The “right” of a person to own another person was notably affirmed by the Supreme Court in the Dred Scott decision in 1857.In Scott v. The Constitution itself speaks of rights in fairly general terms, and the judicial interpretation of various rights has been in flux. In general, the idea of rights is particularly strong.
Article III creates the federal judiciary, and the Bill of Rights, adopted in 1791, makes clear that individual rights must be preserved against activities of the federal government. Article II also gives states rather than individuals (through the Electoral College) a clear role in the election process. In Article II, the Constitution sets forth the powers and responsibilities of the branch-the presidency-and makes it clear that the president should be the commander in chief of the armed forces. Article I balances influence in the federal legislature between large states and small states by creating a Senate in which the smaller states (by population) as well as the larger states have two votes. In Article I, the Constitution places the legislature first and prescribes the ways in which representatives are elected to public office. As you look at the Constitution and how it affects the legal environment of business, please consider what basic values it may impart to us and what makes it uniquely American and worth defending “against all enemies, foreign and domestic.” If you serve, you are asked to “support and defend” the Constitution “against all enemies, foreign and domestic.” The oath usually includes a statement that you swear that this oath is taken freely, honestly, and without “any purpose of evasion.” This loyalty oath may be related to a time-fifty years ago-when “un-American” activities were under investigation in Congress and the press the fear of communism (as antithetical to American values and principles) was paramount. In the US, the one document to which all public officials and military personnel pledge their unswerving allegiance is the Constitution. The Constitution as Reflecting American Values Know what federalism means, along with separation of powers.Įxplain the process of amending the Constitution and why judicial review is particularly significant. No knowledgeable citizen or businessperson can afford to be ignorant of its basic provisions.ĭescribe the American values that are reflected in the US Constitution. It has assumed the power of judicial review, unique among federal systems globally, through which it can strike down federal or state statutes that it believes violate the Constitution and can even void the president’s executive orders if they are contrary to the Constitution’s language. The US Supreme Court is the ultimate arbiter of those disputes, and as such it has a unique role in the legal system. For example, arguments still rage over the nature and meaning of “federalism,” the concept that there is shared governance between the states and the federal government. Because it speaks in general terms, its provisions raise all kinds of issues for scholars, lawyers, judges, politicians, and commentators. Business and commerce are directly affected by the words, meanings, and interpretations of the Constitution. The US Constitution is the foundation for all of US law. Locate the source of congressional power to regulate the economy under the Constitution, and explain what limitations there are to the reach of congressional power over interstate commerce.ĭescribe the different phases of congressional power over commerce, as adjudged by the US Supreme Court over time.Įxplain what power the states retain over commerce, and how the Supreme Court may sometimes limit that power.ĭescribe how the Supreme Court, under the supremacy clause of the Constitution, balances state and federal laws that may be wholly or partly in conflict.Įxplain how the Bill of Rights relates to business activities in the United States.
Know what judicial review is and what it represents in terms of the separation of powers between the executive, legislative, and judicial branches of government. After reading this chapter, you should be able to do the following:Įxplain the historical importance and basic structure of the US Constitution.
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