Role Of The United States Constitution And Business Regulation

736 words - 3 pages

University of PhoenixThe role of the United States Constitution in business falls under Article I, Clause 3, Commerce Power, Power to Regulate Commerce. The role will be discussed in this paper along with a current example from today's world. The example will show how Constitutional rights can affect business and how our legal system will be used to protect those rights.The Commerce ClauseCongress has the sole power to govern commerce or business between states, internationally and with tribes. This power is titled the commerce clause. This clause has had the most impact on business than any other law or clause in the Constitution. The clause was created and entrusted to the federal government to ascertain that the movement of goods from state to state was standardized in the rules. For many years the commerce clause only applied amongst the states and not within the states. In 1824, in the case of Gibbons v. Odgen, "the Supreme Court held that commerce within the states could also be regulated by the federal government as long as the commerce concerned more than one state." (Corley, Reed, Shedd & Morehead, 2003). In other words, the federal commerce clause overruled any state laws. This was a major step for business and the government and laid the groundwork for many laws and rules that are still in effect today. In today's world, the boundaries of the interstate and intrastate commerce are now dually regulated by state and federal government.The Tobacco CompaniesIn July of 2004, a federal appeals court overturned a previous verdict that the United States cigarette companies were involved in price fixing as the wholesalers alleged. Price fixing is two or more competing companies agreeing to sell the same product for the same price. The results of price fixing are high prices for the consumers and a bigger profit for the companies. In the US, price fixing is a felony and falls under the Sherman Antitrust Act when prosecuted. Even sharing prices with a competitor can be construed as violation of the antitrust laws. The Constitution and the business laws that are regulated by the Constitution helped the tobacco companies overcome much adversity and foul play when the wholesalers used undermining and unethical tactics originally to win their case. The...

Find Another Essay On Role of the United States Constitution and Business Regulation

The History of the United States Constitution

1735 words - 7 pages Americans won their independence. After much trial and error in the period after the Revolution, the forefather's of the United States drafted the timeless document known as the United States Constitution. When the Americans won the war the new leaders were aware that they would need to develop a government. The Articles of Confederation were written and adopted by the United States for this purpose. (Harr, 2012) The period in which the Articles of

The Constitution of the United States

1423 words - 6 pages The Constitution of the United States The United States Constitution is the law of the United States. It is the foundation of this country and the most important document in its history. It provides the guidelines for the government and citizens of the United States. The Constitution will unquestionably continue to carry us into the 22nd century, just as it has for over two hundred years. The principles of the Constitution remain strong

The Ratification of the United States Constitution

1044 words - 4 pages During 1787 and 1788 there were quite a few debates over the ratification of the United States Constitution. The issues disputed are outlined and explored in the Federalist Papers, an assortment of letters and essays, often published under pseudonyms, which emerged in a variety of publications after the Constitution was presented to the public. Those who supported the Constitution were Federalists, and those who opposed were Anti-Federalists

The Creation of the United States Constitution

2758 words - 11 pages reality that is the exact opposite of what happened. They in fact drafted up a whole new constitution. The Articles of Confederation had a profound effect on the making of the United States Constitution. There were many opposing plans and conflicting views of the delegates to the Constitutional Convention. It was these plans and views which ultimately led to the creation of the Constitution of the United States of America.The Articles of

The Constitution of the United States

771 words - 3 pages The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel

The Constitution of the United States

1094 words - 5 pages The Constitution of the United States of America is one of the most famous documents in history. It did not just serve as an outline of our nations government for our founding fathers, but also for their grandchildren, and their grandchildren’s grandchildren, and so forth. However no one is perfect and today American Politicians fight over the true meaning of the Constitution; although they still believe in the wisdom it entrusts, it is hard

The United States Constitution and Government

2929 words - 12 pages Slide One As ratified in 1788, the United States Constitution created the foundation for the United States federal government. The preamble clearly states the mission of the constitutional framers: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our

Constitution of the United States: Our Living Constitution

933 words - 4 pages The United States Constitution has been governing our way of life for over 200years. Throughout its time it has been viewed in many ways to make our lives easier. Ithas been the legal structure of our political system, establishing governmental bodies,determining how their members are selected, and prescribing the rules by which theymake their decisions.The Philadelphia Convention, which was later called the ConstitutionalConvention, began on

Framing The United States Constitution

1602 words - 6 pages Framing the United States Constitution In 1787, at the Constitutional Convention, a group of knowledgeable and brilliant men met in order to revise the problematic, inefficient, and weak Articles of Confederation. These experienced and well read men produced a four-page document, suggesting an entirely new form of government. This achievement was absolutely remarkable considering it had no precedent in history, and this document established a

Analizing the preamble of the United States Constitution

1359 words - 5 pages We the People of the United States, in Order to form a more perfect Union, established Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The previous sentence is called the Preamble for the Constitution of the United States. The preamble is the first

The Bill of Rights in the United States Constitution

937 words - 4 pages The Bill of Rights in the United States Constitution has ten amendments in the first part. The 2nd amendment in the Bill of Rights is The Right to Keep and Bear Arms. The 2nd amendment The Right to Keep and Bear Arms states that “A well-regulated militia, being necessary to the security of a Free State, the right of the people to keep and bear arms, shall not be infringed” (USConstitution). The 2nd second amendment allows any United States

Similar Essays

Role Of The United States Constitution

784 words - 3 pages would not have had the ability to gain wage increases or employment opportunities. The Fair Minimum Wage Act of 2007 also "…includes a $4.84 billion package of assistance for small businesses to encourage employment and create jobs" (Eshoo, 2009, p.2, ¶2).The United States Constitution and its legal system play a significant role in how businesses establish regulation. The laws endeavored in these branches provide successful operations

Role Of The United States Constitution

740 words - 3 pages extend coverage to same-sex couples.The primary role of the United States Constitution protects the overall interest of all. This would include the employees and employers overall. Laws are instrumented to protect us, American people overall, to ensure the right thing is done. Business are held to a certain standard and when rules are broken, fines are imposed to these companies overall.ReferencesCheeseman, Henry R. (2007). The Legal Environment in Business and Online Commerce: Business Ethics, E-Commerce, Regulatory and International Isssues.Domestic Partner Benefits: Defining Domestic Partners and Dependents. Available at: http://www.hrc.org/issues/4826.htm

Role Of The Us Constitution And Legal System In Business Regulation

1090 words - 4 pages Role of the US Constitution and Legal System in Business RegulationThe Constitution of the United States and their legal system have an impact on the guidance and operation of companies in any industry. In case a person breaks a law, for example, he or she may be obliged to pay a fine or even imprisoned in the US. It works the same way with companies: if a business is found responsible for allowing its employees to violate regulations this

The Constitution And Freedom Of Religion In The United States

1165 words - 5 pages stemmed from the establishment of the Constitution of the United States that guaranteed religious freedom. This reasoning is best illustrated by the trials by two religious groups, who lived at different times, in what is now the Northeastern United States. Religious instability plagued Europe during the 16th and 17th centuries, as monarchs were excommunicated and countries faced both internal and external conflicts. In 1570, Catholic