25-1 Chapter 4 Constitutional Law for Business and E-Commerce.
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Transcript of 25-1 Chapter 4 Constitutional Law for Business and E-Commerce.
Constitution of the United States of America
Federalism and delegated powers The U.S. form of government is federalism Federal government and state governments share
powers Enumerated powers – delegated to the federal
government by the states Powers not delegated to the federal government by
the Constitution are reserved to the states
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-2
Constitution of the United States of America
Doctrine of separation of powers Article I – Legislative branch Article II – Executive branch Article III – Judicial branch
Checks and balances Built to ensure no one branch of the federal
government becomes too powerful
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Supremacy Clause
Establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land
State and local laws that conflict with valid federal law are unconstitutional
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-4
Supremacy Clause
Preemption Doctrine: The concept that federal law takes precedence over state or local law Congress may expressly provide that federal
statute exclusively regulates an area or activity Federal, state, and local governments can be given
concurrent power
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-5
Case 4.1: U.S. Supreme Court Supremacy Clause
Case Bruesewitz v. Wyeth LLC 131 S.Ct. 1068, 179 L.Ed.2d 1, Web 2011 U.S.
Lexis 1085 (2011) Supreme Court of the United States
Issue Does the preemption provision in the federal
NCVIA bar state law design-defect product liability claims against vaccine manufacturers?
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-6
Commerce Clause
Grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes”
Federal government has the power to regulate three types of commerce Commerce with Native American tribes Foreign commerce Interstate commerce
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Dormant Commerce Clause If the federal government has chosen not to
regulate an area of interstate commerce that it has the power to regulate, the area is subject to the Dormant Commerce Clause
A state can enact laws to regulate that area of commerce
The regulation should not unduly burden interstate commerce
Commerce Clause
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-8
E-Commerce and the Constitution
Electronic commerce (e-commerce) Parties are permitted to obtain website domain
names and conduct business electronically E-commerce can be used for
Sales of goods Licensing of intellectual property Sales of services
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Bill of Rights and Other Amendmentsto the U.S. Constitution
Bill of Rights First ten amendments to the U.S. Constitution Guarantees certain fundamental rights to natural
persons Protects persons from intrusive government action
By federal government By state governments (Incorporation doctrine)
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Freedom of Speech
The right to engage in oral, written, and symbolic speech Fully protected speech Limited protected speech Unprotected speech
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Freedom of Speech
Fully protected speech Cannot be regulated or prohibited by government Can be oral, written, or symbolic
Example – criticizing the President, burning the U.S. flag as protest
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Case 4.2: U.S. Supreme Court Free Speech and Violent Video Games
Case Brown, Governor of California v. Entertainment
Merchants Association 131 S.Ct. 2729, 180 L.Ed.2d 708, Web 2011 U.S.
Lexis 4802 (2011) Supreme Court of the United States
Issue Does the California act that restricts violent video
games violate the First Amendment?
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-13
Freedom of Speech
Limited protected speech: Speech subject to time, place, and manner restrictions
Offensive speech
Commercial speech
Unprotected Speech: Speech not protected by the First Amendment and may be forbidden totally
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-14
Case 4.3: U.S. Supreme Court Free Speech
Case Snyder v. Phelps 131 S.Ct. 1207, 179 L.Ed.2d 172, Web 2011 U.S.
Lexis 1903 (2011) Supreme Court of the United States
Issue Does the Free Speech Clause of the First
Amendment shield church members from tort liability for their funeral picketing speech?
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Freedom of Religion
The Establishment Clause: First Amendment clause prohibiting the government from either establishing a state religion or promoting one religion over another
The Free Exercise Clause: First Amendment clause that prohibits the government from interfering with the free exercise of religion
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Equal Protection
Equal Protection Clause: A clause that provides that a state cannot “deny to any person within its jurisdiction the equal protection of the laws” Laws cannot classify and treat “similarly situated”
persons differently Artificial persons, such as corporations, are also
protected Does not make the classification of individuals
unlawful
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-17
Equal Protection
Standards of review Strict scrutiny test: Applied to classifications
based on: Suspect class (e.g., race) Fundamental rights (e.g., voting)
Intermediate scrutiny test: Applied to classifications based on protected classes (e.g., gender)
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Equal Protection
Rational basis test: Applied to classifications not involving a suspect or protected class Court will uphold government regulation so
long as there is a justifiable reason for it Permits much of the government regulation of
business
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Due Process
Due Process Clause: No person shall be deprived of “life, liberty, or property” without due process of the law Fifth Amendment – federal government action Fourteenth Amendment – state and local
government action The government is not prohibited from taking a
person’s life, liberty, or property
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Due Process
Substantive due process Requires laws to be clear, not overly broad in
scope Tested using a reasonable person’s understanding
of the law Laws failing the test are declared void for
vagueness
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Due Process
Procedural due process Requires the government to give a person proper
notice and hearing before depriving that person of life, liberty, or property
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Privileges and Immunities
Privileges and Immunities Clause Provides that “the Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the several states”
Privileges or Immunities Clause Provides that “no State shall make or enforce any
law that shall abridge the privileges or immunities of the citizens of the United States”
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-23
Privileges and Immunities
The clauses prohibit states from enacting laws that unduly discriminate in favor of their residents
The clauses apply only to citizens They do not protect corporations or aliens
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 4-24