Slide 1Constitutional LawThe U.S. ConstitutionThe U.S. ConstitutionThe U.S. ConstitutionThe U.S. ConstitutionPrivacy in the U.S. ConstitutionFederalism- The Commerce ClauseThe Commerce ClauseThe Commerce Clause - CasesThe Commerce Clause - CasesThe Commerce Clause - CasesGonzales vs. RaichGonzales v. RaichAffordable Care ActProtected Rights – Free Speech1st Amendment problemsProtected Rights: Free SpeechProtected Rights: Free Speech© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. LEGAL AND ETHICAL ENVIRONMENT OF BUSINESSGerlinde Berger-Walliser, JD, Ph.D.,Assistant Professor of Business Law,University of Connecticut© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. CONSTITUTIONAL LAWChapter 4 (constitutional law)© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The U.S. Constitution•Drafted in 1787, still successful today•Short and easy to read•Permitted interpretation•Versatility© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The U.S. Constitution•First nation in modern history founded on the idea that:•People could govern themselves, democratically•Framers set out to draft a new document and to create a government, but •limited the power of federal government (federalism, separation of powers)•Protect people from the government•The Constitution is a series of compromises about power© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The U.S. Constitution•Individual rights•Bill of rights - First 10 amendments were added to the Constitution•Protects the individual from government intervention.© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The U.S. Constitution•Monitoring employee e-mail and internet use - legal or an invasion of privacy?•Is privacy a protected right?© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. Privacy in the U.S. ConstitutionAmendment I (Privacy of Beliefs)Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment III(Privacy of the Home)No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.Amendment IV(Privacy of the Person and Possessions)The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Amendment IX(More General Protection for Privacy?)The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Liberty Clause of the Fourteenth AmendmentNo State shall... deprive any person of life, liberty, or property, without due process of law.© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. Federalism- The Commerce Clause•Congressional power is limited to list in Article 1, section 8•Commerce clause: •Part of Article I, section 8•gives Congress the power to regulate commerce with foreign nations and among states•Prevents states from regulating interstate commerce (dormant commerce clause)•Frequent source of controversy© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The Commerce Clause•Origin of the clause•Stop the states from imposing the taxes and regulations that were wrecking the nation’s domestic trade•Power to bring coordination and fairness to trade among the states•Elements of the clause•“Congress may regulate any activity that has a substantial economic effect on interstate commerce”•____________•____________•____________•http://www.youtube.com/watch?v=SUniLagjyL4 (explaining the commerce clause)© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The Commerce Clause - CasesGibbons vs. Ogden (U.S. Supreme Court, 1824)Gibbons and Ogden were competing steamship franchises operating steamship ferries between New Jersey and New York City on the Hudson River. Ogden claimed that the State of NY had granted him an exclusive license to operate, Gibbons claimed he had a right to operate pursuant to a 1793 act of Congress regulating coastal commerce (CCA). After the NY court and the NY Supreme Court had found for Ogden, Gibbons appealed to the U.S. Supreme Court claiming that the CCA was unconstitutional.Did the Coastal Commerce Act violate the Commerce Clause? http://www.youtube.com/watch?v=QGTkRP4v8tM (illustrating Gibbons v. Ogden)© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The Commerce Clause - Cases•Commercial activity?•“among states” = the regulated activity does not stop at the States border:•“Substantial economic effect”:© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part. The Commerce Clause - Cases•Medical Marijuana•http://www.youtube.com/watch?v=HFMcYJeCRhc© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.