State regulatory powers in their sovereinty.

Granted by the 10th Admendment: reserves all powers not delegated to the national government to the states or to the people.

Article IV, Section 2 of the Constitution:

Prevents a state from imposing unreasonable burdens on citizens of another state - particularly with regard to means of livelihood or doing business - unless there exists substantial reason for treating nonresidents differently. Prevents states from discriminating against their own citizens. 

Article IV, Section 1 of the Constitution

Ensures that rights established under deeds, wills, contracts, and similar instruments in one state will be honored by other states; Judicial decisions will be enforced accross states lines.

-Has had a greater impact on business than any other provision in the Constitution.

Permits Congress to regulate interstate commerce (trade between the states). The case Gibbons v. Ogden was a landmark case in wich the Supreme Court ruled that commerce with the states (intrastate) if it substancially affected commerce invovlving more than one state.

The negative aspect that because of the commerce clause, states do not have the authority to regulate interstate commerce.

In Situations in which state regulations impinge on interstate commerce, the courts weighs the state's interest in regulating a certain matter agains the burden that the state's regulatino places on interstate commerce.

Article IV of the Contstitution:

Provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land."

When a federal law conflicts with a state law, the state's law is rendered invalid.

True or False:

The Taxing Power requires congress to tax states uniformily; they may not tax some states and exempt others.

Symbolic Speech, such as the burning of an American Flag, recieves how much protection from the government?

a. none

b. little

c. significant

d. total

Answer: C. Significant

-Courts will often restrict free speech

-Schools may restrict students free speech rights at school events.

1) Speech that violates criminal laws (threateningn speech and pornography)

2) "fighting words" - likely to incite others to respond violently

3) Defamation: speech that harms the good reputation of another (by an assertion of fact, not opinion)

The Establishment Clause

- Prohibits gov. from promoting or favoring a 'state-sponsored' religious.

-Some laws, such as not allowing the sunday sale of alcohol, remain constitutional b/c while it allows Christians to attend religious services, more importantly it is a legitimate fucntion of governement to provide a day of rest to promote the health and welfare of workers.

Gaurantees that no person can be complelled to do something that is contrary to his or her religious beliefs.

-Gov. can however compel its citizens to do something (such as get a vaccine) as long as it is in the interest of public welfare.

The 4th (Fourth) Admendment

 A warrent is normally not requreid for:

-the seizure of spoiled or contaminated food

-searches of businesses in such highly regulated industries, such as liquor and guns.

True or False:

The 4th Admendment prohibits general warrents.

True.

A particular discription of whatever is to be searched or seized is required to obtain a warrent through probably cause.

True or False:

Corporations and partnerships receive Fifth Admendment proctection from self-incrimination.

False - Corporations and partnerships DO NOT receive protection from self-incrimination.

**Sole proprietores however cannot be compelled to produce their business records.