Summary Of Chapter 5 The Constitution For Business Managers

Chapter 5: The Constitution for Business Managers

The framework of all nations is embodied in its constitution, which regulates the powers of the government (federal and states) and secures numerous rights for citizens. One of the basic elements in the Constitution of the US is to establish three independent branches (legislative, executive and judicial) of the federal government, each with its own predominant and independent power. It means that “no branch can encroach on the power of another”. Another basic element can be found in the Amendments to the Constitution, especially the first 10 which are known as the Bill of Rights. They are designed to establish and protect individuals’ rights against federal government.

Based on the statement

In case 5-1 and 5-5, it is clearly recognized that separation of powers is aimed at making fair decisions while the Fourth Amendment provides citizens with the rights to fight for privacy, freedom and rational results. Considering the system of checks and balances, in both cases, especially the judicial branch and the executive branch influence mutually to reach a balance of power. Similarly, the Fourth Amendment tries to protect whatever citizens against the federal government. Analysis of case 5-1 and 5-5 are given in the rest of the text.

In case 5-1, president Clinton was charged to make sexual harassment to the plaintiff. As Clinton had the executive power of presidential immunity, his personal lawyers had asked the Court to recognize a limited new brand of Presidential immunity from liability, requesting a delay in all proceedings until Mr. Clinton leaves office, which was denied by the court, thus giving rise to the controversy of power using. The explanation of presidential immunity shows that

The ultimate goal of this provision is to protect people’s rights to privacy and freedom from arbitrary governmental intrusions. As a public character, the influence of the president is far from imagination. The words of plaintiff and the judgment of the court would greatly affect the president’s reputation, efficiency, etc. It refers to the privacy. Even though these deeds are not against the law, it drags on the appearance of media, which could harm president’s daily life. The motion of delay the trial date is based on the Fourth Amendment. Case 5-5 is alike. The action of the detective before getting the warrant impacts the defendant’s privacy, property and freedom. As a result, the defendant defended with the Fourth Amendment, which proves that warrantless searches of private premises are mostly prohibited unless there are justifiable exceptions. And a dog-sniff inspection in invalid under the Fourth Amendment if the inspection violates a reasonable expectation of privacy. In consequence, even though people think that the deed of making marijuana is against the law, the court cannot judge the