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Business Law Notes: Constitutional Law

Separation of Powers

Commerce Clause

Congress has power to regulate commerce with foreign nations & among states.

Regulatory power of national government

Usually interstate, however intrastate for cases impacting more than one state.

Regulatory powers of the states

The Supremacy Clause

Article VI of the constitution provides that the constitution, laws, & treaties of the US are “the supreme law of the land.” In conflicts between federal & state law, the state law is rendered invalid.

Taxing Power

Congress has the power to lay & collect taxes, duties, imposts, & excises

Spending Power

Congress has the power to pay the debts & provide for common defense & general welfare of the US.

Bill of Rights

Takings

Government appropriation of private property for which just compensation is usually due (physical invasion or denial of economic benefit due to government regulation; taking farm land to build highway, new zoning codes, endangered species, nuisances like concert park or junk yard).

Constitution requires the government to pay just compensation depending on: