Expert Answer:BUSN370 Regent Biblical Perspective Of Property Ow

  

Solved by verified expert:Utilizing the information to this point in the course, as well as significant outside scholarly material, write a paper from a biblical worldview perspective that discusses the legal concepts of property ownership and how God’s mandate of mankind’s dominion over the earth informs it.Compose the research paper in accordance with APA standards and cite a minimum of five (5) scholarly peer reviewed sources (in addition to your textbook and the Bible) as references, as well as multiple biblical references (word count range 1200-1400 words).What is covered in the reading – Liuzzo, A. L., & Hughes, R. C. (2019). Essentials of Business Law (10th ed.). New York, NY: McGraw Hill Education.Chapter 1, Our System of Law;Chapter 5, Constitutional Law;Chapter 6, Administrative Law;Chapter 36, International Business Law; andExodus 18:13-26 (Court Structure); Romans 13:1-2, 4-5 (Ordained Authority).Liuzzo, A. L., & Hughes, R. C. (2019). Essentials of Business Law (10th ed.). New York, NY: McGraw Hill Education:Chapter 16, Transfer of Title;Chapter 24, Real and Personal Property;Chapter 25, Bailments;Chapter 26, Landlord-Tenant Relations;Chapter 27, Wills, Intestacy, and Trusts; andGen. 1:26-30; Psalm 24:1, 115:15-16 (Creation Mandate and Dominion).
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Chapter 5
Constitutional
Law
©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted
without the prior written consent of McGraw-Hill Education.
The United States Constitution
The U.S. Constitution (1789), although relatively
brief, forms the basis for all American law.
Each of the following must be consistent with the
U.S. Constitution:





All federal statutes enacted by Congress
All state statutes enacted by state legislatures
All ordinances enacted by local municipalities
All administrative laws and decisions
Every court decision in every case in every
jurisdiction
©2019 McGraw-Hill Education.
5-2
Constitutional Powers
Both the federal government and the fifty states’
governments have the power (under certain conditions)
to regulate citizens who reside within their jurisdictions.
• Also, each state has its own state constitution
This system of government is known as federalism.
The federal Constitution and state constitutions confer
two types of powers on the governments:
• Express powers
• Implied powers
©2019 McGraw-Hill Education.
5-3
Express and Implied Powers
Express powers are those that are specifically
stated in constitutions.
• Example: The U.S. Constitution grants the federal
government the explicit power to raise an army and to
impose taxes. (Article I Powers)
Implied powers are those that have arisen as a
result of interpretation of the express powers by
the courts.
• Example: The federal Constitution gives Congress the
implied power to create an agency to explore outer
space.
©2019 McGraw-Hill Education.
5-4
Constitutional Amendments (1)
Amendments to the Constitution were necessary
to address changing needs of the country and its
people in the years following the drafting of the
original document. (Article V)
The Constitution has been amended, or
changed, 27 times, and it will probably continue
to be amended.
• However, the amendment process in an onerous one.
©2019 McGraw-Hill Education.
5-5
Constitutional Amendments (2)
Each amendment must be proposed by a twothirds vote of Congress and ratified, or
approved, by the legislatures of three-fourths of
the 50 states.
It is also possible for an amendment to be
initiated by states.
The first ten amendments are referred to as the
Bill of Rights (Known as “fundamental rights”).
©2019 McGraw-Hill Education.
5-6
Judicial Review
Federal and state courts have the power to
determine whether laws enacted by legislatures
or decisions made by lower courts violate the
Constitution.
If a court decides a law is contrary to the
Constitution, the law may be declared
unconstitutional and, invalid.
The process of deciding if a law is contrary to
the Constitution is known as judicial review.
©2019 McGraw-Hill Education.
5-7
The Doctrine of Preemption
If a state or local law is inconsistent with the
federal law, the state or local law may be
declared unconstitutional, and federal law must
be followed.
This is known as doctrine of preemption; federal
law preempts, or supersedes, the state law.
• This doctrine only applies in instances where the law
in question pertains to a power that the Constitution
has expressly or implicitly granted to Congress.
©2019 McGraw-Hill Education.
5-8
The Commerce Clause (1)
This clause grants Congress the power to
regulate commerce among states in order to
prevent the restriction of trade activity.
Article I, Sec. 8, Clause 3
Courts have held the term commerce, as used in
the Constitution, is defined as the movement or
exchange of persons, goods, or information
across state lines.
©2019 McGraw-Hill Education.
5-9
The Commerce Clause (2)
The commerce clause creates one of the most
fundamental powers in the Constitution.
