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“The Constitution of the United States of America is the supreme law of the land.” (Cheeseman, 2007, p. 9). No law, federal, state, or local may conflict with the United States Constitution; and therefore, any law found to conflict with the U.S. Constitution will be deemed unenforceable. According to Cheeseman, 2007,
The U.S. Constitution serves two major functions:
In addition, the Constitution may be amended to address social and economic changes. Within a federalism form of government, such as ours, the federal government and the 50 state governments share powers. When the states ratified the Constitution, they delegated certain powers to the federal government, called enumerated powers.
The federal government is authorized to deal with national and international affairs. Any powers that are not specifically delegated to the federal government by the Constitution are reserved to the state governments and state governments are empowered to deal with local affairs (Cheeseman, 2007, p. 50).
Although sometimes more detailed, individual states also have their own constitutions that are often patterned after the U.S. Constitution. State constitutions also establish “… legislative, executive, and judicial branches of state government and establish the powers of each branch. Provisions of state constitutions are valid unless they conflict with the U.S. Constitution or any valid federal law” (Cheeseman, 2007, p. 9).
United States Legal System in Business Regulation
Operating a business within the United States subjects that business to the laws of the United States. Cheeseman (2007) states,
Businesses that are organized in the United States are subject to its laws. They are also subject to the laws of other countries in which they operate. Businesses organized in other countries must obey the laws of the United States when doing business here. In addition, businesspeople owe a duty to act ethically in the conduct of their affairs, and businesses owe a responsibility not to harm society. (p.2)
The checks and balance system refers to the three branches of government; Legislative, Judicial, and Executive. Checks and balances is “A system through which the U.S. Constitution prevents any one of the three branches of the government from becoming too powerful” (Cheeseman, 2007, p. 50). Each branch checks the other and assures that power is balanced between them. For example, the legislative branch can make a law, the executive branch can veto that law, and the judicial branch may determine that the law is unconstitutional; therefore keeping it from becoming a law. Judges are appointed by the executive branch, but approved by the legislative branch.
Constitutional Right: Affects on Business
Recently, many states and cities have implemented smoking bans in public areas such as restaurants and bars. In Minnesota, a statewide smoking ban took effect on September 30, 2007. The Minnesota law applies to bars, restaurants, and private clubs. This change in the law has negatively affected some of the business in many bars. There is however, a “loophole” in the Freedom to Breathe Act discovered. The loophole states that smoking is allowing in public places as long as there is a theater performance. Mark Benjamin, an attorney from Cambridge who initiated the event, said, “These people are actors and this is the stage.” (Clark, 2008, para. 4). All the patrons in the bar are considered actors and their cigarette is a prop, which is how the loophole works.
Cheeseman., H. R. (2007). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues (5th ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Clark, V. (2008, February 12). The Art of Lighting up. Isanti County News. Retrieved from http://isanticountynews.com/index.php?option=com_content&task=view&id=2686&Itemid=1
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