Role of Constitutional Law in Business: Commerce Clause & First Amendment, Slides of Commercial Law

Download Role of Constitutional Law in Business: Commerce Clause & First Amendment and more Slides Commercial Law in PDF only on Docsity! Business Law Chapter 4 Constitutional Law Docsity.com Objectives • Define the basic structure of the U. S. government. • State the constitutional clause that gives the federal government the power to regulate commercial activities among the states. Docsity.com Constitutional Powers • Federal Form of Government –States form a union and sovereign power is divided between a central government and the member states. Docsity.com Separation of Powers • Legislative Branch – Makes the laws • Executive Branch – Enforces the laws • Judicial Branch – Interprets the laws • Each branch exercises a check on the actions of the others. Docsity.com Commerce Clause • Article I, Section 8 –The Constitution expressly delegated to the national government the power to regulate interstate commerce. • This clause has had a greater impact on business than any other provision in the Constitution. Docsity.com The Supremacy Clause • Article IV • The Constitution, laws, and treaties of the U. S. are “the supreme Law of the Land” • Federal law prevails over conflicting or concurrent state laws Docsity.com Taxing and Spending Powers • Congress has the power to impose taxes as long as all states are taxed. • Congress has the power to spend revenues collected to promote any objective it deems necessary, so long as it does not violate the Constitution. Docsity.com Bill of Rights • The Constitution’s first ten amendments. • A series of protections for the individual against various types of interference by the federal government. Docsity.com Commercial Speech • Restriction valid if: –Seeks to implement a substantial government interest –Must directly advance that interest –Must go no further than necessary to accomplish its objective Docsity.com Unprotected Speech • Speech that harms the good reputation of another • Defamatory speech • Threatening speech • “Fighting words” • Obscene speech Docsity.com Online Obscenity • Child Online Protection Act of 1998 – crime to communicate material over the Internet that is “harmful to minors” • Children’s Internet Protection Act of 2000 – public schools and libraries required to have filtering software Docsity.com Equal Protection • Fourteenth Amendment –A state may not “deny to any person within its jurisdiction the equal protection of the laws.” Docsity.com Basis for Distinction • Legitimate government interest • Important government objectives • Compelling government interest Docsity.com