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FSU BUL 3310 - Exam 2

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Irresistible Impulse – If a person, due to mental disease or defect, has an uncontrollable urge to commit a criminal act, that person is not criminally responsibleBUL 3310 Exam 2 p. 28 Separation of Powers checks and balances (at some point in time one may be more powerful then the other ex: congress passes a law, then president can veto, then congress could veto with 2/3’s votes) Constitution effects business and individuals 3 functions of government:1. Legislative – makes laws Ex: Congress2. Executive – enforces and administers laws Ex: president – country, govornor – state, mayor – city 3. Judicial – interprets laws (has lot of power)Ex: judges and courts Cases: US v. Nixon (1974) – Watergate scandal – republicans hired people to break into and steal things from Democrat offices – thought president Nixon might have something to do with it. Ordered videos from the white house.- Supreme Court ruled he had to give over the tapes- Legislative over executive - He resigned there after Clinton v. Jones (1997) – sexual harassment – he had to appear at a deposition – contemplated not going because it would hurt the country - end result the executive (president) had to yield to the judiciary (courts) - judge ruled for a deposition Bush v. Gore (2000) – there was question about the recount but Supreme Court ruled no recount Who called for the recount?Constitutional Judicial Review Determining whether laws and actions violate the constitution Ex: jury duty case with father and young child (law at the time said mothers were excused) - courts overruled the law stating mothers only Judicial Review Interpreting (determining the meaning of) law Ex: “reasonable” – semantics (interpretation of words) to determine if action taken or withheld p. 29 Interstate commerce vs. Intrastate commerce inter – between two or more statesart. I sec. 8 “congress shall have power to regulate commerce with foreign nations and among several states ..”- federal government can regulate commerce between states intra – within the state- not crossing state lines - own st legislature will decide what activities we engage inCases dealing with inter v. intra state issues: (know the outcomes, not dates and names of cases)Wickard v. Filburn (1942)– Mr. W was a secretary of agriculture and Mr. F was a farmer. This was after the great depression and congress had passed some laws to help stimulate the econ such as Acre Allotment. Mr. F was given 100 acres but planted 200 acres. Government sued him. Mr. F argued that he was intrastate so the federal government couldn’t be involved, and that he was using the extra 100 for his family. - congress was able to regulate because of this statute “Congress has power to regulate the state or local activity if it effects inter state commerce.”- Congress won this caseHeart of Atlanta Motel v. U.S. (1964) – civil rights case, Public Accommodation Section of Civil Rights Act was passed to take segregation out of the work place. Congress had the right to get involved in this case because it effected interstate commerce because people staying at the motel where from out of town. Congress won.Katzenbach v. McClung (1964) – civil rights case, Owner of a restaurant argued that more than 90% of customers from Alabama so this was not an interstate issue. Congress argued that because the restaurant ordered food from out of state that it was indeed interstate issue. Congress won. National Federation of Independent Business v. Sebelius (2012) – affordable care act, Obama care- 20 states said the government can’t force them to buy health care, congress can mandate this because it is in bounds of Federal power- used the Wickard v. Filburn case to back their claim – because the country is in a recession the fed is stepping in to regulate things for the good of the economy. p. 30 Federal/ State Regulation of Commerce (economic system) (Focus on this section)1. Exclusively Federal subject matters – any attempted state regulation is unconstitutional under the commerce and supremacy clause (supreme law of the land, judges must follow fed law when conflict arises)Includes things like: regulating bankruptcy, the army, navy, right to declare war, interstate commerce 2. subject matters of possible dual regulation (state or federal gov)a. preempted by federal government – means that it is a subject that needs a uniform law for everyone to follow – if st tries to brake a law it is unconstitutional b. subjects that do not have preemptive lawsi. ex: garnishment – an issue that is a law by federal government but allows for states to regulate to a certain degree. ii. Three things must be present 1) state law, which are in irreconcilable conflict are unconstitutional 2) must not discriminate against interstate commerce in favor of intrastate commerce (ex: out of state tuition example) 3) state law must not impose an undue burden on interstate commerce (ex: of mud flaps shapes and sizes on semis, different for each st., this is unreasonable ex2: train length laws – both have since been eliminated)3. Exclusively local subject mattera. state/local regulation permitted, subject to police power (it means regulate) limitations: i. three things: 1) law must relate to public health, safety, welfare or morals, 2) must not violate US constitution (equal protection, due process, commerce clauses), 3) must be unreasonable or arbitrary 4. Commerce clause and Taxation of Business by States a. Nexus (connection to income tax) or Taxable Situs required – ex: Brainiff airways case – can they be taxed two times? i. A state can only tax a business for the revenues that they make in that state - intrastateb. “Fair Apportionment” required c. supreme court said Nexus existed, and levying taxes (taxable situs) that are only applicable to the state Guidelines for Interpreting Constitutional Rights1. constitutional rights are not absolutesa. ex: yelling fire in a public place. Freedom of speech doesn’t apply here because it causes the public undue stress. Could be accused of slander b. ex: fraud – inability to say what you want 2. C. issues involve a weighing process between competing policiesa. right of an individual to be free from unreasonable searches and seizures v. right of the state of fl to prevent a thief from stealing library materials i. ex: fsu strozier search b. ex: air port 3. C. rights are variable from time to time a. Abortionb.


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