tailieunhanh - Lecture Business law: The ethical, global, and e-commerce environment (13/e): Chapter 3 - Mallor, Barnes, Bowers, Langvardt

Upon completion of this lesson, the successful participant will be able to: Understand basics of the constitution and principles of federalism; explain importance of certain clauses: supremacy clause, commerce clause, first amendment, due process clauses; discuss important constitutional issues: determining constitutionality, federal preemption, guarantees and limitations. | Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking 1 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Business & The Constitution P A E T R H C 3 "The very idea of the power and the right of the People to establish government presupposes the duty of every Individual to obey the established Government." -- George Washington (Farewell Address, September 19, 1796) Learning Objectives Basics of the Constitution and federalism Relationship between federal and state powers Important legal principles: supremacy, preemption Constitutional guarantees and limitations 3 - Overview of the Constitution Establishes a tripartite government to ensure a separation of powers A system of checks and balances exists in which no one branch may control another 3 - Article I sets forth the legislative | Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking 1 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Business & The Constitution P A E T R H C 3 "The very idea of the power and the right of the People to establish government presupposes the duty of every Individual to obey the established Government." -- George Washington (Farewell Address, September 19, 1796) Learning Objectives Basics of the Constitution and federalism Relationship between federal and state powers Important legal principles: supremacy, preemption Constitutional guarantees and limitations 3 - Overview of the Constitution Establishes a tripartite government to ensure a separation of powers A system of checks and balances exists in which no one branch may control another 3 - Article I sets forth the legislative powers of Senate and Congress Article II gives executive power to execute legislation, command armed forces, make treaties Article III provides judicial power to the Supreme Court and subsidiary courts The Power to Regulate Federal government has exclusive power to administer certain national concerns, such as war and currency Some powers are shared with the states States possess exclusive power to enact laws to protect general welfare, health, and safety 3 - Shared powers include: power to tax, power to spend Supremacy & Preemption The Constitution and statutes enacted by Congress, including treaties, are the supreme law of the land Congress may enact laws on certain issues and preempt state regulation of that issue 3 - The Supremacy Clause is Article VI, Clause 2 Premption Doctrine found in Article I, Section 8 which lists issues on which Congress may pass statutes. Thus, if Congress enacts a law on a certain issue, then Congress “preempts” state regulation of that issue .