2.1

Chapter 2

Constitutional LawWe, the People

© 2003 by West Legal Studies in Business/A Division of Thomson Learning

2.2

Basis for Constitutional Powers

Historical perspective The Constitution contains two parts:

Preamble and the Bill of Rights The FederalistsFederalists desired a strong central

government while Anti-FederalistsAnti-Federalists supported strong states’ rights

Revolutionary War The original 13 colonies derived power

from colonial charters that later became state constitutions

Articles of ConfederationArticles of Confederation

2.3

Powers of Government

EnumeratedEnumerated PolicePolice

DelegatedDelegatedReservedReserved

ExclusiveExclusive ConcurrentConcurrent

ProhibitedProhibited TakingsTakings

2.4

Takings

Eminent domainEminent domain

Partial takingPartial taking

Rights of wayRights of way

Land-linesLand-lines

2.5

Judicial Review

Courts can interpret constitutional law only after controversy arises

Judges try not to make sweeping changes

Strict constructionismStrict constructionism presumes the legislature is better at addressing societal problems than the courts

2.6

Commerce Clause

Gives Congress power to regulate interstate commerce

Denies the states power to regulate or impede interstate commerce

Regulates foreign commerce Federal regulation of commerce

Necessary and proper clause

2.7

State Regulationof Commerce

Contract clause

Full faith and credit clause

Privileges and immunities

Taxing and spending power

Intellectual property clause

2.8Constitutional Rightsof Businesses and

Individuals

FirstFirst

FourthFourth

FifthFifth

SixthSixth

SeventhSeventh

EighthEighth

Discuss the impact that each of the following amendments has had

on business activities:

ActivityActivity

2.9

Equal Protectionof the Laws

Rational basis Government may regulate areas that

are normally and logically the role of government

Strict scrutiny Tests to invalidate legislation that

violates certain fundamental rights Quasi-strict scrutiny

Applies where rights involved are clearly important but not necessarily fundamental rights

2.10

Due Process of Law

Procedural due process Incorporates the traditional issues

regarding processes of investigation, arrest, detainment, trial, and appeal

Substantive due process Allows a court to declare a statute

unconstitutional if the statute fails to provide due process

2.11

Questions & Discussion