Essay on Business Law

Submitted By akahen12
Words: 581
Pages: 3

1778
Continental congress formed a fed government and adopted the articles of confederation
Articles of confederation created a federal congress composed of representation of the 13 new states

1787
Constitutional convention was convened in Philly in May 1787
Primary purpose to strengthen the fed government
Constitution was reported to Congress in September 1787
State ratification of the Constitution completed in 1788

US Constitution
Article 1, Section 2
Representatives and direct taxes

Plessy v. Fergerson
Plessy- Citizen of Louisiana, 7/8 Caucasian 1/8 Black, was told by conductor to go in the car on train reserved for blacks

Federalism
Fed govt and 50 state govts share powers
When states ratified the constitution, they delegated certain powers to the def, called enumerated powers

Doctrine of Separation of Powers
Article 1 establishes the legislative branch, consisting of senate and the house
Article 2 established the executive branch
Article 3 establish the judicial branch

Preemption
State law can be preempted in one of two ways:
Congress evidences an intent to occupy a given field, any state law falling within that field is preempted
If congress has not entirely displaced state regulation over the matter in question, state law is still preempted to the extent
If fed govt enacts a law today dealing w immigration saying we want to occupy the entire field (only fed can rule law), law is preempted
If congress has not entirely displaced state regulation, state law is still preempted
It actually conflicts with federal law, when it is impossible to comply with both state and federal law, or where the state law stands as an obstacle to the accomplishment of the full purposes and objectives of congress

Commerce Clause
Power of the federal government to regulate commerce with foreign nations
Power of the federal government to regulate interstate commerce
Effect on interstate commerce test:
The regulated activity does not itself have to be in interstate commerce
Any local interstate activity that has an effect on interstate commerce is subject to federal regulation

Congress Power
Power to tax, pay debts, and provide for the common defense and general welfare
Power to regulate the channels and instrumentalities of interstate commerce
Includes the authority to exclude from shipment or travel any goods, persons or activities found by congress to be harmful to the public health or safety

Police Power
State and local government regulation of…