BUSA 2106 - LEGAL ENVIRONMENT: Constitutional Authority Edwin K. PalmerConstitutional Bases for Business Regulation THE CONSTITUTIONo Our governing documento The supreme law of the landConstitutional Bases for Business Regulation CHECKS AND BALANCESExecutive/Legislative/Judicial... do they still work as our forefathers intended?Constitutional Bases for Business Regulation COMMERCE CLAUSEo provides far reaching powers to the Federal Government to “inquire/intrude” into acts of the States and into the acts of businesso The journey of the Commerce Clause • through Gibbons vs. Ogden (1824) • through Heart of Atlanta Motel, Inc. (1964) • through today  POLICE POWERS … Dormant Commerce ClauseConstitutional Bases for Business Regulation BILL OF RIGHTSo Application of the Bill of Rights to Businesso The Ninth Amendment – “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”o Penumbra – what is out there in the “shadow” of the Constitution?o An Activist Judge?o A Strict Constructionist Judge?o …or simply a Judge correctly interpreting the Constitution?Constitutional Bases for Business Regulation THE FIRST AMENDMENTo SPEECH• Full protection• Limited protection – time, place, manner• Commercial Speech• Symbolic Speech• Unprotected o RELIGION• Establishment clause• ... can’t establish; can’t prohibitConstitutional Bases for Business Regulation THE FOURTH AMENDMENTo Searches and Seizures THE FIFTH AMENDMENT o Self Incrimination THE FOURTEENTH AMENDMENT 1. Due Process2. Equal Protection3. Privileges and Immunities prohibit4. Brought protections of Bill of Rights to State LevelConstitutional Bases for Business Regulation THE FIRST AMENDMENT one more time... Freedom of Association“We must ever be on our guard, lest we erect prejudices into legal principals.”Justice BrandeisConstitutional Bases for Business Regulation PRIVACYA Constitutional