The Constitution And The Constitution And BusinessBusiness

Presented by

Daisy Mae GoSrinivasa ThotakuraParvathi NatarajanSaravanan Velrajan

LAW 529

OverviewOverview

• Basic Concepts

• Regulation and Basic Freedoms

• The Fourteenth Amendment

• Case Scenario

• Conclusion

Basic ConceptsBasic Concepts

• Separation of Powers

• Supremacy Clause

• Contract Clause

• Commerce Clause

Basic Concepts (contd.)Basic Concepts (contd.)

• Separation of Powers– Horizontal division

Legislative, Executive and Judicial– Vertical Division

Federalism or Dual Federalism

• Supremacy Clause– Preemption doctrine

Basic Concepts (contd.)Basic Concepts (contd.)

• Contract Clause– Article I, section 10

• Commerce Clause– Regulation of foreign commerce– Regulation of interstate commerce– Limitation on state police power– Limitation on state taxation

Limitation on State Police PowerLimitation on State Police Power

• Limitation on State Police Power– Exclusively Federal– Exclusively Local– Dual Regulation

• Case Study– South Central BELL Telephone company vs

State of Alabama

Limitation on State TaxationLimitation on State Taxation

• Limitation on State Taxation– Is a primary form of regulation– Apportionment– Nexus

• Case Study – Hunt Wessen Inc vs. FTB California– Unitary and Non Unitary Income

Freedom of the PressFreedom of the Press

• First Amendment – Congress shall make no law abridging the freedom of the press.

• Only private business given such constitutional protection

• Press – not free to print anything without liability

• Defamation + malice = Libel suit

Freedom of SpeechFreedom of Speech

• Freedom of expression– Freedom of information– Rights of public to be informed

• Overbreadth doctrine

• Commercial Speech– Public interest – protects speaker & listener

Due Process of LawDue Process of Law

• Fundamental fairness and decency• Procedural due process

– Procedures established by statute

• Substantive due process– When property or other rights affected by Govt.

• Invoked when procedures of Govt. are questioned in litigation.

• Case Scenario – BMW of North America Inc., vs. Gore.

Equal Protection - DefinitionEqual Protection - Definition

• Means to the end, or goal of equality of opportunity

• Involved in constitutional litigation

• Does not deny the state’s power to treat people differently

Equal Protection – Approaches Equal Protection – Approaches to Challengeto Challenge• Minimum Rationality

– Classification has rational connection to permissible state ends

– Involves Economic Issues or Social Legislation

• Strict Scrutiny– Classification achieves compelling state purpose– Involves suspect class or fundamental constitutional right

• Quasi-Strict Scrutiny– Classification is partially suspect or the rights are not

fundamental– Sex or Gender based classifications

Equal Protection - CasesEqual Protection - Cases

• Apportionment of legislative bodies

• The makeup of juries

• Voting requirements

• Welfare residency requirements

• Rights of aliens

• Use of property taxes as the means of financing public schools

ConclusionConclusion

• Basic Concepts

• Regulation and Basic Freedoms

• The Fourteenth Amendment

• Case Scenario