Ch. 4 - Constitutional Law

Question 0

Federal Constitution

Answer 0

• Seven articles. - 1. Legislative Branch: Congress.
• 2. Executive
• 3. Judiciary
• 4. Relations between states & federal. - 5. Amendment. - 6. Misc. matters. - 7. Ratification

Question 1

Constitution

Answer 1

• Establishes a government’s structure. - Defines its political relations. - Defines its rights and authorities.

Question 2

The Bill of Rights

Answer 2

• Refers to the first 10 amendments. - These were not originally part of the Constitution

Question 3

Preemption

Answer 3

• Constitutional Federal laws preempt ( prevents or overrides ) state laws on the same subject if: - The law says so OR - The state law is inconsistent

Question 4

Judicial Review

Answer 4

• Invented in the case Marbury vs. Madison. - All government action is reviewable by the courts for constitutionality. - Any government action that is unconstitutional can be voided by the courts. - The supermen court is the final arbiter of constitutionality.

Question 5

Selective Incorporation

Answer 5

• Bill of Rights that were fundamental to ordered liberty were incorporated into the state by state law by the 14th Amendment.

Question 6

State Action

Answer 6

• With one exception, only the actions of government can be unconstitutional - This has expanded to include private actions where the government is somehow involved.

Question 7

The Commerce Clause

Answer 7

• Is one of the main reason the Constitution was written. - It gives the Federal Government the power to regulate interstate & international commerce. - It is the chief means of giving Federal Government control over the economy.

Question 8

The Commerce Clause & State Laws

Answer 8

• State laws that burden interstate commerce can be overturned factors: - Necessity of the regulation. - Burden placed on IC. - Extent it discriminates against IC.

Question 9

Limits on the Federal Power to Tax

Answer 9

• All direct taxes must be evenly apportioned amount the states. • All custom duties must be uniform throughout the states. • No duties can be levied from any state.

Question 10

Eminent Domain

Answer 10

• Originally was the power to use private property for public use. • Has been expanded to the power to take any private property for public purposes.

Question 11

The Contract Clause

Answer 11

• Is the main body of the Constitution. • Is the second main reason we have a constitution. • No state can impair the obligation of contracts.

Question 12

1st Amendment Right of Free Speech

Answer 12

• Is not absolute. Certain speech can be punished or forbidden. - Obscenity. - Incitement to crime • It applied to individuals and business • Commercial as well as political speech is protected.

Question 13

Private Limitation on Speech

Answer 13

• Private parties can sue when another exercise of free speech harms them. • The most common example is defamation.

Question 14

The Sullivan Rule

Answer 14

• Puts a constitutional limit on celebrities ability to win defamation suits. - Public officials & public figures cannot win defamation suits with proving knowledge of falsity or reckless disregard of the truth.

Question 15

Due Process

Answer 15

• The 5th Amendment created due process. • The 14th Amendment created state due process.

Question 16

Procedural Due Process

Answer 16

• Procedural due process is ancient & provides that people shall not be deprived of life, liberty, or property without fair procedures.

Question 17

Substantive Due Process

Answer 17

• Substantive de process is a recent invention. It voids government action that is. Inconsistent with ordered liberty

Question 18

Equal Protection

Answer 18

• Does NOT require that the government treat all classes of people equally. • Every law dealing with people discriminates between classes of people. ex: drinking age, outlawing theft, selective service

Question 19

The Rational Relationship Test

Answer 19

• This is the most common test by far. It’s used whenever the other two test don’t apply. • A classification is OK as long as it has some rational relationship to a legitimate government interest.