Slide 1The Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentThe Constitutional Powers of GovernmentBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsBusiness and the Bill of RightsDue Process and Equal ProtectionDue Process and Equal Protection© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.Business Law Today 10th Ed.Text and Summarized CasesDiverse, Ethical, Online and Global EnvironmentRoger LeRoy MillerGaylord JentzChapter 2: Constitutional LawCreativeye99/iStockphoto.comTHE CONSTITUTIONAL POWERS OF GOVERNMENT •A Federal Form of Government. •The federal constitution was a political compromise between advocates of state sovereignty and central government. •Broad language in the Constitution has ben interpreted by courts2© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •Separation of Powers. Executive, Legislative and Judicial. Provides checks and balances. –Legislative: enacts laws.–Executive: enforces laws.–Judicial: declares laws/actions unconstitutional.3© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •The Commerce Clause.–U.S. Constitution gives Congress the power to: “regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.” (Art. 1 § 8)–Greatest impact on business than any other Constitutional provision. 4© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •The Commerce Clause.–Gibbons v. Ogden (1824). To Chief Justice Marshall, commerce meant all business dealings that substantially affected more than one state. The national government had the exclusive power to regulate interstate commerce. 5© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •The Commerce Clause.–Commerce Clause and the Expansion of National Powers.•Wickard v. Filburn (1942). Purely local production, sale and consumption of wheat was subject to federal regulation.6© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •The Commerce Clause.–Commerce Clause Today.–Theoretically the commerce clause applies to virtually all commercial transactions.–The commerce clause applies to e-commerce internet transactions.7© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •The Commerce Clause.–Regulatory Powers of the States.•Tenth Amendment reserves all powers to the states that have not been expressly delegated to the national government.8© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •The Commerce Clause.–Regulatory Powers of the States.–States have inherent “police powers”: including right to regulate health, safety, morals and general welfare, licensing, building codes, parking regulations and zoning restrictions. 9© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE CONSTITUTIONAL POWERS OF GOVERNMENT •The Supremacy Clause.•Article VI of the Constitution provides that Constitution, laws and treaties of the United States are the “supreme law of the land.”•Concurrent: in few areas, both states and federal government share powers.10© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.BUSINESS AND THE BILL OF RIGHTS•1791: Ten written guarantees of protection of individual liberties from government interference.•Limits on Federal and State Governmental Actions.–Originally, Bill of Rights only applied to the federal government. 11© 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 distributed with a certain product or service or otherwise on a password-protected website for classroom use.•Limits