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Business, the Constitution and Administrative Agencies
The Constitution and business
Laws that govern business play an important part in lawmaking and granting equal rights and obligations. Such leverage is represented by the Constitution and Administrative Agencies. The Constitution is the supreme Law of the United States.
While all parts of the Constitution have an application to business and to individuals, certain provisions have a particular impact on business (Meiners, Ringleb, and Edwards 76). The Commerce Clause declares that Congress has the power to decree the federal regulation of business. The Necessary and Proper Clause announces the power of the Congress to make all necessary and proper laws, which enlarge the powers vested in the government. So the Congress has tremendous power of lawmaking and regulating. And the actions of the federal government are supreme.
Historically we can enjoy the freedom of speech, but traditionally there have been more restrictions on commercial speech (Meiners, Ringleb, and Edwards 84). Imposed restriction regulating the time, place, and manner of speech differs from regulation based on the content of speech. There exists the right of business to talk up political issues. But the communication should not be prohibited if some public officials disapprove expressed views.
The Eminent Domain, the ancient power of governments, is declared in the Just Compensation or Taking Clause. Government should pay for property taken from someone because this property is determined by public officials as necessary for some specific purpose. Moreover, such compensation is paid according to fair market value.
As for the right to trial by jury, if the only question at trial arises under a statute that may impose civil penalties, such as monetary fines or an injunction , there can be no jury trial, because civil penalties are imposed by statute (Meiners, Ringleb, and Edwards 93).
The claim of excessive fines is frequently raised. This issue is controversial as the government has the right to confiscate property despite the gravity of misdemeanor.
The Due Process Clause is in force when the court examines the ability of the government to limit the freedoms of life, liberty, and property. The Equal Protection Clause is valid when the court reviews the classification of persons established by the Government.
Administrative Agencies
One more agent of regulation besides the Constitution is Administrative Agencies. Administrative law governs the creation and operation of administrative agencies ( Administrative Law ). Such agencies are established when the legislative (the Congress, the state legislature) or executive branch entrusts some of its authority to an agency. For example, the Environmental Protection Agency was created by Congress to flesh out the goals of environmental statutes and to be the primary enforcer of those laws (Meiners, Ringleb, and Edwards 10). After that, all states have created state environment agencies.
Agencies are able to judge disputes more quickly and flexibly than the courts. They consist of experts in the field of agency operation.
Importance of Legal Regulations
The Constitution and Administrative Agencies are important sources of law. They affect the legal environment of business. I believe that enactment of regulations, supervision over compliance with regulations and their violations are among the paramount duties of the Government; when the obligation of any business is to act according to these regulations.
Works Cited
Administrative Law. Legal Information Institute. Web.
Meiners, Roger E., Ringleb, Al H., and Edwards, Frances L. The Legal Environment of Business. New York: Cengage Learning, 2008.
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