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What is the mechanism through which the states receive their governmental power from the federal government? a. The Tenth Amendment of the US Constitution. b. Article VI of the US Constitution. c. The Federal States Power-Sharing Act of 1791. d. States do not receive their power from the Federal government.
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Learning Objectives
To appreciate how the structure of the U. S. Constitution provides the framework for our federal government. To understand the importance of the supremacy clause and the contracts clause for business. To recognize the major amendments to the U.S. Constitution. To analyze the basic protections created by the First, Second and Fourteenth Amendments.
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Introduction
The United States Constitution provides the legal framework of our federal government and the authority it has to regulate business activities.
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Separation of Powers
Supremacy Clause
Contract Clause
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Separation of Powers
The success of the constitutional
experiment was founded in the division of powers Checks and balances Federalism separate and distinct roles of levels of government.
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Supremacy Clause
Constitution Supreme of all Laws Federal Law over State Law Preemption State Law may be invalid for Conflicting with Federal Law
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Contract Clause
States cannot pass laws that impact rights and duties under existing contracts Does not apply to federal government May not apply in emergencies
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Not absolute Balance with public policy Removes issues from political process Varies during emergencies
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1st
Amendment
2nd
Amendment
14th
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1st
Freedoms:
Religion Press Speech Assembly
Right To Petition
For Redress
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1st
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st
st
st
2nd
Few Court Opinions 2008 individuals may have handguns in homes for self defense Narrow Opinion
Increased litigation?
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Amendment
14th
Substantive-
Incorporation Doctrine
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Equal Protection
Minimum rationality Strict scrutiny- compelling
state purpose
Quasi-strict scrutiny
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