ACCT 315

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ACCT 315
2010-11-14 10:33:57
business bill rights

Chapter 2: Constitutional Law
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  1. Seperation of Powers between:
    • Executive
    • Legislative
    • Judicial

    provides checks and balances
  2. What the Legislative Power does
    enacts laws
  3. what the Executive Branch does:
    Enforces Laws
  4. what the Judicial branch does:
    declares laws/actions unconstitutional
  5. The federal constitution was a political compromise between:
    advocates of state sovereignty and central government
  6. The commerce clause in the U.S. Constitution gives congress the power to:
    regulate commerce with foreign nations, and among the several states and with the indian tribes
  7. which provision has the greatest impact on bsiness than any other constitutional provision
    the commerce clause
  8. Why does the federal government theoretically have unlimited control over all business transactions?
    because any enterprise in the aggregate can have a "substantia effect" on interstate commerce
  9. which amendment reserves all powers to the states that have not been expressly delegated to the national government?
    Tenth Amendment
  10. State police powers include the right to:
    • regulate health
    • safety
    • morals
    • general welfare
  11. state powers also include:
    • licensing
    • building codes
    • parking regulations
    • zoning restrictions
  12. Commerce clause gives national government ________ power to regulate
  13. States have a _________ power to regulate interstate commerce
  14. when do dormant powers come into play?
    when courts balance states interest vs natinoal interest

    e.g., internet transactions
  15. Supremacy Clause is which article in the constitution?
    Article VI
  16. Supremacy Clause provides that constitution, laws and treaties of the U.S. are the ____ ____ _ ___ ____
    supreme law of the land
  17. In supremacy clause, concurrent laws mean?
    both states and federal government share powers
  18. Preemption in the supremacy clause
    when congress chooses to act in a concurrent area, federal law preempts state law
  19. Bill of Rights (1791)
    ten written guarantees of protection of individual liberties from government interference
  20. originally the bill of rights applied only to the _________ government

    later Bill of Rights was incorporated and applied to states as well
  21. First Amendment
    Freedom of Speech

    • -basis for our democratic government
    • -includes:

    • -symbolic speech
    • -gestures
    • -movements
    • -clothing
  22. Schools can or cannot restrict students right to speech

    • morse v. frederick, 2007
    • bonghits4jesus
  23. government restrictions to protect commercial speech (advertising)
    • seek to implement substantial government interest
    • directly advance that interest
    • must go no further than necessary to accomplish
  24. certain speech that is NOT protected
    • defamatory speech
    • threatening speech that violates criminal laws
    • fighting words
    • obscene speech
  25. what is obscene speech
    patently offensive, vioates community standards and has no literary artistic, politiccal or scientific merit
  26. what guarantees that "congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
    First Amendment: Freedom of Religion
  27. Establishent clause
    no state sponsored religion or preference for one religion over another
  28. Free Exercise
    person can believe what he wants, but actions may be unconstitutional
  29. Fourth amendment protects the right to __________ from government intrusion into their personal lives
    be secure
  30. Generally, government must have a _________ based on ________ to search someones private place
    • search warrant
    • probable cause
  31. is a warrant generally necessary to search businesses to ensure compliance with federal and state regulations
  32. no warrant is necessary to seize contaminated _______, or search businesses that are _____ _______ industries
    • foods
    • regulated industries
  33. Due Process is both ______ and _______
    • procedural
    • substantive
  34. procedural:
    any government decision to take life, liberty or property must be fair.

    requires: notice and fair hearing
  35. Substantive
    focuses on the content or the legislation (the right itself)
  36. requires compelling state interest
    fundamental right
  37. rational relationship to state interest
  38. 14th Amendment: Equal Protection
    a state may not "deny to any person within its jurisdiction the equal protection of the laws"
  39. what freedoms are guaranteed by the First Amendment?
    the first amendment guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government
  40. The Second Amendment guarantees?
    the second amendment concerns a well-regulated militia and the right of theh people to keep and bear arms
  41. the third amendment grants?
    the third amendment prohibits, in peacetime, the lodging of soldiers in any house without the owner's consent
  42. the fourth amendment:
    prohibits unreasonable searches and seizures of persons or property
  43. the fifth amendment guarantees:
    the right to indictment by grand jury, to due process of law, and to fair paymet when private property is taken for public use. it also prohibits compulsory self incrimination and double jeopardy
  44. the sixth amendment guarantees:
    the accused in a criminal case ther ight to a speedy and public trial by an impartial jury and with cousel. the accused has the right to cross-examine witnesses against him or her and to solicit testimony from witnesses in his or her favor
  45. the seventh amendment guarantees:
    the right to a trial by jury in a civil case involving at least twenty dollars
  46. the eighth amendment:
    prohibits excessive bail and fines, as well as cruel and unusual punishment
  47. the ninth amendment:
    establishes that the people have rights in addition to those specified in the costitution
  48. the tenth amendment:
    establishes that those powers neither delegated to the federal government nor denied to the states are reserved for the states