BLAW 372H- Ch 2, Business and the Constitution

UNL Bizha

Articles of Confederation

Articles of Confederation

States had authority to govern themselves and national gov had very limited powers

Problems with flow of commerce

State regulatory powers/police powers

Give state gov the right to regulate private activities to promote public order, health, safety etc

Priveleges and immunities clause

Article 4, Section 2 of the constitution: prevents a state from imposing unreasonable burdens on citizens of another state- particularly with regard to means of livelihood or doing business

must have substantial reason to treat a nonresident different than a resident

Full faith and credit clause

applies only to civil matters

the rights established under deeds, wills, contracts, and similar instruments in one state will be honored in other states… protects rights of citizens as they move from state to state

Commerce Clause

Article 1, Section 8

Congress can regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes

basis for the national gov’s extensive regulation of state and even local affairs

What was the impact of Gibbons v. Ogden

Commerce within the states can also be regulated by the national gov as long as the commerce substantially affected commerce involving more than one state

“Dormant” Commerce Clause

states do not have the authority to regulate interstate commerce

Supremacy Clause

when there is a direct conflict between a federal law and a state law, the state law is rendered invalid

What does the Bill of Rights limit?

only the actions and powers of the national government

Fourteenth amendment

“[n]o State shall … deprive any person of life, liberty, or property, without due process of law”

Symbolic Speech

gestures, movements, articles of clothing, other forms of expressive conduct

Criteria for restrictions on commercial speech

1. must seek to implement a substantial gov interest

2. must directly advance that interest

3. must go no further than necessary to accomplish its objective

Unprotected speech

fighting words, defamatory speech, speech that violates criminal laws, obscene speech

Establishment clause

government is prohibited from establishing a state-sponsored religion or passing laws that promote or show preference to a religion

Search Warrants

order from a judge authorizing a search or seizure (not needed for businesses of liquor, guns, or strip mining)… probably cause is necessary

Procedural due process

any gov decision to take life, liberty, or property must be made equitably

Substantive due process

limits what the gov may do in its legislative and executive capacities

Patriot Act

gives gov officials increased authority to monitor internet activities and gain access to personal financial information and student information

Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton’s documents, notes that Carlton’s truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?

The federal statute preempts the state statute under the Supremacy Clause.

Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?

No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?

Yes, it is a violation of procedural due process.

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

rational basis review

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

federalism

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers

A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath.

A state’s attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.