Business Law Chapter 5

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Chapter 5
Constitutional Law

I. The Constitutional Powers of Government 1789
i. A Federal Form of Government- national government and the states share sovereign power ▪ National gov’t has the implied power
▪ All other powers are reserved for states under 10th amend • Regulate affairs with in boarders
▪ Police Powers- regulate private activities to promote the public order, health, safety, morals, and general welfare ii. Relations Among the States
▪ The Privileges and Immunities Clause- Citizens of each state shall be entitled to all Privaileges and Immunities of citizens in several states • Prevents states from imposing unreasonable burdens to people from another state • Must have a good reasons to treat someone differently ▪ The Full Faith and Credit Clause-

• ensures that rights established under deeds, contracts, will be honord by other states • ensured any judicial decision with respect to such property rights will be honored and enforced in all states iii. The Seperation of the National Government’s Power

▪ Checks and Balance- Three branches of government to make sure not one has all the power • Ex) The Legislative Branch (Congress) can enact a law but prez can veto • Ex) Executive Branch responsible for foreign affairs but needs consent of senate iv. The Commerce Clause- permits congress to regulate interstate commerce among states ▪ Can regulate within a state if the commerce substantially affects the commerce of more than one state v. The Supremacy Clause and Federal Preemption

▪ Supremancy Clause- Federal Law’s over rule state laws ▪ Preemption- When a federal statute or regulation will take precedence over a conflicting state or local law vi. Taxing and Spending Powers

▪ –Congress has the power to lay and collect taxes, duties, ▪ requires that all states are taxed the same
▪ gives congress spending power to pay debts and provide defense and common...
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