Exam 2 Chapter 5 constitutional law make sure no one has too much power Section 1 the constitution powers of government A Federal form of Government the national GOV and the State GOV share sovereign power federal has power control state issues Federalism State Police power Right to regulate affairs within their borders Regulate private activity to protect the public order health safety morals and general welfare The privileges immunities clause Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states Foreign state must have a substantial reason for treating the nonresident differently from its own residents Foreign state must have a substantially related to states ultimate purpose in adopting the legislation or regulating the activity The full faith and credit clause Only civil matters one state will be honored by other states Full faith credit shall be given in each state to the public acts records judicial proceedings of every other state Executive branch president Leg congress X VETO Override VETO X Judiciary ACTS unconstitutional hold the law ACTS unconstitutional Appointment Conform by congress X Exec Leg Jud The commerce Clause To regulate commerce with foreign nations among between within power to 2 states the several states and with the Indian Tribes Gibbons v Ogden how far F get into state Only eco Intrastate commerce associated to intrastate commerce Commerce within the states could also be regulated by the national government as long as the commerce substantially affected commerce involving more than one state Supremacy clause and Federal Preemption F S share some power When the state law conflicts Federal law it S law can t pass The taxing spending powers F is very broad nearly unlimited 1 Reasonable 2 Within the national taxing power 3 Uniform on states 4 Unless idea may effect certain stats people 1st Amendment 2nd Amendment 3rd Amendment 4th Amendment 5th Amendment 6th Amendment 7th Amendment 8th Amendment 1 Freedom of speech 2 Freedom of religion 1 Bear arms Lodging of soldiers 1 1 Searches seizures 2 Equal protection 1 Self incrimination 2 Due process 3 Fair payment for property taking 1 Speedy trial 2 Right to cross examine witness 3 Trial by jury criminal how many people get into 1 Right to a trial in civil case 12 1 Prohibits excessive unusual punishment Section 2 Business and the bill of rights 10 Amendments political speech F can pick the time place but can t give the view Freedom of speech 1st regulation Symbolic speech holding sign no speaking wear a shirt Reasonable restrictions Expression oral written or symbolized by conduct Allowed neutral Corporate political speech bidding a corporation from including inserts within its bills to express its views on controversial issues violates the 1st Amendment E g nude dancing Commercial speech purpose of business Restrains the commercial cigarettes out of TV 1 Government interest 2 Directly advance that interest 3 It must go no further than necessary to accomplish its objective Unprotected speech violated criminal law fighting words violated slander 1 Obscene speech 1998 child online protect act harmful to miners 2003 child internet protection act Meta tags of daily web can t pass 2 Online obscenity Filtering software Meta tags Freedom of religion 1st no establish or prohibit Free exercise not hold any religion Searches and seizures 4th Search warrants probably cause Exception 1 Hot pursuit disappear evidences emergencies 2 Plain view exception 3 Automobile exception 4 Search Incident to arrest 5 Consent 6 Stop frisk terry stop Searches seizures in the business context Self incrimination 5th No person shall be compelled in any criminal case to be a witness against himself Only to natural persons not for corporations and partnerships Section 3 due process and equal protection Due process 4th 5th no person shall be deprived of life liberty or property without due process of law Procedural due process fair equally treatment by courts law and government in general Government must give a person proper notice and an opportunity to be heard Substantive due to process used by courts to protect freedoms by making sure government doesn t violate a fundamental right without good reason Equal protection 4th government can t treat similarly situated individuals differently Strict scrutiny a Supreme Court test to see if a law denies equal protection Intermediate Scrutiny case involving discrimination based on gender or legitimacy Substantially related to important gov t objectives The rational basis test less intensive than strict scrutiny or an intermediate review that involves a determination of whether a statutory or regulatory classification of persons has a rational basis and does not deny equal protection under the constitution Federal statutes affecting privacy rights 1st 3rd 4th 5th 9th Section 4 Privacy rights Pretexting a false motive put forth to hide the real motive Process of obtaining information by false means someone calls and pretends to be from Credit Card Company and is checking on card Medical information protect the privacy of individuals health records particularly computerized records HIPAA defines and limits the circumstances in which an individual s protected health information may be used or disclosed The USA patriot act 2001 9 11 Increased authority to monitor internet activities and to gain access to personal financial information and student information Other laws affecting privacy Tort law The federal trade commission Protect privacy rights of online consumers Growing concern protect employees privacy rights Chapter 6 Administrative Law Section 1 The practical significance of administrative law Administrative Agencies Exist at all levels of Government Administrative law is created by administrative agencies Federal Level Between the firm and any unions 2 The national labor relations board 1 Securities exchange Commission 3 The equal employment opportunity commission Regulates a firm s capital structure and financing financial reporting with which it may deal employer employee relationships and health administration The way a firm manufactures its products products regulates Influence the way it markets those 5 Federal trade commission 4 The environmental protection agency and the occupational safety 1 Pretty much same as Federal level Or regulate independently the 2 activities that federal regulation does not cover If they conflict the actions
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