BUSA 2106 LEGAL ENVIRONMENT Constitutional Authority Edwin K Palmer Constitutional Bases for Business Regulation THE CONSTITUTION o o Our governing document The supreme law of the land Constitutional Bases for Business Regulation CHECKS AND BALANCES Executive Legislative Judicial do they still work as our forefathers intended Constitutional Bases for Business Regulation COMMERCE CLAUSE o o provides far reaching powers to the Federal Government to inquire intrude into acts of the States and into the acts of business The journey of the Commerce Clause through Gibbons vs Ogden 1824 through Heart of Atlanta Motel Inc 1964 through today POLICE POWERS Dormant Commerce Clause Constitutional Bases for Business Regulation BILL OF RIGHTS o o o o o o Application of the Bill of Rights to Business The Ninth Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people Penumbra what is out there in the shadow of the Constitution An Activist Judge A Strict Constructionist Judge or simply a Judge correctly interpreting the Constitution Constitutional Bases for Business Regulation THE FIRST AMENDMENT o SPEECH o Full protection Limited protection time place manner Commercial Speech Symbolic Speech Unprotected RELIGION Establishment clause can t establish can t prohibit Constitutional Bases for Business Regulation THE FOURTH AMENDMENT o Searches and Seizures THE FIFTH AMENDMENT o Self Incrimination THE FOURTEENTH AMENDMENT 1 2 3 4 Due Process Equal Protection Privileges and Immunities prohibit Brought protections of Bill of Rights to State Level Constitutional 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 Brandeis Constitutional Bases for Business Regulation PRIVACY A Constitutional Right