GSU BUSA 2106 - Constitutional Law II (4 pages)

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Constitutional Law II

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Constitutional Law II


constitutional law

Lecture number:
Lecture Note
Georgia State University
Busa 2106 - Legal Environment of Bus

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BUSA2106 Lecture 9 Outline of Last Lecture I Separation of powers checks and balances II Federalism III Commerce clause dormant commerce clause Outline of Current Lecture IV Preemption V Due process VI Equal protection VII Privacy Current Lecture What happens in areas of concurrent power when a federal and state law conflict Preemption Comes from Supremacy Clause The Constitution and the laws made in pursuance thereof shall be the supreme law of the land Individual Constitutional Rights Limits on what the government can do to people Criminal law 4th 5th 6th 8th Amendments Equal Protection Clause s 5th 14th Amendments Due Process Clause s 5th 14th Procedural due process Substantive due process Equal Protection Clause 14thAmendment nor shall any State deny to any person within its jurisdiction the equal protection of the laws Applies to local governments as well 5th Amendment applies equal protection to federal government actions What about private parties The amendments does not apply to private parties What is equal protection of the laws Government is required to treat similarly situated people and businesses equally Issue Federal and state governments heavily regulate gambling businesses but not other businesses to the same extent Does this government action discriminate against similarly situated businesses No because a gambling business is not similarly situated to a shopping center Equal Protection Standards What sort of discrimination is involved Strict scrutiny test Involves race national origin or citizenship status and Government action must be necessary to meet a compelling government interest Intermediate scrutiny test Involves gender and Government action must be substantially related to an important government interest Rational basis test Involves anything else and Government action must relate to a legitimate government interest Due Process Clauses 5th Amendment nor shall any person be deprived of life liberty or property without due process of law

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