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CHAPTER 5:CONSTITUTIONAL GROUNDS FOR REGULATING BUSINESS
Learning Objectives:• Review the Federal Form of Government• Consider the Nature of Federalism
Commerce Clause Supremacy Clause and Preemption
Checks on the Power of Government Privacy Rights
Chapter 5 2
CHAPTER 5: CONSTITUTIONAL GROUNDS FOR REGULATION BUSINESS
• Concept of Federalism
• Purposes of the Federal Constitution:1. Creates the Federal Government
2. Allocates Powers of Federal and State Governments
3. Imposes Limits on the Power of Government
Chapter 5 3
INTRODUCTION
• Doctrine of Separation of Powers:1. Legislative
2. Executive
3. Judicial
• System of Checks and Balances
Chapter 5 4
FEDERAL GOVERNMENT
1. Nature of Federalism
2. Distribution of Powers –– FEDERAL Enumerated Powers– STATE Police Powers– Concurrent Powers– Relationships Among the States
Chapter 5 5
FEDERALISM
3. Commerce Clause– “Active” Commerce Clause
Application– “Dormant” Commerce Clause
Application
4. Supremacy Clause– Purpose of the Clause– Doctrine of Preemption
Chapter 5 6
FEDERALISM
1. Basic Principles Associated with Constitutional Limitations
– “State Action” Requirement– Constitutional Balancing Tests:
• Strict Scrutiny Test• Rational Basis Test• Intermediate Scrutiny Test
Chapter 5 7
CONSTITUTIONAL CHECKS ON GOVERNMENT POWER
2. Specific Applications:– Freedom of Speech:
• Political Speech• Commercial Speech
– Takings– Due Process:
• Procedural Due Process• Substantive Due Process
– Equal ProtectionChapter 5 8
CONSTITUTIONAL CHECKS ON GOVERNMENT POWER
• Development of Privacy Rights
• Applications
Chapter 5 9
PRIVACY RIGHTS
CHAPTER 5: CONSTITUTIONAL GROUND FOR REGULATING BUSINESS