Chapter 5: Constitutional Foundations for Business Regulation

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CHAPTER 5 CONSTITUTIONAL GROUNDS FOR REGULATING
BUSINESS
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CHAPTER 5 CONSTITUTIONAL GROUNDS FOR REGULATION
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

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INTRODUCTION

• Concept of Federalism
• Purposes of the Federal Constitution
• Creates the Federal Government
• Allocates Powers of Federal and State Governments
• Imposes Limits on the Power of Government

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FEDERAL GOVERNMENT

• Doctrine of Separation of Powers
• Legislative
• Executive
• Judicial
• System of Checks and Balances

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FEDERALISM

• Nature of Federalism
• Distribution of Powers
• FEDERAL Enumerated Powers
• STATE Police Powers
• Concurrent Powers
• Relationships Among the States

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FEDERALISM

• Commerce Clause
• Active Commerce Clause Application
• Dormant Commerce Clause Application
• Supremacy Clause
• Purpose of the Clause
• Doctrine of Preemption

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CONSTITUTIONAL CHECKS ON GOVERNMENT POWER

• Basic Principles Associated with Constitutional
  Limitations
• State Action Requirement
• Constitutional Balancing Tests
• Strict Scrutiny Test
• Rational Basis Test
• Intermediate Scrutiny Test

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CONSTITUTIONAL CHECKS ON GOVERNMENT POWER

• Specific Applications
• Freedom of Speech
• Political Speech
• Commercial Speech
• Takings
• Due Process
• Procedural Due Process
• Substantive Due Process
• Equal Protection

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PRIVACY RIGHTS

• Development of Privacy Rights
• Applications

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CHAPTER 5 CONSTITUTIONAL GROUND FOR REGULATING
BUSINESS