978-0134004006 Chapter 4 Lecture Note Part 2

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Constitutional Law for Business and E-Commerce

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

Chapter 4

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.”

Constitutional Law for Business and E-Commerce

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)

Chapter 4

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

Constitutional Law for Business and E-Commerce