© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.

Slides:



Advertisements
Similar presentations
The Constitution of the United States is a remarkable document in many ways. Drafted in 1787, yet is still relevant today Short, and easy to read; its.
Advertisements

© 2007 by West Legal Studies in Business / A Division of Thomson Learning CHAPTER 4 Constitutional Authority to Regulate Business.
1 `. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
The Historical and Constitutional Foundation Chapter 1.
Constitutional Authority to Regulate Business 1787 US Constitution creates federal form of government Delegated powers Partnership w/exceptions 3 Branches.
I. Proliferation of Government Regulation. II. State Regulation A. State power 1. To regulate intrastate commerce 2. limited by the federal gov'ts power.
Commercial Law (Mgmt 348) Professor Charles H. Smith Constitutional Authority to Regulate Business (Chapter 4) Spring 2009.
U.S. Constitution specifies powers/structure of federal government and guarantees individual rights. 10 th Amendment reserves to states all powers not.
Chapter 05 Constitutional Principles McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 4 Constitutional Law for Business and Online Commerce Chapter 4 Constitutional.
BUSINESS AND THE CONSTITUTION Chapter 2. Constitutional Impact on Business The Constitution applies only to GOVERNMENT action. The Constitution gives.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Articles of Confederation
© 2004 West Legal Studies in Business A Division of Thomson Learning 1 Chapter 4 Constitutional Authority to Regulate Business Chapter 4 Constitutional.
THE CONSTITUTION AND BUSINESS. Separation of Powers Power shared by branches of government.  Legislative: enacts legislation appropriates funds.  Executive:
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Chapter 4: Constitutional Authority to Regulate Business BUSINESS LAW: Text & Cases — Legal, Ethical, International, and E-Commerce Environment11 th Ed.
Due Process and Equal Protection
© 2015 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
The Constitution and its Influence on Business OBE 118, Section 3 Fall, 2004 Professor McKinsey.
© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Constitutional Law for Business and Online Commerce.
Constitutional Law-. Functions of the Constitution Provides the Structure of Government Establishes Federalism Provides for the Regulation of Business.
© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Chapter 4 Constitutional Authority to Regulate Business.
Chapter 4 Constitutional Law for Business and E-Commerce
Business Law and the Regulation of Business Chapter 4: Constitutional Law By Richard A. Mann & Barry S. Roberts.
Copyright © 2006 by Pearson Prentice-Hall. All rights reserved Slides developed by Les Wiletzky PowerPoint Slides to Accompany ESSENTIALS OF BUSINESS AND.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall. 5-1 Chapter 2 Constitutional Law for Business and E-Commerce.
What is the basic structure of the United States government? What is the basic structure of the United States government? What constitutional clause gives.
©2001 West Legal Studies in Business. All Rights Reserved. 1 Chapter 5: Constitutional Law.
© 2004 West Legal Studies in Business A Division of Thomson Learning 1 Chapter 5 Constitutional Law.
CHAPTER 5: CONSTITUTIONAL GROUNDS FOR REGULATING BUSINESS.
McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 4 Constitutional Law.
Chapter 2 Business and the Constitution Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior.
Chapter 5.  It creates the three branches of government  Executive  Legislative  Judicial  It allocates powers to these branches  It protects individual.
Chapter 5 – The Constitution and the Regulation of Business Copyright © 2011 by Jeffrey Pittman.
Chapter 1 The Historical and Constitutional Foundations.
CHAPTER 5 CONSTITUTIONAL REGULATION OF BUSINESS DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed.)
P A R T P A R T Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate.
The Paralegal Professional PA101.  the power to govern is shared by one central or federal government and the 50 state governments.
Constitutional Concerns: Functions Enumerated Powers -- Specific Grants of Authority to Federal Government Limits on Government Action -- Bill of Rights.
Business and the Constitution Chapter 4. The Constitutional Powers of Government Before the Revolutionary War, States wanted a confederation with weak.
The Paralegal Professional ESSENTIALS, 2/e By Cheeseman and Goldman PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ Chapter 5:
Copyright © 2004 by Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany BUSINESS LAW E-Commerce and Digital Law International Law and Ethics.
3-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 4 The Constitution as the Foundation of the Legal Environment.
Chapter 5 Constitutional Law.
© 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
© 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning Chapter 5 Constitutional Authority To Regulate Business.
The Paralegal Professional Part II: Introduction to Law Chapter Five American Legal Heritage & Constitutional Law.
U.S. Constitution Handbook Principles. A more perfect union Establish justice Insure domestic tranquility Provide for the common defense Promote the general.
Chapter 2 Constitutional Law. 2  What is the basic structure of the United States government?  What is the Commerce clause?  What is the doctrine of.
© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Copyright © 2010 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. and the Legal Environment, 10 th edition by Richard.
Chapter 5 Constitutional Authority To Regulate Business.
Chapter 4 Constitutional Law for Business and Online Commerce
Chapter 1 The Legal and Constitutional Environment of Business
Chapter 2 Constitutional Law for Business and E-Commerce
Chapter 5: Constitutional Law
Constitutional Law for Business and E-Commerce
Chapter 4 Constitutional Law for Business and E-Commerce
Essentials of the Legal Environment today, 5E
Chapter 4: Business and the Constitution
Jody Blanke Professor of Computer Information Systems and Law
Chapter 3 AMSCO Generally
Chapter 4 THE CONSTITUTION AS THE FOUNDATION OF THE LEGAL ENVIRONMENT
Presentation transcript:

