Ch 5 Business and the Constitution February 4 2016 The Constitutional Powers of Government Federalism government and the state government the states form a union and the power is divided between the national Police Power gives states ability to promote health safety and welfare of citizens The Federal Government has power over the states to do certain things under Article IV o Privileges and Immunities Clause citizens of each state shall be entitled to all privileges and immunities of citizens of several other states People out of state must be treated the same as those who live in state o Full Faith and Credit Clause the states must afford full faith and credit to public acts and judicial proceedings of every other state Checks and Balances no one body or entity has too much power so we split the power between the three branches of government the Legislative Executive and Judicial o Enacting Laws doing foreign affairs determining federal court o If the Legislature makes a law the Executive can veto and Judicial can declare it invalid o Legislature has veto override on the Executive while the Judiciary can declare their acts invalid the nominee o Over the Judiciary the Executive has appointing power the Legislature confirms The Commerce Clause empowers Congress to regulate formers within nations among the nations and into Indian tribes o o Tax and Spend allows Congress to lay and collect taxes as long as it bears a If intrastate commerce affects interstate commerce the state regulate commerce reasonable relationship to revenue production The limiting factor has effect on some states than in others o Spending Power empowers Congress today to engage in spending to promote the general welfare of the US The Bill of Rights Protects actual and legal people humans and acorns 1 First Amendment Freedom Speech Religion Press Assembly o There are limits to your freedoms o Most broad protected type of speech is Political Speech speech that is about your government social issues the government had limited ability to impede your ability to say such things Symbolic Speech i e flag burning flashing brights in car to warn of police officer wearing offensive clothing things that don t cause riots or are part of a peaceful protest o Commercial Speech speech that sells stuff It s more regulated that political speech The government has more interest in regulating what you say Protects people from fraud or false advertising Intermediate Scrutiny the government has to identify a substantial interest the restriction must directly withstand the interest and the restriction is no more restrictive than necessary to achieve what the government is trying to do There should be no puffery or making your product more appealing but the government can t limit or restrict it o Most regulated speech is Unprotected Speech the government can say you re not allowed to say that i e threats of harm or death fighting words Hate Speech is protected speech but when it moves into fighting words that s when things change Obscenity you don t have the right to say or symbolize things in that matter If it has no redeeming value in art society or literature then it s not something to engage in o Religion Congress shall make no law enforcing the establishment of a religion Establishment Clause or making a prohibition of the pre exercise of another clause Free Exercise Clause Establishment Clause the government can t make a religion superior or burden another by the passage of law Free Exercise Clause prohibits the government from compelling anyone to do something contrary to his religious beliefs or restricting your exercise of your religious beliefs except where government action is required The code doesn t allow your religion to let you commit crimes or go against Lemon Test comes from Lemon v Kirkman things you need to have certain policies State Actor Secular Purpose Secular Effect Excessive Entanglement Prohibited 2 Guns The Right to Bear Arms 3 Quartering soldiers can t angel 4 Search Seizure o Applies to natural persons and corporations o Allows you to be secure in your person homes paper and effects The government can t go into your space look at your stuff and arrest you without probable cause Exceptions are in the search warrant arena but not in the arrest warrant Warrantless searches can be done under six different circumstances Emergency Disappearing Evidence when police believe that someone s life is in danger or someone is getting rid of evidence Consent the police can do whatever they want because you allow it to happen Plain View if evidence is in sight for the officers to view in your property Automobiles it goes for anything that can be moved from an officer can be fully searched Stop and Frisk Terry Stops they re for officer s safety If you look shady just take your hands out of your pocket If they have a suspicion they can search to ensure their safety Incident to Arrest If somebody gets stopped and there s a warrant out for their arrest the officer will be able to search them and their vehicle These are arguments under Motions to Suppress There are mechanisms to have things found in the search thrown out if the search was unlawful 5 Flattering sources for gain o Due price o Due process o Payment for property eminent domain 2 Trial by jury criminal o Speedy Trial o Cross Examination o Right to Counsel 2 Trial by jury Civil 2 Excessive Bail Cruel Unusual Punishment 2 Reservation of Rights Not Enumerated o Just because we don t tell you what your rights are doesn t mean you don t have any o The Reverse of Federalism o Any rights not captured by the Federal government are left to the states Chapter 7 Criminal Law February 9 2016 Crimes wrongs against society Civil Law Criminal Law Crimes are prosecuted by the state enforce rights against each other enforcing rights in respect to society o Enforced with fines probation imprisonment jail death sentence Each crime is classified by severity o Felonies serious crimes i e murder robbery that carry the most severe sanctions They are punishable by more than a year in federal prison or fines o Misdemeanors punishable by fines up to one year in prison Imprisonment is the county jail or local penitentiary Petty Offenses the least serious criminal offenses but will mostly result in fines i e traffic violations J walking In order for someone to have committed a crime one must have o Actus Reus the prohibited act you have to do the wrong thing o Mens Rea the guilty mind you
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