MGMT: Chapter 2

Police powers

state power to effect laws promoting health, safety, and morals

Privilege and Immunities Clause

doesn't allow discrimination against citizens of other states performing basic and essential activities without substantial reasoning.

Full Faith and Credit Clause

Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
(Only to civil matters)

Commerce clause

The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.

Commerce Clause growing in power

Gibbons v. Ogden (Federal can regulate interstate)
Wickard v. Filburn (Farmer was affecting supply and demand by making his own crops)
Heart of Atlanta Motel v. U.S. (Hotel is forced to comply with the passing of the Civil Rights Act)
TODAY
US v. Morrison (Regulated a area that wasn't a enterprise)
Gonzalez v. Raich (Regulated a non-commerce area)

Dormant Commerce Clause

states don't have the authority to regulate interstate commerce, courts must balance the state's interests in the purposes of the regulation against the burden placed on interstate commerce

Supremacy Clause

Constitution is the supreme law of the land

Federal Preemption

When the federal government regulates an entire area of law it excludes state regulation when it is viewed as concurrent.

Taxing power

The power granted to Congress to raise revenue through taxation but it must be uniform through the states.

spending power

Congress's power to spend public revenue to meet broad public objectives. Rarely challenged.

Bill of Rights

Originally only applied to the federal government, though the 14th amendment though was incorporated into most states.
Supreme court is the final interpreter of the constitution.

freedom of speech

Speech, religion, press, assembly, and petition
Also symbolic speech like gestures, clothes, music, dance
(Think about the black armbands during the Vietnam War)

resonable restrictions

Content neutral restrictions are on time, place, and manner
Laws that restrict speech must serve a compelling state or government interests and be as narrow as possible to do so.

coporate political speech

Also is protected under the first amendment

commercial speech

Can be restricted if the speech is lawful and not misleading, the law seeks out in the interests of the government, the law directly advances those interests and goes no farther than necessary to do so.

Unprotected Speech

-Defamation
-Lewd and Obscene speech
-threatening speech

Freedom of Religion

Two rights
Establishment clause: Federal or state regulation can impact religion as long as it does not place a heavy burden on it, 1st amendment also doesn't require a complete separation of church and state.
Free exercise clause: If the law is contrary to a persons belief exemptions are made to accommodate, if religious beliefs are against public policy and welfare however the government can act.

Kennedy v. Bremerton School District

supreme court sided with a public-school football coach who demanded the right to pray with his players after games at the 50-yard-line. The decision significantly erodes the separation of church and state in public schools

search and seizure

To obtain a warrant, the officer must have probable cause to believe the search will lead to something. General warrants aren't allowed particular descriptions of what is being searched are required and search only extends to that.

Exceptions to search warrant requirements

When it comes to businesses, less probable cause is required to get a warrant, and no warrant is required if seizing spoiled or contaminated food, or searching a highly regulated industry like guns or liquor.

self-incrimination

no person shall be compelled in any criminal case to be a witness against himself
*Only applies to sole proprietors and practitioners not corporations or partnerships*

Due Process

Procedural: Method of government action, or how the law is carried out according to the established rules and procedures
Substantive: Focus on the content of government action, also goes with standards of review which says a law/rule passed takes away one of out freedoms.

Strict Scrutiny test

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
Applies when government action involves fundamental rights or "suspect class"

Intermediate Scrutiny Test

The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation.

rational basis test

A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest.
(For social issues and economic matters)

Fundamental Rights

All 1st Amendment Rights
Privacy Rights
Right to Interstate Travel
Right to vote
Marriage and Family

Equal Protection

the equal application of the law regardless of a person's race, religion, political beliefs, or other qualities

Difference between substantive due process and equal protection

Substantive due process applies when the law or government action limits the liberty of all persons to do something, and equal protection applies when the law limits the liberty of some group but not others