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Chapter 4: Constitutional Authority to Regulate Business © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

The Constitutional Powers of Government  Before the Revolutionary War, States wanted a confederation with a weak national government and very limited powers. After the war ended, the States voted to create a new, federal government that shared power with States. 2

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. The Constitutional Powers of Government  Federal Form of Government: Shares power between national and state governments. National government has limited, enumerated powers delegated from States. 3

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. The Constitutional Powers of Government  Federal Form of Government (cont’d). 10 th Amendment: powers reserved to the states and to the people. Police Powers: order, safety, morals. 4

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. The Constitutional Powers of Government  The Separation of Powers. Three branches that provide checks and balances: Legislative (Congress): Creates laws. Executive (President/Agencies): Enforce laws. Judicial (Federal Courts): Interprets laws. 5

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The Commerce Clause. Power to regulate interstate commerce defined in Gibbons v. Ogden (1824): activities that “substantially affect interstate commerce.”  6 The Constitutional Powers of Government

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The Commerce Clause. Expansion of National Powers. In 1942, Supreme Court expanded commerce clause to purely interstate businesses (Wickard v. Filburn). In 1964, Supreme Court prohibited racial discrimination in interstate commerce (Heart of Atlanta Motel v. U.S.). 7 The Constitutional Powers of Government

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The Commerce Clause. Commerce Clause Today. National government can regulate virtually any business enterprise, including those that are internet-based. Limits: U.S. v. Lopez (1995). What about medical marijuana and the commerce clause? 8 The Constitutional Powers of Government

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The Commerce Clause. The “Dormant” Commerce Clause. Generally, federal government has exclusive authority to regulate commerce that substantially affects trade among the states. States possess inherent police powers to regulate health, safety, public order, morals and general welfare.  9 The Constitutional Powers of Government

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The Commerce Clause. The “Dormant” Commerce Clause. State police powers or regulations that substantially interfere with interstate commerce will be struck down. CASE 4.1 F AMILY W INEMAKERS OF C ALIFORNIA V. J ENKINS (2010). CASE 4.1 F AMILY W INEMAKERS OF C ALIFORNIA V. J ENKINS (2010). Did the State of Massachusetts discriminate against out-of-state wineries? 10 The Constitutional Powers of Government

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The Supremacy Clause. In case of direct conflict between state and federal law, state law is invalid. A valid federal statute or regulation will take precedence over a conflicting state or local statute.  11 The Constitutional Powers of Government

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The Supremacy Clause. Preemption occurs when Congress chooses to act exclusively when national and state governments have concurrent powers. 12 The Constitutional Powers of Government

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Business and the Bill of Rights  First Ten Amendments to the United States Constitution are called the Bill of Rights.  All apply to natural persons and most apply to business entities as well. 13

