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BUSA Test 2 handout 2
handout 2
34
Business
07/13/2009

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Cards

Term
Preemption
Definition
when congress chosses to act exclusively in an area where federal and state governements share power, state law will fall to federal law.
Term
commerce clause (Article 1, Section 8)
Definition
Permits congress to regulate commerce with foreign nations and among the states. (interstate commerce) thisis the reason why the federal govt can regulate business
Term
regulatory power of states (under commerce clause)
Definition
states have police powers. states can regulate private activities to protect or promote public order, health and safety. if a state law interferes with interstate commerce, courts will weigh the states police power rights versus the effect of the law on commerce.
Term
taxing and spending powers
Definition
congress has the power to levy and collect taxes and duties.
Term
Section 8
Definition
all taxes and duties shall be uniform throughout the united states.
Term
Article 1, Section 8
Definition
The federal govt has the power to pay debts and provide for the common defense and general welfare of the united states
Term
The Bill of Rights
Definition
protects from the governments not other provate individuals or entities. protects people and corporations/businesses from actions.
Term
Establishment Clause (1st amend)
Definition
congress shall make no law respecting an establishment of religion
Term
Free Exersise Clause (1st amend)
Definition
or prohibiting the free exercise thereof
Term
Protest and Dissent (1st amendment)
Definition
congress shall make no law abridgeing the right of the people peaceably to assemble and to petition the govt or a redress of grievances.
Term
Defamatory Speech
Definition
statesments of false facts that injure another
Term
Criminal Speech
Definition
threatening, conspiracy, endangering others
Term
Fighting Words
Definition
words likely to incite others to riot or respond violently
Term
Obscenity
Definition
depends upon community standards
Term
2nd Amendment
Definition
A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Term
3rd Amendment
Definition
Prohibits quarting of soldiers
Term
4th Amendment
Definition
the right of the people to be secure in their persons, houses, papers and effects, against unreasonable search and seizure, shall not be violated. no warrents shall issued but upon probable cause, supported by oath affirmation. Warrants shall particularly describe the place to be searched and the persons or things to be seized.
Term
Exceptions to the 4th amendment
Definition
a) consent. b) Plain view. c)hot pursuit. d) protective sweep. e) inventory. f) public safety. g) terry stop. h) border search
Term
5th amendment
Definition
a)indictment by grand jury being tried for a felony. b) prohibition against double jeopardy: cannot be convicted and or punished twice for the same crime. c)prohibition against self incriminiation d) no person shall be deprived of life liberty or property without due process of law. e) nor shall private property be taken for public use, without just compensation.
Term
6th amendment
Definition
right to speedy trial and public trial- right to impartial jury - right to be tried where crime committed - right to be informed of charges against you - right to confront witnesses against you - right to subpoena witnesses for you - right to assistance of council
Term
7th amendment
Definition
right to a jury trial in civl cases over $20.00 - no fact tried by a jury shall be reexamined in any court of the US
Term
Eighth Amendment
Definition
No excessive bail or fines shall be imposed. - no cruel and unusual punishment shall be inflicked.
Term
9th Amendment
Definition
the enumeration in the constitution or certain rights shall not be construed to deny or disparage others retained by the people. (natural rights amendment)
Term
10th amendment
Definition
The powers not delegated to the US in the consitution nor prohibited by it to the states are reserved to the states respectively or to the people. (states rights amendment)
Term
Incorporation of the Bill of Rights to the states
Definition
bill of rights protections were only from the federal gov't actions
Term
14th Amendment
Definition
extended protects of the bill of rights to state govt actions
Term
Privileges and Immunities clause
Definition
states may not treat citizzens of other states differently without substantial reasons that are substantially related to the purpose of the rule.
Term
Full Faith and Credit Clause
Definition
all states are to give full faith and credit to the public acts, records, and judicial proceeding of other states.
Term
Due Process
Definition
no person shall be deprived of life, liber, or property due process of law
Term
Procedural Due Process
Definition
Govt decisions to do this must be done fairly. procedural safeguards must be in place. - prior notice.- opportunity to be heard.- by a fair and impartial decision maker.
Term
Substantive Due Process
Definition
focuses on content/substance of legislation. a) fundamental right effected: govt must show a "compelling state interest" b) all other cases: govt only need show that the law is "rationally related" to any "legitimate govt purpose" most buiness regulations fall under.
Term
Equal Protection
Definition
Prohibits state and federal government from denying "any person within its jurisdictions the equal protection of the law" must treat similarly situated people similarly. no descrimination.
Term
Equal Protection Substantive Due Process
Definition
Violated if a law prohibits all citizens from doing an act.
Term
Equal Protection
Definition
Violated if law only prohibits a class of citizens from doing an act.