The American Constitution in Business Protection Sample Essay
Discuss how these section of the Constitution or its amendments both limit and protect business in general. Give an example
1st Amendment
14th Amendment
5th Amendment
The American Constitution
How the First Amendment Both Limit and Protect Business In General
In some ways, the 1st amendment does protect business entities. Nonetheless, the amendment does not limit business operations. Rather, the first amendment fails in some ways to protect business units. The 1st amendment protects corporate entities in at least two main ways. Foremost, the amendment allows corporate entities to participate in political speech (Advertising Is Protected by the First Amendment, 2014). This means that corporate entities can advocate for concerns that relates to the success of their businesses. Secondly, and perhaps more significantly, the first amendment protects advertisement as an integral component of freedom of speech (Advertising Is Protected by the First Amendment, 2014). The federal government cannot inhibit advertisement unless it has substantial interest to do so or the regulations of the government are limited. The American Constitution in Business Protection Sample Essay. Nonetheless, the 1st amendment fails to protect business organizations in some ways. For instance, there are instances in which the government is allowed to control advertising. The government prohibits advertising certain types of products including liquor and cigarettes (Advertising Is Protected by the First Amendment, 2014). In addition, the 1st amendment does not protect business units that conduct misinforming advertisement. Consequently, the 1st amendment does protect businesses in various ways, but fails in others.
How the Fifth Amendment Both Limit and Protect Business In General
The 5th amendment provides that ?no person shall be compelled to answer for a capital or infamous crime, unless on a indictment or a presentation of a grand jury, except in cases that arise in the militia, or in the naval or land forces, when the actual public danger or service in time of war; nor shall be held to answer in any criminal proceeding to be a witness against self??(Legal Information Institute n.d). The American Constitution in Business Protection Sample Essay. In this sense the 5th amendment grand juries for capital offenses, a prohibition against needed self- incrimination, a prohibition against double jeopardy, a promise that the state wont seize private property without compensating market value. The 5th amendment through the ?just compensation clause? prohibits the government from ?taking? private property without compensating the property owner at market value.
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Unless, a statute provides so, the state does not have to compensate the property owner attorney?s fees. For example, in the case of ?City of New Londy v. Kelo? the Supreme Court argued that a city could seize propertyowned private for private commercial use (Legal Information Institute n.d).
How the Fourteenth Amendment Both Limit and Protect Business In General
Prior to the ratification of the U. S constitution, the 14th amendment was drafted to ease several concerns harbored by the American public. The Dred Scott and the City of Baltimore v. Barron played a significant role that influenced the framers of the 5th amendment. In the City of Baltimore v. Barroncase, a Maryland wharf owner suited the city of Baltimore for violating the 5th amendment which protects private property from being seized by the state without just compensation. The 14th amendment forbids any state from offering less protection to residents(FindUSlaw. 2014). The American Constitution in Business Protection Sample Essay. Notwithstanding, the Supreme Court has limited the application of the 14th amendment by offering only negligible protection against the state government and federal government. For example, the court argued against a group of butchers who had brought a case against the state of Louisiana in 1873 in order for the court to grant orders for a local slaughterhouse monopoly to be invalidated. The butchers had argued that state ? controlled monopoly had violated their immunities and privileges to pursue meaningful employment free from restrictive laws(FindUSlaw. 2014).
References
?Advertising Is Protected by the First Amendment? (2014). Retrieved 17 may 2014 from: http://www.lawpublish.com/amend1.html
FindUSlaw (2014).?US Constitution ? 5th and 14th Amendments.? Retrieved 17 may 2014 from:http://finduslaw.com/us-constitution-5th-14th-amendments
Legal Information Institute. ?Fifth Amendment: An Overview.? Retrieved 17 may 2014 from:http://www.law.cornell.edu/wex/fifth_amendment
The American Constitution in Business Protection Sample Essay
