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| words interpreted to give congress the power to enact most of the federal regulation of business |
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| "The Constitution, and the laws of the US.... shall be the supreme law of the land; and the judges in every state shall be bound thereby..." |
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| necessary and proper clause |
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| gives Congress tremendous regulatory power |
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| business that concerns more than one state |
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| State regulatory responsibility |
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Definition
agency law
contract law
corporation law
property
insurance
"police power" laws
tort law |
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| federal regulatory responsibility |
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Definition
aviation regulation
interstate commerce
postal regulation
foreign trade regulation
patents and copyrights |
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Definition
| evidence gathered from a home or business without a warrant was improperly obtained and cannot be used |
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| "no person shall be...compelled in any criminal case to be a witness against himself" |
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| just compensation/takings clause |
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| The Fifth Amendment "...nor shall private property be taken for public use, without just compensation" |
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| indicate that the destruction or property value must be almost complete for compensation to be due |
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violated when the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a compelling state interest
due process is infringed when state action either shocks the conscience or offends judicial notions of fairness and human dignity |
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Definition
| The Fourteenth Amendment "No state shall...deny...the equal protection oft he laws" (governments must treat people equally) |
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