1. CHAPTER 5: CONSTITUTIONAL GROUNDS FOR REGULATING BUSINESS

2. Learning Objectives: Review the Federal Form of Government Consider the Nature of Federalism  Commerce Clause  Supremacy Clause and Preemption  Checks on the Power of Government  Privacy Rights Chapter 52 CHAPTER 5: CONSTITUTIONAL GROUNDS FOR REGULATION BUSINESS

3. Concept of Federalism Purposes of the Federal Constitution: 1.Creates the Federal Government 2.Allocates Powers of Federal and State Governments 3.Imposes Limits on the Power of Government Chapter 53 INTRODUCTION

4. Doctrine of Separation of Powers: 1.Legislative 2.Executive 3.Judicial System of Checks and Balances Chapter 54 FEDERAL GOVERNMENT

5. 1.Nature of Federalism 2.Distribution of Powers – –FEDERAL Enumerated Powers –STATE Police Powers –Concurrent Powers –Relationships Among the States Chapter 55 FEDERALISM

6. 3.Commerce Clause –“Active” Commerce Clause Application –“Dormant” Commerce Clause Application 4.Supremacy Clause –Purpose of the Clause –Doctrine of Preemption Chapter 56 FEDERALISM

7. 1.Basic Principles Associated with Constitutional Limitations –“State Action” Requirement –Constitutional Balancing Tests: Strict Scrutiny Test Rational Basis Test Intermediate Scrutiny Test Chapter 57 CONSTITUTIONAL CHECKS ON GOVERNMENT POWER

8. 2.Specific Applications: –Freedom of Speech: Political Speech Commercial Speech –Takings –Due Process: Procedural Due Process Substantive Due Process –Equal Protection Chapter 58 CONSTITUTIONAL CHECKS ON GOVERNMENT POWER

9. Development of Privacy Rights Applications Chapter 59 PRIVACY RIGHTS

10. CHAPTER 5: CONSTITUTIONAL GROUND FOR REGULATING BUSINESS