• Some judges and legal scholars take a broad and
expansive view of this clause.
• Others are strict constructionists, maintaining many of
the matters Congress now legislates would be more
appropriately left to the states.
©2019 McGraw-Hill Education.
5-10
The Full Faith and
Credit Clause (1)
The full faith and credit clause reads as follows:
• “Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial Proceedings of
every other State.”
Article IV, Section 1
This clause mandates each state respect and
enforce both the judgments awarded by courts
in other states, and the laws and case law of
other states
©2019 McGraw-Hill Education.
5-11
The Full Faith and
Credit Clause (2)
The Supreme Court has made a distinction in the level of
the respect that must afforded each state’s laws.
• A great deal of respect must be given to judgments awarded by
courts in other states;
• A lower level of respect must be given to another state’s statutes and
case law.
Example: A handful of states provide that individuals
may make personal use of marijuana, while other states
ban it. However a citizen of a state that allows its use,
may not use or possess marijuana while in a state where
its possession and use is illegal. Here the full faith and
credit clause does not apply.
©2019 McGraw-Hill Education.
5-12
The Supremacy Clause
This clause requires state judges to follow federal law in
the event of a conflict with state law.
• Under this clause, the provisions of U.S. treaties supersede any
conflicting state regulations.
According to the supremacy clause, a Supreme Court
ruling that involves a constitutional issue is binding upon
all state courts.
Article IV, Section 2
©2019 McGraw-Hill Education.
5-13
The First Amendment (1)
Four important parts of this Amendment are:
• The Establishment and Free Exercise
Clauses Relating to Religion
• Freedom of Speech
• Freedom of the Press
• Freedom of Association (Assembly)
©2019 McGraw-Hill Education.
5-14
The First Amendment (2)
The Establishment and Free Exercise Clauses Relating to
Religion
The First Amendment right to freedom of religion is
divided into two interconnected pieces:
• (1) the establishment clause, (2) the free exercise clause.
The establishment clause makes it unconstitutional
for government to recognize a single national
religion, or to create policies or practices that favor
one religion over another.
The free exercise clause requires government not
interfere with an individual’s practicing the religion of
his or her choice.
©2019 McGraw-Hill Education.
5-15
The First Amendment (3)
Freedom of Speech
The First Amendment’s freedom of speech clause
provides Americans with a fundamental right.
While individuals have the right to freedom of political or
religious speech, this right is guarded most zealously
when speech is unpopular, upsetting, ignorant, or even
anger-provoking.
Speech that is sexist, racist, ageist, or otherwise
offensive is also protected.
• Example: The act of burning an American flag is considered
protected speech and laws prohibiting such are unconstitutional.
©2019 McGraw-Hill Education.
5-16
The First Amendment (4)
Freedom of Speech
All speech is not protected under the First Amendment.
The following are examples of speech that may
constitutionally be limited or silenced:






Speech that incites imminent danger
Child pornography
Speech that is legally obscene
Speech that threatens physical harm
Speech that is defamatory, including both slander and libel
Interference with works protected by trademark, patent, or
copyright law
• Commercial speech, such as deceptive advertising
©2019 McGraw-Hill Education.
5-17
The First Amendment (5)
Freedom of the Press
It is unconstitutional for governments to pass a
law limiting what a journalist could write or say
about a political candidate or issue.
However, not all laws pertaining to the news
media are unconstitutional.
• Example: It is constitutionally acceptable for
government to tax newspapers.
©2019 McGraw-Hill Education.
5-18
The First Amendment (6)
Freedom of Association (Assembly)
Citizens and businesses have the right to
associate with groups to petition the government
to address grievances.
This includes organizing for political or business
purposes, such as Chambers of Commerce,
Environmental Groups, civil rights groups, etc.
Assembly and association must be peaceful.
©2019 McGraw-Hill Education.
5-19
The Second Amendment
This Amendment provides Americans with the “right to
bear arms.”
Generally, this term has been interpreted to mean “to
carry firearms.”
The Supreme Court decisions clarify this is a
fundamental individual right of private citizens.
The right to bear arms is not unlimited, however.
• The fire power of certain type modern weapons exceed that of
those when the Constitution was drafted and are restricted by
the federal Gun Act of 1934.
• Convicted criminals may not own guns.
©2019 McGraw-Hill Education.
5-20
The Fourth Amendment
The Fourth Amendment requires police officers and
government officials (but not private citizens) to have
probable cause in order to be able to conduct a personal
or property search.
