1. 2.1 Chapter 2 Constitutional Law We, the People © 2003 by West Legal Studies in Business/A Division of Thomson Learning

2. 2.2 Basis for Constitutional Powers  Historical perspective  The Constitution contains two parts: Preamble and the Bill of Rights Federalists Anti- Federalists  The Federalists desired a strong central government while Anti- Federalists supported strong states’ rights  Revolutionary War  The original 13 colonies derived power from colonial charters that later became state constitutions  Articles of Confederation

3. 2.3 Powers of Government Enumerated Police Delegated Reserved Exclusive Concurrent Prohibited Takings

4. 2.4 Takings Eminent domain Partial taking Rights of way Land-lines

5. 2.5 Judicial Review  Courts can interpret constitutional law only after controversy arises  Judges try not to make sweeping changes  Strict constructionism  Strict constructionism presumes the legislature is better at addressing societal problems than the courts

6. 2.6 Commerce Clause  Gives Congress power to regulate interstate commerce  Denies the states power to regulate or impede interstate commerce  Regulates foreign commerce  Federal regulation of commerce  Necessary and proper clause

7. 2.7 State Regulation of Commerce  Contract clause  Full faith and credit clause  Privileges and immunities  Taxing and spending power  Intellectual property clause

8. 2.8 Constitutional Rights of Businesses and Individuals First Fourth Fifth Sixth Seventh Eighth Discuss the impact that each of the following amendments has had on business activities: Activity

9. 2.9 Equal Protection of the Laws  Rational basis  Government may regulate areas that are normally and logically the role of government  Strict scrutiny  Tests to invalidate legislation that violates certain fundamental rights  Quasi-strict scrutiny  Applies where rights involved are clearly important but not necessarily fundamental rights

10. 2.10 Due Process of Law  Procedural due process  Incorporates the traditional issues regarding processes of investigation, arrest, detainment, trial, and appeal  Substantive due process  Allows a court to declare a statute unconstitutional if the statute fails to provide due process

11. 2.11 Questions & Discussion