Ch. 4: Constitutional Law

Question 1

Federalism

Answer 1

The division of governing power between the federal government and the states.

Question 2

Supremacy Clause

Answer 2

Federal law takes precedence over conflicting state law.

Question 3

Federal preemption

Answer 3

Right of federal government to regulate matters within its power to the exclusion of regulation by the states.

Question 4

Judicial review

Answer 4

-power of the courts to determine the constitutionality of any legislative or executive act.

Examination of government actions to determine whether they conform to the U.S. Constitution.

Question 5

Separation of powers

Answer 5

Allocation of powers among executive, legislative, and judicial branches of government.

Question 6

State action

Answer 6

-actions by governments as opposed to actions taken by private individuals.

Any actions of the federal and state governments, and their subdivisions, such as city or county governments and agencies.

e.g. Only the 13th Amendment, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.

Question 7

Federal commerce power

Answer 7

Exclusive power of the federal government by the U.S. Constitution to regulate commerce with other nations and among the states.

Question 8

State regulation of commerce

Answer 8

The Commerce Clause of the Constitution restricts the states’ power to regulate activities if the result obstructs interstate commerce.

Question 9

Federal Fiscal Powers: Taxation and spending

Answer 9

The Constitution grants Congress broad powers to tax and spend; such powers are important to federal government regulation of the economy.

Question 10

Powers of Government: Borrowing and coining money

Answer 10

Enables the federal government to establish a national banking system and to control national fiscal and monetary policy.

Question 11

Powers of Government: Eminent domain

Answer 11

The government’s power to take private property for public use with the payment of just compensation.

Question 12

Limitations of Government: Contract clause

Answer 12

Restricts states from retroactively modifying contracts.

Question 13

Limitations on Government: Freedom of speech

Answer 13

First Amendment protects most speech by using a strict scrutiny standard.

Question 14

Corporate political speech

Answer 14

First Amendment protects a corporation’s right to speak out on political issues.

Question 15

Commercial speech

Answer 15

Expression related to the economic interests of the speaker and its audience; such expression receives a lesser degree of protection.

Question 16

Defamation

Answer 16

A tort consisting of a false communication that injures a person’s reputation; such a communication receives limited constitutional protection.

Question 17

Due process

Answer 17

Fifth and Fourteenth Amendments prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law.

Question 18

Substantive due process

Answer 18

Determination of whether a particular government action is compatible with individual liberties.

Question 19

Procedural due process

Answer 19

Requires the government decision making process to be fair and impartial if it deprives a person of life, liberty, or property.

Question 20

Equal protection

Answer 20

Requires that similarly situated persons be treated similarly by government actions.

Question 21

Rational relationship test

Answer 21

requirement that the regulation bears a rational relationship to a legitimate government interest that the regulation will attempt to further.

Question 22

Strict scrutiny test

Answer 22

exacting standard of review applicable to regulation affecting a fundamental right or involving a suspect classification.

Question 23

Intermediate test

Answer 23

standard of review applicable to regulation based on gender and legitimacy.

e.g. The Supreme Court invalidated an Alabama law that allowed courts to grant alimony awards only from husbands to wives and not wives to husbands.

Question 24

Liberty

Answer 24

Ability of individuals to engage in freedom of action and choice regarding their personal lives.

Question 25

Property

Answer 25

Includes real property, personal property, and certain benefits (entitlements) conferred by the government, such as social security payments and food stamps.