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BUS Law Chap. 4

The Constitution as the Foundation of the Legal Environment

QuestionAnswer
What is the legislative branch responsible for? For making the country's laws
What does the judicial branch do? Interprets the laws made by the legislative branch and enforced by the executive branch
What does the excutive branch do? Responsible for executing the laws
The states possess the power to adopt laws to protect the general welfare, health, safety, and morals of the people is called Police Power
Ex post facto laws Criminalizes an act that was pervious deemed legal
What happens when there is a conflict between state and federal statues? Federal law trumps state law
The federal government possesses powers: Necessary to administer matters of national concern
What is the the living document view? The interpretation of the Constitution should reflect an evolving society.
What amendments is the due process law? 5th and 14th Amendments
Due Process Guarantees an individual the protection against the loss of property or rights without the chance to be heard
What are the federal powers? The taxing power and the spending power
Taxing power Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States
Spending power The federal government may use tax money and borrowed money to pay the debts and provide for the common defense and general welfare of the United States
What is the purpose of constitutions limitations on the government? To afford protections of rights for both persons and businesses
Privileges and immunities clause A person going into another state is entitled to make contracts, own property, and engage in business to the same extent as the citizens of that state
Created by: EAS
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