Business Law

1268 Words Mar 28th, 2012 6 Pages
Chapter 3

Separation of Powers- giving distinct powers to Congress, the president, and the federal courts.

Federal supremacy- cause federal statues to preempt inconsistent state law. Federal law is supreme to state law.

Federalism- structures power relations between the federal government and the states.

Judicial review-Courts declare the actions of other government bodies unconstitutional.

Police power-broad state power to regulate for the public health, safety, morals, and welfare.

Enumerated powers- (USC limits government regulatory powers in two ways). Restricts federal legislative authority by listing the powers that congress can exercise. Second, USC limits both state and federal power by placing certain
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Measures discriminating woman have almost always been struck down.
Illegitimacy-classification based on ones illegitimate birth receive a form of intermediate scrutiny that probably is less strict than the scrutiny given gender based classification.
Reasons for federal preemption of state law

There is a literal conflict between the state and the federal measures, so that it is impossible to follow both simultaneously.

The federal law specifically states that is will preempt state regulation in certain areas.

The federal regulation is pervasive. If congress has occupied the field by regulating a subject in great breadth and/or in considerable detail, such action by Congress may suggest an intent to displace state regulation of the subject.

The state regulation is an obstacle to fulfilling the purposes of the federal law.

The takings clause- Private property shall not be taken for public use without compensation.

Aspects of taking clause

Property-the taking clause protects other property interest besides land and interests in land. The clause has been held to cover takings of personal property, liens, trade secrets, and contract rights.

Taking- range of government activities that may be considered takings. Of course, the governments use of formal condemnation procedures to acquire private property is a taking. There also may be a taking when the government physically invades

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