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Chapter 4 The Constitution as the Foundation of the Legal Environment Twomey, Business Law and the Regulatory Environment (14th Ed.)

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Presentation on theme: "Chapter 4 The Constitution as the Foundation of the Legal Environment Twomey, Business Law and the Regulatory Environment (14th Ed.)"— Presentation transcript:

1 Chapter 4 The Constitution as the Foundation of the Legal Environment Twomey, Business Law and the Regulatory Environment (14th Ed.)

2 Chapter 42 (c) 2000 West Legal Studies Federal Government [4-1] JUDICIAL BRANCH Courts EXECUTIVE BRANCH President ADMINISTRATIVE AGENCIES LEGISLATIVE BRANCH Bicameral Congress Senate House of Representatives

3 Chapter 43 (c) 2000 West Legal Studies Due Process Ex Post Facto Equal Protection of the Law Coin Money Declare War Issue Patents And Copyrights Regulate Commerce Collect Taxes Own/Run Business Borrow & Spend Money Shared Limitations (National and State) Powers Delegated by States to National Government Shared Powers National and State Business-Related Examples of Delegated and Shared Powers and Limitations [4-3]

4 Chapter 44 (c) 2000 West Legal Studies The U.S. Constitution created the structure of our national government and gave it certain powers. It also placed limitations on those powers. It created a federal system with a tripartite division of government and a bicameral national legislature. Chapter 4 Summary

5 Chapter 45 (c) 2000 West Legal Studies The U.S. Constitution is not a detailed document. It takes its meaning from the way it is interpreted. In recent years liberal interpretation has expanded the powers of the federal government. Chapter 4 Summary [2]

6 Chapter 46 (c) 2000 West Legal Studies Some governmental powers are possessed exclusively by the national government, while other powers are shared by both the state and the federal government. In areas of conflict federal law is supreme. Chapter 4 Summary [3]

7 Chapter 47 (c) 2000 West Legal Studies Among the powers of the federal government that directly affect business are the power to regulate commerce; the power to tax and to borrow, spend, and coin money; and the power to own and operate businesses. Among the limitations on government that are most important to business are the requirement of due process and the requirement of equal protection of the law. Chapter 4 Summary [4]

8 Chapter 48 (c) 2000 West Legal Studies The due process requirement stipulates that no person shall be deprived of life, liberty, or property without due process of law. This requirement applies to both the federal government and the state governments but does not apply to private transactions. Chapter 4 Summary [5]

9 Chapter 49 (c) 2000 West Legal Studies The equal protection concept of the U.S. Constitution prohibits both the federal government and the state governments from treating one person differently from another unless there is a legitimate reason for doing so and unless the basis of classification is reasonable. Chapter 4 Summary [6]


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