Role of the United States Constitution Paper

Role of the United States Constitution Paper

University of Phoenix

Business Law

BUS 415

G Alan Williams

Manuel Rose

Sept 1 2008

Role of the United States Constitution Paper

Introduction, The United States Constitution plays an important role in business regulation through the article 1, Section 8, Clause 3 or the Commerce Clause. This clause give the Congress the sole authority to manage commerce between the states, with foreign countries and tribes(Fallon Richard H & Fallon, Richard H, JR 2004),. It has been held by the courts that each of these three areas constitute a separate power granted, to the Congress. The US Constitution Fourteenth Amendment, Section 1 provides regulation of business enterprises, rates, charges, and conditions of service (Beard CA, 2004) today more than ever, important for employers to protect themselves and their employees from injury and violation of rights.

My employer Foxwoods Casino is currently preparing to enter into contract negotiations for the next five years. Several issues that need to be decided one of which to institute a policy of random alcohol and drug screening for their employees. Another of the issues that Foxwoods Casino would like to include in the negotiations is the ability to discharge employees without warning for serious offenses. This paper will discuss the constitutional rights of the employee versus those of the employers concerning these issues.

According to Mashantucket Pequot Court of Appeals (2000), Foxwoods substance and alcohol abuse and Drug Testing Policy (1997) Drug Testing Policy” adopted by the Mashantucket Pequot Tribal Nation provides in relevant part if Foxwoods Resort Casino has a reasonable suspicion that an employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee’s job performance.(p.5.).

According to Mashantucket Pequot Court of Appeals (2000) Foxwoods drug testing policy “prohibits any employee from having, selling,...