The Constitution and Its Application to Business

The United States Constitution is the supreme law through which Americans abide, and apart from affording rights to citizens, it provides rights to businesses. The constitution also provides a framework for the federal government’s role, and one of the powers is the regulation of interstate commerce. Article 1, section 8 of the United States Constitution contains the commerce clause through which congress gets the power to control commerce with foreign nations, among the several states, and also Indian tribes (Glover, 2018, para 16). The government needs to play an active role in Interstate commerce because this ensures uniformity in the rules that control the movement of goods across State lines (Glover, 2018, para 17). Uniformity, as a result of the federal government’s active role, also enables simpler trade practices.

The United States Constitution provides the right to free speech in the first amendment. The extent to which businesses can exercise this right is under the discretion of the United States Judicial system. Corporate speech refers to a business entity’s right to advertise its products and services or address matters of public interest. This is a right that is accorded to businesses by law. Commercial speech refers to advertising and political speeches and contributions by businesses, and this right for businesses is also protected under federal law (Glover, 2018, para 32). However, limitations on this right to free speech may arise if the speech infringes on other individuals’ rights. It is normally up to the courts’ discretionary mandate where the limits of free speech on business entities lie. This active involvement by the government will protect not only the business entities but the public as well.

Reference

Glover, W. (2018). The constitutional environment of business. Web.

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