The constitution and business Structure of the constitution A Preamble B Seven 7 Articles 1 an introductory statement a preliminary explanation 1 Article I legislative branch of government a Two houses of congress 1 House of representatives a Changes every second year b Number of representatives from each state depends on population of the state c Must be a citizen for 7 years 2 Senate a Two from each state b Elected for 6 years c Must be at least 30 d Citizen for 9 years e Vice president of united states is president of senate b Commerce clause c Contract clause 1 A provision in article I section 8 or the U S constitution that grants the federal government the power to regulate business transactions 1 The constitutional provision that prohibits states from enacting laws that interfere with existing contracts 2 The supreme court has refused to interpret this clause in an absolute manner 2 Article II Executive branch of government a Twelfth amendment 1804 Established the electoral college method of electing president and vice president b Twentieth amendment 1933 Term limitation of president 1 Presidents and vice presidents ends on the 20th day of January at noon 2 Senate and representatives on the 3rd of January 3 Article III Judicial branch of government Judicial power of the US is vested in one supreme court a b Consists of a chief justice and 8 associate justices c Terms are for life 4 Article IV states relations article a Privileges and immunities clause 1 A provision found in article IV and the fourteenth amendment of the US constitution that prevents a state government from discriminating in favor of its citizens and against citizen from another state 2 This clause while not interpreted to be absolute has emphasized national rather than state citizenship b Full faith and credit clause 1 A provision in the US constitution that requires a state to recognize the laws and judicial decisions of all other states c Thirteenth amendment 1865 supersedes part of original article IV 1 Neither slavery nor involuntary servitude except as a punishment for crime whereof the party shall have been duly convicted shall exist within the US or any place subject to their jurisdiction 5 Article V method of amending constitution a Requires ratification by 38 states though legislative action or by a constitutional b The US has never held a convention for the purposes of amending the convention constitution c The congress whenever 2 3 of both houses shall deem it necessary shall propose amendments to this constitution 6 Article VI supremacy clauses a Article VI of the US constitution which states that the constitution laws and treaties of the US shall be the supreme law of the land and shall take precedence over conflicting state laws 7 Article VII ratification of the constitution a The ratification of the conventions of nine state shall e sufficient for the establishment of this constitution between the states so ratifying the same 8 Amendments 27 to date a an alteration of or addition to a motion bill constitution etc Doctrine of separation of powers The doctrine that holds that the legislative executive and judicial branches of government function independently of one another and that branch serves as a check on the others A Vertical 1 Federalism B Horizontal a A term used to describe the vertical aspect of the separation of powers b The coexistence of a federal government and the various state governments with each having responsibilities and authorities that are distinct by overlay 1 Three separate but equal branches of government judicial legislative executive a Checks and balances system 1 Assigns various powers and functions of government to separate and relatively independent levels and branches of the federal system in order to prevent their all being controlled at the same time by any potentially tyrannical political faction 2 With checks and balances each of the three branches of government can limit the powers of the others 3 No one branch becomes too powerful Supremacy clause Article VI Article VI of the US constitution which states that the constitution laws and treaties of the US shall be the supreme law of the land and shall take precedence over conflicting state laws A condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law Preemption A Analysis of 1 Does the federal law preempt the area yes if federal law preempts a subject then any state law that attempts to regulate the same activity is unconstitutional under the supremacy case Types of preemption a Express preemption Implied preemption b If so state law is null and void unconstitutional under the supremacy clause 2 If no preemption federal and state laws are valid UNLESS the two laws are in conflict Two laws are in conflict if complying with the state law makes it impossible to comply with the federal law If the laws are in conflict the state law is null and void unconstitutional under the supremacy clause The commerce clause article I section 8 A provision in article I section 8 of the US constitution that grants the federal government the power to regulate business transactions The congress shall have the power to lay and collect taxes duties imposts and excises to pay the debts and provide for the common defense and general welfare of the united states but all duties imposts and excises shall be uniform throughout the united states To regulate commerce with foreign nations and among the several states and with the Indian tribes A Definition of commerce 1 The exchange or buying and selling of goods on a wide scale involving moving goods from place to place Congress has broad powers to regulate interstate commerce 2 The buying and selling of products and services between firms usually in different states B Three types of commerce controlled by the commerce clause or countries 1 Foreign commerce a Grants the federal government power to regulate foreign commerce exclusively b Can prohibit foreign commerce entirely 2 Commerce with the Indian tribes 3 Commerce among the several states interstate commerce a Refers to the purchase sale or exchange of commodities transportation of people money or goods and navigation of waters between different states Interstate commerce is regulated by the federal government as authorized under Article I of the U S Constitution b c The federal government can also regulate commerce within
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