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Lecture:
This chapter focuses on Business and the Constitution. What an important aspect for the business sector! As you read the chapter, I am hoping that you are starting to see and understand how laws affect businesses. It is important for companies to know and understand how these laws affect how they conduct business and interact with employees, vendors, and other stakeholders. The U.S. Constitution forms a basis for our laws at it relates to rights and privileges we enjoy here in America.
Federalism is an important concept. In a nutshell, it is our dual system of government where powers are shared between the state and federal government. If you can recall from civics class, I am sure you remember learning about the three branches of government. This is our legislative branch, executive branch, and judicial branch. So, why three branches? The thought process behind having the powers divided basically serves as a check and balances system under the doctrine of separation of powers. Without such checks and balances, one branch of government can usurp the power of another. That is dangerous! Speaking of powers, let’s discuss the Supremacy clause. In its simplest terms, the supremacy clause basically will not allow state and local laws to conflict with a valid federal law. Federal laws trump state laws on issues. If a court finds that this is occurring, the law will be declared unconstitutional, and thus will be declared invalid and unenforceable.
A large part of business law surrounds commerce. The chapter discusses how the U.S. Constitution grants the federal government power to regulate commerce. The Heart of Atlanta Motel case is a landmark case dealing with interstate commerce (mentioned in your reading on p. 50). This case is unique in that discrimination was effectively struck down because of the interstate commerce clause. The lawyer used in my terms, “creative lawyering” to achieve such a result for justice.
What then does it mean to have police power? Police powers are powers state and local governments have to ensure the protection of their citizens. These laws must be related to the public health, safety, morals, and general welfare of the people. However, the question becomes whose morals? An individual’s? Society?
Which brings me to my next point. We all have individual freedoms as citizens of the United States. Even businesses are deemed an “artificial being” that can enjoy some of these freedoms. Your text goes into detail about the Bill of Rights and other Amendments to the Constitution. Perhaps the most notable of the Amendments to the Constitution are the First Amendment rights. The freedoms of speech, press, religion, etc. are often quoted by individuals inside and outside the courtroom, and on the steps of legislative buildings, for example. Be sure to review all of these freedoms of the First Amendment carefully, as all of these rights affect businesses and how they treat employees, customers, and stakeholders alike.
One of my favorite amendments is the Fourteenth Amendment. This law guarantees equal rights to all people. The government cannot deny any person thereof. One of the keys to understanding how this is implemented is through understanding how the courts will scrutinize certain rights. The strict scrutiny is a test applied by the government if a suspect class is involved in such a race. The intermediate test is applied to a suspect class, such as gender issues. Lastly, the rational basis test is applied when the above two aren’t triggered, and issues such as economic or financial issues are examined, for example.
The final part of this lecture, I will focus on Due Process. You may have heard of this term before. “A defendant may have had his due process rights violated.” So, what does this mean? It means that either procedurally or substantively, the defendant was deprived of his life, liberty, or property without proper notice and an opportunity to defend him or herself. Read page 64 and review each of these concepts.
Discussion Post:
For maximum points on your discussion board assignments, use one or more outside resources to support your positions. In addition, Remember to add citations within your text and provide a reference
section at end of each assignment.
Read Case 2.6 on page 59. Answer the question, “Should corporations have constitutional rights?” Why or why not? Please support your opinion with resources.
CASE 2.6 Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)
FACT SUMMARY In an attempt to regulate big money campaign contributions by corporations and labor unions in federal elections, Congress enacted the Bipartisan Campaign Reform Act in 2002 (commonly referred to as the “McCain-Feingold Act”), which imposed a wide variety of restrictions on “electioneering communications,” including an outright ban on issue advocacy advertising or issue ads paid for by corporations and labor unions. Citizens United, a conservative nonprofit corporation, produced a 90-minute documentary called Hillary: The Movie, which criticized then-Senator Hillary Clinton and questioned her fitness for office. (Figure 2.1 depicts the poster art that Citizens United used to promote its political documentary.) The group planned to show the film on cable TV during the upcoming 2008 Democratic presidential primaries. Before releasing the film, Citizens United brought an action in the U.S. District Court for the District of Columbia against the Federal Election Commission (FEC), the agency in charge of enforcing federal election law. The U.S. district court ruled in favor of the FEC, and Citizens United appealed to the U.S. Supreme Court, arguing that the campaign reform finance law violated the First Amendment on its face and when applied to Hillary: The Movie and to the ads promoting the film.
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