Law
If an act is legal, then it is moral.
Positive Law
A written document establishing the structure of the government and its relationship to the people.
Constitution
Can signify that Congress does not want a law on the matter.
Silence of Congress
Have had a significant amount of power delegated to them.
Administrative Agencies
Guarantee of protection against loss of property or rights without the chance to be heard.
Due Process
Higher standards of conduct than Positive Law.
Natural Law
Powers expressly given to the national government by the Constitution.
Delegated powers
Occasionally the government departs from the requirements of the Constitution.
Amendment of Practice
The center of gravity has shifted from the states to the nation.
Eclipse of the States
Depends on whether the classification bears reasonable relation to the wrong being remedied.
Reasonable Classification
Succeeds because of trust.
Capitalism
Powers that are held by both the national and state government.
Shared Powers
Article V, a very stringent process.
Constitutional Method of Amending
Strong President, Strong Government.
The Living Constitution
Distinctions in business regulation, right to work, and right to enjoy property on the basis of race, national origin, or religion are invalid.
Improper Classification
Integrity and truthfulness are types of this.
Ethical Behavior
The power to regulate for the general welfare, health, safety and morals of the people.
Police Power of the States
A strict constructionist view of the Constitution; believes its purpose is to state fundamental principles that don’t change over time.
The Bedrock View
The U.S. Supreme Court has found some areas Congress may not regulate and placed limitations on the commerce clause (Example: U.S. v. Morrison).
The Commerce Clause Today
A person going into another state is entitled to make contracts, own property, and engage in business to the same extent as citizens of that state.
Privilege and Immunity
Requires examination of the dilemma from all perspectives.
Laura Nash Model
There are certain things that the state and national government are prohibited from doing.
Prohibited Powers
Our interpretation of the Constitution should change to reflect an evolving society.
The Living-Document View
The Spending Power, The Taxing Power.
Financial Powers
Includes protections not expressly written into the Constitution.
Bill of Rights