Probable cause is defined as a reasonable belief by a
prudent law enforcement officer that a suspect has
committed, is committing, or about to commit a crime. A
judge issues a warrant giving the officer authority to
conduct a search.
• All other unreasonable searches and seizures are
unconstitutional and invalid.
• Example: A detention of longer than 48 hours after a criminal arrest
©2019 McGraw-Hill Education.
5-21
Example: The Fourth
Amendment
Facts:
• A police chief, concerned that police officers were using their
text pagers mostly for personal messages, decided to read
some of them.
• The chief discovered most of the messages sent by one of
the officers were personal in nature.
• After learning his messages had been read, the officer sued
both the chief and city, claiming that this action violated the
Fourth Amendment
Because the search by the police chief was motivated by a
legitimate work-related purpose and because it was on a
city owned device, the Supreme Court ruled the search
to be reasonable. (City of Ontario v. Quon, 2010)
©2019 McGraw-Hill Education.
5-22
The Fifth Amendment (1)
The Fifth Amendment contains four distinct protections
from governmental actions.
• Double Jeopardy – the Fifth Amendment does not
allow a court to try a criminal defendant more than
once for the same offense.
• Self Incrimination – the Fifth Amendment provides
individuals with the right to refuse to divulge
information to police or in court that could be used
against them in a criminal proceeding. This is
applicable to any federal or state legal proceeding.
©2019 McGraw-Hill Education.
5-23
The Fifth Amendment (2)
Due Process – the Fifth Amendment requires that all
persons be granted both procedural and substantive due
process.
• Procedural Due Process mandates all persons affected by a legal
proceeding receive notice of its subject matter, time, and place and that
these proceedings be conducted by a judge (or jury) who is fair and
impartial.
• Substantive Due Process mandates government not unreasonably
interfere with an individual’s life, liberty, or property rights.
Eminent Domain – the Fifth Amendment permits the
government to take private property, both real and
personal, for a public purpose so long as the owner
receives just compensation.
©2019 McGraw-Hill Education.
5-24
The Eighth Amendment (1)
The Eighth Amendment restricts both the severity and
types of punishments that may be imposed by federal
and state governments.
The Supreme Court has ruled punishments must be
proportionate to the crime committed. The following are
examples of punishments prohibited under the Eighth
Amendment:




A person convicted of armed robbery is sentenced to death.
A person convicted of shoplifting is sentenced to life in prison.
A minor is sentenced to life in prison for stealing a car.
A person convicted of assault and battery is sentenced to death.
©2019 McGraw-Hill Education.
5-25
The Eighth Amendment (2)
This amendment prohibits certain barbarous types of
punishment, such as burning at the stake, regardless of
the type of crime committed.
In addition, the Eighth Amendment mandates people
accused or convicted of crimes are not to be subjected
to excessive bail.
• However, the Supreme Court has ruled that in extreme cases a
court may deny bail altogether.
The Eighth Amendment prevents government from
imposing an unjustly harsh fine on a person convicted of
a crime.
• Grossly disproportionate fines may be overturned.
©2019 McGraw-Hill Education.
5-26
The Fourteenth Amendment
(1868)
Under the 14th Amendment, it is unconstitutional
for a state to deny any citizen due process.
The Fourteenth Amendment also provides when
states pass laws, they must treat all individuals
equally (Equal Protection Clause)
Laws that do not treat all persons equally are
unconstitutional unless the state can prove the
laws pass one of the following tests: (1) rational
basis, (2) intermediate scrutiny, or (3) strict
scrutiny.
©2019 McGraw-Hill Education.
5-27
The Fourteenth Amendment (1)
The rational basis test is a standard measuring whether the
state had a reasonable, and not an arbitrary, basis for
enacting a particular law or regulation.
• Used if the law places restrictions on economic or property interests, or
if the law discriminates on a basis other than race, sex, religion, national
origin, and other related categories
The intermediate scrutiny test is a standard measuring
whether a particular statute is substantially related to an
important government interest or objective and is the least
option to accomplish that interest (Central Hudson Test)
• Used if the law discriminates on the basis of sex, or if the law restricts
commercial speech
©2019 McGraw-Hill Education.
5-28
The Fourteenth Amendment (2)
The strict scrutiny test is the highest standard used
when a law infringes on a “fundamental right” such as
free speech, press, religion, and the like. It determines
whether the legislature had a compelling state interest
for enacting a particular statute.
• Used if the law discriminates on the basis of race or national
origin, or if the law infringes on a fundamental constitutional right
©2019 McGraw-Hill Education.
