Chapter 2. BUSI Law Business and the Constitution

Articles of Confederation

States had the authority to govern themselves, while the national government had limited powers.

Federal Form of Government

Power is divided between the central government and state governments.

Federal Powers

Powers given to the federal government, while other powers are reserved for the states.

Sovereignty

A state's independent authority over its geographic area.

Police Powers

State powers to protect public health, safety, morals, order, and general welfare.

Privileges and Immunities Clause

Prevents a state from treating citizens of another state as aliens.

Legal Protection

A privilege protected under the Privileges and Immunities Clause.

Access to Courts

A privilege protected under the Privileges and Immunities Clause.

Travel Rights

A privilege protected under the Privileges and Immunities Clause.

Property Rights

A privilege protected under the Privileges and Immunities Clause.

Full Faith and Credit Clause

States must recognize and honor the legal rights, records, and court decisions of other states.

Legislative Branch

Makes the laws.

Executive Branch

Enforces the laws.

Judicial Branch

Interprets the laws.

Separation of Powers

Each branch performs a separate function and cannot exercise another branch's authority.

Checks and Balances

Each branch checks the powers of the other branches.

Commerce Clause

Gives Congress the power to regulate interstate commerce.

Interstate Commerce

Commerce between states.

Intrastate Commerce

Commerce within one state.

Dormant Commerce Clause

Limits states from unfairly interfering with interstate commerce.

Supremacy Clause

Makes the Constitution, federal laws, and treaties the supreme law of the land.

Preemption

A higher level of government overrides the laws or authority of a lower level of government.

Congressional Intent

What Congress meant or intended when it passed a law.

Taxing Power

Congress's power to create and collect taxes.

Spending Power

Congress's power to spend money for general welfare and national defense.

Bill of Rights

The first ten amendments to the U.S. Constitution.

First Amendment

Protects religion, speech, press, assembly, and petition.

Second Amendment

Protects the right to keep and bear arms.

Third Amendment

Prohibits lodging soldiers in a home without the owner's consent during peacetime.

Fourth Amendment

Protects against unreasonable searches and seizures.

Fifth Amendment

Protects due process, grand jury indictment, fair payment for property taken, and against self-incrimination and double jeopardy.

Sixth Amendment

Gives criminal defendants the right to a speedy public trial, impartial jury, counsel, and to cross-examine witnesses.

Seventh Amendment

Gives the right to a jury trial in civil cases involving at least $20.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Ninth Amendment

Establishes that people have rights beyond those listed in the Constitution.

Tenth Amendment

Powers not given to the federal government are reserved to the states and the people.

Fourteenth Amendment

Protects due process and equal protection under the law.

Symbolic Speech

Nonverbal actions, symbols, or conduct that express an idea or opinion.

Reasonable Restrictions

Government limits on speech that protect public safety or other important interests.

Content-Neutral Restrictions

Rules regulating when, where, or how people speak rather than what they say.

Content-Based Restrictions

Laws restricting speech because of what the speaker is saying.

Compelling Government Interest

A very strong government reason for restricting a fundamental right.

Corporate Political Speech

Political speech by corporations that receives First Amendment protection.

Commercial Speech

Business speech used for advertising and marketing.

Fighting Words

Words likely to provoke someone into responding violently.

Defamatory Speech

False statements that harm another person's reputation.

Threatening Speech

Speech communicating a serious threat of unlawful violence.

Obscene Speech

Certain extremely offensive sexual material that is not protected.

Filtering Software

Programs that block access to certain websites or content.

Meta Tag

A word or phrase in website keywords used to help a site appear in search results.

Establishment Clause

Prevents the government from establishing or favoring a religion.

Free Exercise Clause

Protects the right to practice any religion or no religion.

Search Warrant

An order authorizing law enforcement to search specific property or premises.

Probable Cause

Reasonable grounds to believe a search should occur or a person should be arrested.

Due Process Clause

Guarantees that no person is deprived of life, liberty, or property without due process of law.

Procedural Due Process

Requires fair procedures, including notice and an opportunity to be heard.

Substantive Due Process

Limits what the government can do when creating laws or policies.

Equal Protection Clause

Requires states to treat people in similar situations equally under the law.

Strict Scrutiny

Test used for laws affecting fundamental rights; must be necessary to achieve a compelling interest.

Intermediate Scrutiny

Test usually used for gender or legitimacy discrimination; law must be substantially related to an important government objective.

Rational Basis Test

Test used for most economic or social laws; law must be reasonably related to a legitimate government purpose.

Freedom of Information Act (1966)

Gives individuals access to information about them collected in government files.

Privacy Act (1974)

Protects privacy of individuals whose information is held by the federal government.

Electronic Communications Privacy Act (1986)

Prohibits interception of information communicated electronically.

HIPAA (1996)

Protects patients' medical information and regulates its use and disclosure.

Gramm-Leach-Bliley Act (1999)

Limits disclosure of consumers' nonpublic personal information to unaffiliated third parties.

Patriot Act

Gives government officials increased authority to monitor internet activity and access certain personal information.