2.1 Chapter 2 Constitutional Law We, the People © 2003 by West Legal Studies in Business/A Division of Thomson Learning

2.2 Basis for Constitutional Powers  Historical perspective  The Constitution contains two parts: Preamble and the Bill of Rights Federalists Anti- Federalists  The Federalists desired a strong central government while Anti- Federalists supported strong states’ rights  Revolutionary War  The original 13 colonies derived power from colonial charters that later became state constitutions  Articles of Confederation

2.3 Powers of Government Enumerated Police Delegated Reserved Exclusive Concurrent Prohibited Takings

2.4 Takings Eminent domain Partial taking Rights of way Land-lines

2.5 Judicial Review  Courts can interpret constitutional law only after controversy arises  Judges try not to make sweeping changes  Strict constructionism  Strict constructionism presumes the legislature is better at addressing societal problems than the courts

2.6 Commerce Clause  Gives Congress power to regulate interstate commerce  Denies the states power to regulate or impede interstate commerce  Regulates foreign commerce  Federal regulation of commerce  Necessary and proper clause

2.7 State Regulation of Commerce  Contract clause  Full faith and credit clause  Privileges and immunities  Taxing and spending power  Intellectual property clause

2.8 Constitutional Rights of Businesses and Individuals First Fourth Fifth Sixth Seventh Eighth Discuss the impact that each of the following amendments has had on business activities: Activity

2.9 Equal Protection of the Laws  Rational basis  Government may regulate areas that are normally and logically the role of government  Strict scrutiny  Tests to invalidate legislation that violates certain fundamental rights  Quasi-strict scrutiny  Applies where rights involved are clearly important but not necessarily fundamental rights

2.10 Due Process of Law  Procedural due process  Incorporates the traditional issues regarding processes of investigation, arrest, detainment, trial, and appeal  Substantive due process  Allows a court to declare a statute unconstitutional if the statute fails to provide due process

2.11 Questions & Discussion