Week 4

BADM 537- Legal, Ethical, and Social Environment.

Reflection- Initial Post

Raeesa Potnis
University of the Cumberlands
1/26/2021
 This week the reading dealt with the regulation of business by the U.S. Constitution. The

U.S. Constitution is the supreme law of the land. The Constitution enumerates the fundamental

liberty rights of citizens and protects them. The Bill of Rights lists the first ten amendment rights

and forms the law that governs them. The First Amendment is a guarantee of freedom of speech,

which prevents a governmental actor from prohibiting a citizen’s oral, written, or symbolic

expression. Speech that has a commercial purpose is less protected than political speech.

[ CITATION Jen18 \l 1033 ]

Response 1:

The Procedural due process tries and makes convict the defendants accused of crimes. On

the other hand, the principle of the substantive due process allows the courts to stop fundamental

rights and interference caused by the government.                   

Procedural due process:                                                         

The process that puts limitations on the state, and federal power to fulfilling certain

procedures to follow in case of both civil and criminal matters. In the United States, the legal

doctrine requires to follow by the government officials on certain procedures before

dispossessing any property, liberty, and a person of life. At the moment when the government

seeks to deprive any person, it needs to follow certain procedures like the person needs to serve

with a notice, the opportunity should be given to be heard, and a decision should be undertaken

by some neutral decision-maker.                  

Example:

Once you are arrested, it is to ensure that you will have to spend the entire day in the

court with a trial session shall be conducted fairly by many juries of peers. In case, you face
difficulties or problems in collecting evidence and to secure judgment then the argument can be

made with procedural due process by stating that rights were violated. Such a thing can make the

court proceedings excluded from the evidence that was collected in the wrong way to reverse an

unjust conviction.[ CITATION Jen18 \l 1033 ]                           

Substantive due process:

It is based on the constitutional clause that protects the public from unjustified infringing

or intrusion from the government side over the rights of fundamental aspects. When the

government introduces any such laws that lead to having infringed on property rights, liberty, or

life, it is the point at which substantive due process analysis required to perform. It is about the

doctrine that maintains and protects the basic substantive rights like as privilege of speech, and

freedom of religion. The courts have obtained some of the basics of protection in the amendment

of the fifth and fourteenth of the constitution that put barriers on the government of state and

federal to deprive of having liberty, life, or property without any due process of law. [ CITATION

Jen18 \l 1033 ]                           

Example:

In the constitution of the United States, it has been included in the rights to expression

and association freely without any fear. On a judgment, it was declared by the Supreme Court of

New York law for violation conducted on baker’s hours of work schedule that leads to having a

violation of Substantive due process. The reason for that the bakers prevent the New York laws

to follow and created their own set of terms to conduct their work activities. The constitutional

due process law has been held that limits the scope of the government to pass any laws that cut

liberties. The government may have posse’s laws to make an effect on the fundamental rights,
but the law needs to be fair and must be used for the purpose of reasonable matters only.

[ CITATION Jen18 \l 1033 ]

Response 2:

In the United States Constitution, pursuant to Section 8 of Article I. Total 18 are

provisions:

 Congress can collect and deduct taxes, taxes and excises, duties. congress.

 Create the post offices and roads.

 In order to support and maintain the Marine.

 U.S. credit borrow the money.

 Regulate trade with the Indian tribes and with various other States.

 Uniform the law on bankruptcy in the United States and regulate international trade.

 Set the weights and measurements standard.

 Punish the Securities and current coin counterfeiting.

 Encourage science and arts.

 Build up the lower courts.

 Punish the high seas piracies and punish the nation's offense.

Section 8 contributes to the declaration of war and to rules for catching water and land.

 In support of the armed forces.

  Make naval forces rules and regulations.

 Invite the Militia to carry out Union laws.

 Ensure that the appointment and training authority of the officer and militia govern.

organize and discipline the governing.

 Make all the law necessary and appropriate for the former Powers to implement.

 In all cases the sole law and acceptance of the congress shall be exercised by the

headquarters. The entire authority over location. that is to be bought by the consent of the

State Legislature for dock courts, magazines, etc.

In that case, the LLC is not liable, pursuant to Article I , Section 8, of the U.S.

Constitution, for business practices subject to federal jurisdiction. As beets R Us, LLC only sells

the beet in the bottom and does not export the beet in the bottom. However, yes, if Beets R Us,

LLC is taxed. Pursuant to paragraph 1.. The company is responsible for paying the duty.

References

Jennings, M. M. (2018). Business: Its Legal, Ethical, and Global Environment. Boston, MA: Cengage.