The Constitution And Business Presented by Daisy Mae Go Srinivasa Thotakura Parvathi Natarajan Saravanan Velrajan LAW 529

Overview Basic Concepts Regulation and Basic Freedoms The Fourteenth Amendment Case Scenario Conclusion

Basic Concepts Separation of Powers Supremacy Clause Contract Clause Commerce Clause

Basic Concepts (contd.) Separation of Powers –Horizontal division Legislative, Executive and Judicial –Vertical Division Federalism or Dual Federalism Supremacy Clause –Preemption doctrine

Basic Concepts (contd.) Contract Clause –Article I, section 10 Commerce Clause –Regulation of foreign commerce –Regulation of interstate commerce –Limitation on state police power –Limitation on state taxation

Limitation on State Police Power –Exclusively Federal –Exclusively Local –Dual Regulation Case Study –South Central BELL Telephone company vs State of Alabama

Limitation on State Taxation –Is a primary form of regulation –Apportionment –Nexus Case Study –Hunt Wessen Inc vs. FTB California –Unitary and Non Unitary Income

Freedom of the Press First Amendment – Congress shall make no law abridging the freedom of the press. Only private business given such constitutional protection Press – not free to print anything without liability Defamation + malice = Libel suit

Freedom of Speech Freedom of expression –Freedom of information –Rights of public to be informed Overbreadth doctrine Commercial Speech –Public interest – protects speaker & listener

Due Process of Law Fundamental fairness and decency Procedural due process –Procedures established by statute Substantive due process –When property or other rights affected by Govt. Invoked when procedures of Govt. are questioned in litigation. Case Scenario – BMW of North America Inc., vs. Gore.

Equal Protection - Definition Means to the end, or goal of equality of opportunity Involved in constitutional litigation Does not deny the state’s power to treat people differently

Equal Protection – Approaches to Challenge Minimum Rationality –Classification has rational connection to permissible state ends –Involves Economic Issues or Social Legislation Strict Scrutiny –Classification achieves compelling state purpose –Involves suspect class or fundamental constitutional right Quasi-Strict Scrutiny –Classification is partially suspect or the rights are not fundamental –Sex or Gender based classifications

Equal Protection - Cases Apportionment of legislative bodies The makeup of juries Voting requirements Welfare residency requirements Rights of aliens Use of property taxes as the means of financing public schools

Conclusion Basic Concepts Regulation and Basic Freedoms The Fourteenth Amendment Case Scenario