BU315 Ch. 2 - Business and Constitution

Call me Nic Cage the way I got Business with this Constitution or whatever that movie was about

Federal System

System in which a national government coexists with state governments

Preamble

The introductory part of the Constitution that states its broad objectives

Articles

The main provisions of the Constitution that set out the government’s structure, power, and procedures

Amendments

Changes made to the Constitution since its ratification

Legislative Branch

Established under Article I of the Constitution; consists of the House of Representatives and the Senate

Executive Branch

Established under Article II of the Constitution; consists of the president and vice president

Judicial Branch

Established under Article III of the Constitution; consists of the Supreme Court and other federal courts

Bill of Rights

The first 10 amendments to the Constitution that preserve the rights of the people from unlawful acts of government officials, establish and protect freedom of speech and religion, etc.

Enumerated Powers

“Regulation for Bankruptcy” - Those powers that are explicitly granted to the three branches of government in the Constitution

Article I, Section 8

The main provision of the Constitution that enumerates the limited powers of Congress. Gives power to:

1. regulate commerce (Commerce Clause - “Civil RIghts”)

2. tax and the power to spend government funds

3. regulate bankruptcy, patents, and copyrights

Necessary and Proper Clause

The constitutional clause giving Congress the general implied authority to make laws necessary to carry out its other enumerated powers

Executive Order

An order made by the president and that carries the full force of law; issued to enforce or interpret federal statutes and treaties

Presidential Proclamation

a statement issued by the president on a ceremonial occasion or to elaborate an issue of public or foreign policy, either Ceremonial or Substantive

Jurisdiction

The legal authority that a court must have before it can hear a case

Judicial Review

“The right of a court to invalidate unconstitutional laws” - The power of the judiciary to declare a legislative or executive act unconstitutional

Separation of Powers

The system of checks and balances created by the Constitution whereby the three branches have unique powers that allow them to resolve conflicts among themselves, thus ensuring no one branch exceeds its constitutional authority

Rational Basis

“Law’s legitimate objective” - The lowest level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that the law has a reasonable connection to achieving a legitimate and constitutional objective

Intermediate-level Scrutiny

The middle level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that a regulation involves an important government objective that is furthered by substantially related means

Strict Scrutiny

The most stringent standard of scrutiny applied by courts deciding constitutional issues through judicial review when the government action is related to a fundamental right or is based on a suspect classification; upheld if the government shows a compelling need that justifies the law being enacted and no less-restrictive alternatives exist

Supremeacy Clause

“Preemption” - The constitutional clause that makes clear that federal law is always supreme to any state law that is in direct conflict

Preemption

“Supremacy” - The concept that primary sources of law are applied consistent with a hierarchy and that a law higher in the hierarchy will overrule and make void a conflicting law lower in the hierarchy. Federal law preempts conflicting state law

Fourth Amendment

Protects individual citizens’ rights to be secure in their “persons, houses, papers, and effects.”

Probable Cause

A reasonable amount of suspicion supported by circumstances sufficiently strong to justify a belief that a person has committed a crime

Due Process Clause

The constitutional clause protecting individuals from being deprived of “life, liberty, or property” without due process of law

Due process of law

The constitutional principle that the government must respect the legal rights that are owed to a person according to the law

Subpoena

A notice to someone who is required to 1) appear in person for a legal matter, or 2) provide documents or other evidence, or 3) both