About This Chapter
Constitutional Law - Chapter Summary and Learning Objectives
The U.S. legal system is not always easy to understand. It's tough to even read the laws in this country and understand what is really being said. That's one reason why we have the Supreme Court. They help interpret the laws that are so confusing. When it comes to the law, the best thing for non-lawyers to do is to learn about the basics. In this chapter, we will go over some simple legal concepts. You'll learn about the Bill of Rights and why it's important. Our lessons will also cover some famous Supreme Court cases, explaining what they are and their importance for business professionals. Some of the things you will learn in this chapter include:
- The structure and composition of the Constitution of the United States
- The Bill of Rights and the rights protected under it
- What it means when a person takes their Fifth Amendment right
- How due process works
- The right to equal protection
|What Is Constitutional Law? - Definition & Example||Outline, define and give examples of constitutional law.|
|The US Constitution: Preamble, Articles and Amendments||Read and understand the components of the U.S. Constitution|
|U.S. Constitution: Definition and the Judicial Review of Marbury v. Madison||Examine the concepts of supreme law of the land and judicial review, referencing Marbury v. Madison, 5 U.S. 1803; 1803 U.S. Lexis 352.|
|The Bill of Rights: The Constitution's First 10 Amendments||Recognize and understand the first ten amendments|
|The First Amendment: Commercial Speech, Scrutiny & Restrictions||Discuss commercial speech, strict scrutiny, content-neutral restrictions, & intermediate scrutiny, and examine Bad Frog Brewery v New York State Liquor Authority, 134 F. 3d87 (1998); 1998 U.S. App Lexis 525.|
|The Fourth Amendment: Search & Seizure||Explain the fourth amendment with reference to United States v. Kyllo, 533 U.S. 27 (2001); 2001 U.S. Lexis 4487|
|Due Process & Takings the Fifth and Fourteenth Amendments||Define and explain 'due process' & 'takings'|
|The Equal Protection Clause in the Fifth and Fourteenth Amendments||Describe the 'equal protection' clause, discriminatory laws, suspect classification, quasi-suspect classification, and rational basis test|
|Ninth Amendment: Rights Retained by People||Study the ninth amendment using Griswold v. Connecticut, 381 U.S> 479 (1965); 1965 U.S. Lexis 2282|
|Necessary & Proper' and Interstate Commerce Clauses||Discuss the 'necessary and proper' clause & interstate commerce clause referencing Granholm v Heald, 544 U.S. 4650 (2005); 2005 U.S. Lexis 4174 (see case in Lexis Academic)|
|Privileges & Immunities Clause: Definition & Examples||Outline and examine the Privileges & Immunities Clause|
|Full Faith & Credit Clause: Definition & Examples||Learn about the Full Faith & Credit Clause|
|Contracts Clause: Examples & Definition||Explain and give examples of the Contract Clause|
|Federalism & the Supremacy Clause: Definition & Example||Give definitions of federalism and 'supremacy clause' and show examples|
1. What Is the Rule of Law? - Definition & Principle
Rule of law takes on several meanings. On one hand, it means that no person or government is above the law. In another, it means that no government or its officials can enforce laws that are unfair or unjust.
2. The First Amendment: Commercial Speech, Scrutiny & Restrictions
The First Amendment of the Constitution states that all citizens are free to practice their preferred religion, speak freely and to assemble. Learn how and why businesses are less protected and are held to a higher scrutiny in this lesson.
3. The Fourth Amendment: Search & Seizure
One of our rights according to the Bill of Rights and the U.S. Constitution is the Fourth Amendment, and it protects citizens from illegal search and seizure of person or property with proper warrants stating probable cause.
4. Due Process & Taking the Fifth & Fourteenth Amendments
There are only two amendments that stand for the same rights: the 5th Amendment and 14th Amendment. In this lesson, we will learn how both amendments speak to the rights of life, liberty and property with government protection and due process.
5. The Equal Protection Clause in the Fifth and Fourteenth Amendments
Both the 5th Amendment and the 14th Amendment of the US Constitution provide all citizens with equal protection of their right to life, liberty and property. The main difference being the 5th Amendment provides it under the Due Process clause.
6. Ninth Amendment: Rights Retained by People
The purpose of the Ninth Amendment is to protect the citizens' rights that aren't necessarily mentioned elsewhere in the Constitution, like the right to privacy or the right to marry. It also prevents the violation of those rights by the government.
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Other chapters within the CLEP Introductory Business Law: Study Guide & Test Prep course
- History of American Law
- Sources of Law
- American Legal Systems
- Legal Procedures
- Contract Law Basics
- Capacity in Contract Law
- Contract Law and Third Party Beneficiaries
- Contracts: Assignment and Delegation
- Contracts: Statute of Frauds
- Contracts: Scopes and Meanings
- Contracts: Breach of Contract
- Contracts: Discharge of Contracts
- The Legal Environment
- Securities and Antitrust Law
- Property Law
- Creditors' Rights
- International Business Law
- Product Liability and Consumer Protection
- Types of Business Organizations
- Torts in Business Law
- The Role of Agency in Business Law
- Sales & the Law
- CLEP Introductory Business Law Flashcards