5-29
The Sixteenth Amendment
(1913)
The Sixteenth Amendment granted the federal
government power to impose and collect a tax on
individuals’ incomes.
The Internal Revenue Service (IRS) is a federal agency
established by Congress and empowered with
administering and collecting federal income tax under
the Sixteenth Amendment and other federal tax laws.
• The IRS engages in the creation of tax regulations, reporting,
enforcement of tax laws and regulations, and improving
taxpayers’ understanding/compliance.
©2019 McGraw-Hill Education.
5-30
Chapter 6
Administrative
Law
©2019 McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted
without the prior written consent of McGraw-Hill Education.
Administrative Agencies
An administrative agency is a governmental
body responsible for the regulation and
supervision of a particular activity or area of
public interest.
Legislatures lack time and expertise to:


Make necessary rules to govern operations of
complex areas of our social and economic life.
Supervise the many details of complex areas on a
daily basis.
Legislatures delegate these tasks to
administrative agencies, or, regulators.
©2019 McGraw-Hill Education.
6-2
Organization of Governments
Our traditional constitutional governments
operate at federal, state and local levels.
Each level of government has three
branches:
• Legislative
• Executive
• Judicial
Each branch has specific duties and
powers.
©2019 McGraw-Hill Education.
6-3
Legislative Branch
The legislative branch at all levels of
government consists of elected representatives
who have responsibility for passing laws
representing the will of the people.
• At the federal level, the two houses of Congress are:
• House of Representatives
• Senate
• At the state level, the legislative branch is often called
the general assembly.
• It consists of two houses (except in Nebraska).
• At the local level, the legislative branch is often called
a city or a county council (or similar name).
©2019 McGraw-Hill Education.
6-4
Executive Branch
The executive branch at all levels of
government ensures all enacted legislation
is implemented or enforced.
• Federal level: Executive branch is headed by
the president.
• State level: Executive is the governor.
• Local level: Executive is the mayor, county
executive (or individual with similar title).
©2019 McGraw-Hill Education.
6-5
Judicial Branch
The judicial branch of government determines if
there have been violations of law. It also
interprets law as to questions about what the law
means in particular situations.
• Federal level: District courts, appeals courts, and the
U.S. Supreme Court.
• State level: Several levels of courts including trial
courts, appeals courts, and a supreme court.
• Local level: Municipal courts, justice-of-the-peace
courts, and magistrate courts.
©2019 McGraw-Hill Education.
6-6
Functions of Administrative
Agencies
Regulating conduct
• Price, entry into a particular geographical area, or entry into a
particular kind of business.
Satisfying government requirements
• Collection of taxes and revenues through various licensing laws.
Disbursing benefits
• Subsidies and benefits of various kinds to farmers, persons in
need of public assistance, students, unemployed, and elderly.
Providing goods and services
• Electricity, water, sewer, highway maintenance, hospital care,
and public housing.
©2019 McGraw-Hill Education.
6-7
Formation of an
Administrative Agency (1)
6-8
An administrative agency might be formed to protect the
public from certain behaviors.
• Example: From unlawful or deceptive businesses. (Federal
Trade Commission)
The agency would implement law passed by the city
council, to ensure that the businesses comply. (City
Housing Administration)
If the businesses violate law or fail to correct problems,
their business license could be revoked by the agency
and business could be closed.
• Generally, before such measures are taken, business owners
are issued a subpoena, or an order requiring the recipient to
appear at a hearing to account for the actions.
©2019 McGraw-Hill Education.
Formation of an
Administrative Agency (2)
6-9
To comply with the subpoena, the merchant must attend
a hearing at a specified time and place to answer an
agency inspector’s complaints.
Businesses are entitled to Due Process.
• An Administrative Hearing – is a trial-like judicial proceeding
without a jury, in which an administrative agency decides on
matters of regulation or law for which the agency is charged with
enforcement.
©2019 McGraw-Hill Education.
Similarities between Administrative
Agencies and Governments
Executive Function:
• Daily operation of the agency and
establishment of policies and objectives.
Legislative Function:
• Rules and regulations resemble laws passed
by a legislature. Must comply with
constitutions and statutes
Judicial Function:
• Holds hearings and oversees compliance with
decisions.
©2019 McGraw-Hill Education.
6-10
Differences between Administrative Agencies
and Governments Executive Function
Voters have the opportunity to vote the executive into
and out of office. Voters normally do not elect the
administrator of a regulatory agency
There are two general patterns in executive organization
of an administrative agency.
• the executive is appointed by and serves at the discretion of the
elected executive of the government subject to approval by the
legislature …
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