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. The Bill of Rights 14

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Business and the Bill of Rights  Limits on Federal and State Government Actions. Bill of Rights was originally intended as a limit on national government powers. Today, Bill of Rights is applied to States via the “due process” clause of the 14th Amendment. 15

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Speech. Afforded highest protection by courts. Symbolic Speech: Texas v. Johnson (1989), the “flag burning” case.  Business and the Bill of Rights 16

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Speech. Reasonable Restrictions. Balance must be struck between a government’s obligation to protect its citizens versus a citizen’s right to speech. If restriction is content neutral, restrictions must target some societal problem – not to primarily suppress the message. Business and the Bill of Rights 17

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Speech. Corporate Political Speech. Political speech by corporations is protected by the First Amendment. In Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for President and Congress. Business and the Bill of Rights 18

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Speech. Commercial Speech. Courts give substantial protection to commercial speech (advertising). Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary.  Business and the Bill of Rights 19

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Speech. Commercial Speech. CASE 4.2: B AD F ROG B REWERY, I NC. V. N EW Y ORK S TATE L IQUOR A UTHORITY (1998). CASE 4.2: B AD F ROG B REWERY, I NC. V. N EW Y ORK S TATE L IQUOR A UTHORITY (1998). Did the State unconstitutionally restrict commercial speech when it prohibited a certain gesture (illustration) on beer labels? Business and the Bill of Rights 20

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Speech. Unprotected Speech: certain types of speech are not protected by the First Amendment: slander, fighting words, pornography. – Obscenity (see Miller v. California). – Online Obscenity: CDA, COPA, Children’s Internet Protection Act, Children’s Internet Protection Act (2000). Business and the Bill of Rights 21

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Religion. Government may not “establish” a religion or prohibit the “free exercise” of religion. The Establishment Clause: prohibits government from establishing a state- sponsored religion, or passing laws that favor one over the other.  Business and the Bill of Rights 22

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Religion. The Establishment Clause. CASE 4.3 T RUNK V. C ITY OF S AN D IEGO (2011). CASE 4.3 T RUNK V. C ITY OF S AN D IEGO (2011). What was the Supreme Court’s rationale for ordering the cross removed? Business and the Bill of Rights 23

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  The First Amendment – Freedom of Religion. Free Exercise Clause: First Amendment guarantees the “free exercise” of religion. Employers must reasonably accommodate beliefs as long as employee has sincerely held beliefs. Business and the Bill of Rights 24

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Fifth and Fourteenth Amendments provide “no person shall be deprived of life, liberty or property without due process of law.”  Due Process: Procedural and Substantive issues.  Due Process and Equal Protection 25

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Due Process and Equal Protection  Due Process. Procedural Due Process: p rocedures depriving an individual of her rights must be fair and equitable. Constitution requires adequate notice and a fair and impartial hearing before a disinterested magistrate. 26

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Due Process and Equal Protection  Due Process. Substantive Due Process: focuses on content or substance of legislation. Laws limiting fundamental rights (speech, privacy, religion) must have a “compelling state interest.” Laws limiting non-fundamental rights require a “rational basis.” 27

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Due Process and Equal Protection  Equal Protection. Similarly situated individuals must be treated in the same manner. Strict Scrutiny Test. Suspect trait (race, national origin) must serve a “compelling state interest” which includes remedying past discrimination.  28

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Due Process and Equal Protection  Equal Protection. Intermediate Scrutiny. Applied to laws involving gender or legitimacy. To be constitutional laws must be substantially related to important government objectives. – (EXAMPLE: Illegitimate teenage pregnancy). 29

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Due Process and Equal Protection  Equal Protection. “Rational Basis” Test. Applied to matters of economic or social welfare. Laws will be constitutional if there is a rational basis relating to legitimate government interest. 30

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Privacy Rights  Fundamental right not expressly found in the constitution, but derived from First, Fifth and Fourteenth Amendments.  Laws and policies affecting privacy are subject to the compelling interest test. 31

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Privacy Rights  Federal Statutes Affecting Privacy Rights. “Pretexting” for financial information is illegal under Gramm-Leach-Bliley. Privacy Act of Medical Information: HIPAA of Court Records. USA PATRIOT Act of