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Constitutional Law for Business and E-Commerce
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There are three different standards that have been established by the U.S. Supreme Court: the
strict scrutiny test, the intermediate scrutiny test, and the rational basis test. The first restricts the
Due Process Clauses
Case 4.6 Equality and Equal Protection Clause: United States v. Windsor
133 S.Ct. 2675 (2013), Supreme Court of the United States
Facts: The Defense of Marriage Act (“DOMA”) was a U.S. federal statutory law, which defined
the term “marriage” to be a union between a man and a woman.
Issue: Was DOMA unconstitutional?
public policy behind homosexual marriage.
Case 4.7 Equal Protection Clause: Schuette, Attorney General of Michigan v. Coalition to
Defend Affirmative Action
134 S.Ct. 1623, 2014 U.S. Lexis 2932 (2014), Supreme Court of the United States
Facts: The state supported university system used race-based preference for minority applicants
obtains preference.
Ethics Questions: In a society with resources that are not infinite, a policy, which benefits one
race, may inherently serve as a detriment to another race of persons. Proponents of affirmative
action believe that the goal of achieving a diverse society benefits all races, particularly in an
educational setting.
Privileges and Immunities Clauses
residents.
International Law: Human Rights Violations in Myanmar
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been run by the military since 1962.
V. Key Terms and Concepts
Amendments to the U.S. Constitution—The U.S. Constitution provides that it may be
amended. Currently, there are twenty-seven amendments to the U.S. Constitution.
government.
Articles of Confederation—The Articles adopted by the Continental Congress gave
limited power to the newly created federal government.
Citizenship—Any government activity or regulation that classifies persons based on a
suspect class (e.g., race, national origin, and citizenship) or involves fundamental rights
(e.g., voting) is reviewed for lawfulness using a strict scrutiny test.
time, place, and manner restrictions.
Constitutional Convention—The Constitutional Convention was convened in
Philadelphia in May 1787, to strengthen the federal government.
Declaration of Independence—The Declaration of Independence was the document that
declared the American colonies’ independence from England.
Dormant Commerce Clause—A situation in which the federal government has the
that area of commerce.
Due Process Clause—A clause that provides that no person shall be deprived of “life,
Electoral College—The President is not elected by popular vote but instead is selected by
electronic commerce or e-commerce.
Enumerated powers—Certain powers delegated to the federal government by the states.
Equal Protection Clause—A clause that provides that a state cannot “deny to any person
within its jurisdiction the equal protection of the laws.”
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and adopted the Articles of Confederation.
Federalism—The United States’ form of government; the federal government and the 50
state governments share powers.
First Amendment—Fundamental rights guaranteed in the First Amendment; they include
freedom of speech, freedom to assemble, freedom of the press, and freedom of religion.
Foreign Commerce Clause—Commerce with foreign nations. The Commerce Clause
Amendment. The First Amendment contains two separate religion clauses, the
Establishment Clause and the Free Exercise Clause.
Freedom of speech—The right to engage in oral, written, and symbolic speech protected
by the First Amendment.
Fully protected speech—Speech that cannot be prohibited or regulated by the
government.
held that most of the fundamental guarantees contained in the Bill of Rights are
applicable to state and local government action.
Indian Gaming Regulatory Act—Congress passed the Indian Gaming Regulatory Act, a
federal statute that establishes the requirements for conducting casino gambling and other
gaming activities on tribal land.
between states.
Intrastate commerce—The states did not delegate all power to regulate business to the
federal government. They retained the power to regulate intrastate commerce and much
of the interstate commerce that occurs within their borders.
Judicial branch—The part of the U.S. government that interprets the law. It consists of
the Supreme Court and other federal courts.
standards, would find that the work, taken as a whole, appeals to the prurient interest, (2)
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literary, artistic, political, or scientific value.
National origin— Any government activity or regulation that classifies persons based on
Obscene speech—Speech that (1) appeals to the prurient interest, (2) depicts sexual
time, place, and manner restrictions.
Police power—Power that permits states and local governments to enact laws to protect
Privileges and Immunities Clause—A clause that prohibits states from enacting laws that
unduly discriminate in favor of their residents.
life, liberty, or property.
Race—A term that refers to which of the following categories a person is classified as
being a member of: Asian, African American, Caucasian, Native American, and Pacific
Islander.
Rational basis test—Test that is applied to classifications not involving a suspect or
protected class.
Constitution and federal treaties, laws, and regulations are the supreme law of the land.
Unduly burden interstate commerce—A concept that says states may enact laws that
protect or promote the public health, safety, morals, and general welfare, as long as the
laws do not unduly burden interstate commerce.
Unprotected speech—Speech that is not protected by the First Amendment and may be
forbidden by the government.
by the states in 1788.
U.S. House of Representatives— The legislative branch consists of the U.S. Senate and
the U.S. House of Representatives. The number of representatives in the U.S. House of
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