The Legal Environment of Business: The Constitution

A set of flashcards covering key terms and concepts from the lecture on the U.S. Constitution and its legal framework.

Supremacy Clause

The clause in the Constitution declaring that federal law is supreme over state law.

Contracts Clause

A constitutional provision stating that states cannot pass laws that impair the obligation of contracts.

Commerce Clause

The clause that gives the federal government the power to regulate business activity that affects interstate commerce.

Federalism

The division of power between federal and state governments.

Bill of Rights

The first ten amendments to the U.S. Constitution, which guarantee individual rights.

Separation of Powers

A principle that divides government powers among legislative, executive, and judicial branches to prevent any one branch from becoming too powerful.

Amendment Process

The procedure by which the Constitution may be amended, requiring a two-thirds approval in Congress and ratification by three-fourths of the states.

Federal Powers

Powers specifically granted to the federal government by the Constitution.

State Sovereignty

The concept that states have the authority to govern themselves independently from the federal government.

Policing Power

The inherent power of states to enact laws to protect the health, safety, morals, and general welfare of their inhabitants.

Free Speech

The First Amendment right that protects verbal and written communication from government restrictions.

Implied Powers

Powers not explicitly stated in the Constitution but inferred from the expressed powers.

Political Speech

A form of speech that deals with political issues and receives the highest level of protection under the First Amendment.

Overbreadth Doctrine

A legal principle that holds that laws restricting speech must be narrowly tailored to serve a compelling state interest.

Symbolic Speech

Nonverbal forms of communication that are protected under the First Amendment.