I. The Constitutional Powers of Government 1789
i. A Federal Form of Government- national government and the states share sovereign power ▪ National gov’t has the implied power
▪ All other powers are reserved for states under 10th amend • Regulate affairs with in boarders
▪ Police Powers- regulate private activities to promote the public order, health, safety, morals, and general welfare
ii. Relations Among the States
▪ The Privileges and Immunities Clause- Citizens of each state shall be entitled to all Privaileges and Immunities of citizens in several states • Prevents states from imposing unreasonable burdens to people from another state • Must have a good reasons to treat someone differently ▪ The Full Faith and Credit Clause-
• ensures that rights established under deeds, contracts, will be honord by other states • ensured any judicial decision with respect to such property rights will be honored and enforced in all states iii. The Seperation of the National Government’s Power
▪ Checks and Balance- Three branches of government to make sure not one has all the power • Ex) The Legislative Branch (Congress) can enact a law but prez can veto • Ex) Executive Branch responsible for foreign affairs but needs consent of senate iv. The Commerce Clause- permits congress to regulate interstate commerce among states ▪ Can regulate within a state if the commerce substantially affects the commerce of more than one state v. The Supremacy Clause and Federal Preemption
The Essay on Should Government Regulate Victimless Crimes
Throughout history, there have been moral rules, enforced, which have been instituted by society as a whole due to the nature of their ethical shortcomings. These crimes against morale have often been called victimless, vice, or even consensual crimes. These offenses can hardly be considered crimes. A crime is defined as being an offense to one who is harmed by or made to suffer from an act, ...
▪ Supremancy Clause- Federal Law’s over rule state laws ▪ Preemption- When a federal statute or regulation will take precedence over a conflicting state or local law vi. Taxing and Spending Powers
▪ –Congress has the power to lay and collect taxes, duties, ▪ requires that all states are taxed the same
▪ gives congress spending power to pay debts and provide defense and common welfare of the country II. Business and The Bill of Rights
i. Bill of Rights- 1791 series of protections for the individual against various types of interference by the federal government ii. Limits of Federal and State Governmental Actions
▪ 14th amendment- both feral and state laws can not interfere with a persons life, liberty, or property without the dues process law iii. Freedom of Speech
▪ Symbolic speech- includes gestures, movements, articles of clothing are all protected by the freedom of speech ▪ Reasonable Restrictions-
• Oral, written, or symbolized conduct are subject to restrictions ▪ Corporate Political Speech
• Protects companies so they can make contributions to political campaigns ▪ Commercial Speech-advertising and marketing made by businesses that involve only their commercial interests • Must seek to implement a government interest
• Directly advance that interest
• Must go no further than necessary to accomplish its objective ▪ Unprotected Speech
• Threatening speech, pornography, fighting words (likely to incite others to respond violently) • Can not harm the reputation of another (must be an assertion of fact and not just opinion) • Obscene Speech test
o Average person finds it violates community standards
o Appeals to an interest in sex
o Offensive sexual conduct
o Lacks literary artistic political or scientific merit
• Online Obscenity
o Filtering Software
o Meta Tags
iv. Freedom of Religion
▪ Gov’t may neither establish any religion nor prohibit the free exercise of religious practices ▪ The Establishment Clause- prohibits the gov’t from establishing a state sponsored religion, or pass laws that promote or aid religion or show preference for one religion over another ▪ Free Exercise Clause- you can hold any religious beliefs that you want v. Searches and Seizures 4th amendment
The Essay on Lowering Interest Government Policies Environment
Describe The Roles of Government In The Present Business Environment In the present business environment governments have the power to change and make laws, having a major role and influence on the business environment. There are three levels of government; federal, state and local. The federal government has power over such areas as; company law, income tax, trade etc. State government has power ...
▪ Search Warrant- before searching or seizing private property ▪ Must convince judge that they have reasonable grounds, or probable cause • Probable cause- officers must have trust worthy trustworthy evidence • A warrant must describe what is being searched or seized vi. Self Incrimination 5th amendment
▪ No person shall be compelled in any criminal case to be a witness for them self ▪ An accused person cannot be forced to give testimony that might subject them to any criminal prosecution III. Due Process and Equal Protection
i. Due Process
▪ Procedural Due Process- requires that any gov’t decision to take life, liberty, or property must be made equitably, must give opportunity for proper notice and to be heard ii. Substantive Due Process
▪ Protects an individuals life, liberty, or property against certain government actions regardless of the fairness of the procedures used to implement them ▪ State must have a legitimate and compelling interest to justify an action to limit a fundamental right (travel, privacy, voting, marriage, all first amendment rights) iii. Equal Protection
▪ Gov’t can not enact laws that treat similarly situated individuals differently ▪ Strict Scrutiny
• When a law of action prohibits or inhabits some persons from exercising a fundamental right, the • Must promote a compelling state interest
• If its based on suspect trait, must be necessary to promote a compelling government interest ▪ Intermediate Scrutiny
• Applied to cases involving discrimination based on gender or legitimacy • Substantially related to important government objectives • Statues of limitations- limiting the time someone can bring up a case ▪ Rational Basis Test
• In matters of economic or social welfare, a classification will be considered valid if there is any conceivable rational basis to support a government interest (food carts blocking streets) IV. Privacy Rights
The Term Paper on Australian Information Mangement Ethics And Law
In the new electronic age, we are relying more and more on information technology to streamline government, educate our children, make health care more accessible and affordable, and make our businesses more productive and competitive. This rush to embrace a new age of technology must not, however, obscure the ongoing responsibility to protect important information and maintain the personal ...
i. Federal Statutes Affecting Privacy Rights
▪ Freedom of Information Act- allows people to obtain files of their information from the government ▪ Pretexting
• Pretext- a false motive put forth to hide the real motive, and pretexting is the process of obtaining information by false means (saying your doing a survey and then take peoples info for other things) • Gramm-Leach-Bliley Act- makes pretexting illegal
▪ Medical Information
▪ USA Patriot Act
• Allows government to monitor email, phone calls, internet and does not need to provide proof of wrong doing
