chapter 2

Question 1

Note that the due process clause applies to “legal persons” (that is, _______), as well as to individuals

Answer 1

corporations

Question 1

When a law or action limits the liberty of SOME persons but not others, it may violate which clause?

Answer 1

equal protection clause

Question 2

our government’s power is divided between __________ & _________ governments

Answer 2

national, state

Question 3

Power to govern themselves stems from the 10th amendment is called what?

Answer 3

sovereignty

Question 4

police powers are ______ regulatory powers

Answer 4

state

Question 5

the right of state governments to regulate private activities to protect or promote the public order, health, safety, morals, and the general welfare is…

Answer 5

police powers

Question 6

which clause protects citizens of one state to be able to engage in basic and essential activities in another state??

Answer 6

privileges and immunities clause

Question 7

which clause protects American legal rights as they go from state to state? EX) Deeds, wills, contracts etc made in one state will be honored in other

Answer 7

full faith & credit clauset

Question 8

t/f: the full faith & credit clause only applies to civil matters

Answer 8

true

Question 9

what are the 3 branches of government?

Answer 9

Legistlative (makes laws)
Executive (enforces laws)
Judicial (interprets laws)

Question 10

The commerce clause is _______ only.

Answer 10

federal

Question 11

what does the commerce clause prevent?

Answer 11

states from making laws that interfere with trade & commerce

Question 12

the commerce clause today authorizes the fed to regulate _______ enterprise

Answer 12

commercial

Question 13

the dormant commerce clause says that the states DON’T have the authority to regulate _______ commerce. Only the national government can.

Answer 13

interstate

Question 14

what is preemption?

Answer 14

when the federal congress chooses to act exclusively in an area of the law that could be viewed as a concurrent area

Question 15

what is a concurrent area?

Answer 15

an area that could be controlled by state or federal law

Question 16

The Supremacy Clause & Federal Preemption states that US Constitution, laws and treaties are…

Answer 16

“supreme law of the land”

Question 17

if there’s conflict between federal & state law, the ______ law controls

Answer 17

federal

Question 18

Which power allows congress to tax, but must be uniform throughout the US?

Answer 18

taxing power

Question 19

what is it called when Congress can pay debts & provide for defense and general welfare of the US?

Answer 19

spending power

Question 20

who is the final interpreter of the constitution?

Answer 20

US Supreme Court

Question 21

The 1st amendment gives us the right to…
it can include…

Answer 21

voice our opinion, symbolic speech

Question 22

Expression (oral, written, or symbolized by conduct, is subject to…

Answer 22

reasonable restrictions

Question 23

_____ ________ restrictions can control time and place, but not what they say or do

Answer 23

content neutral

Question 24

laws that restrict content of speech must serve a _________ state of interest and be _________ written to achieve that interest

Answer 24

compelling, narrowly

Question 25

political speech by corporations that fall under the 1st amendment is called what?

Answer 25

corporate political speech

Question 26

what is commercial speech?

Answer 26

the speech of a business ex) advertising or labelling

Question 27

which speech is protected but not as much as normal speech?

Answer 27

commercial speech

Question 28

what are the 4 reasons restriction on commercial speech might be okay?

Answer 28

1) lawful & not misleading 2) law implements a reasonable fit 3) law advances the interest 4) law goes no further than necessary to accomplish the objective

Question 29

what are some examples of unprotected speech?

Answer 29

defamation, lewd & obscene speech, threatening speech

Question 30

what is an example of lewd & obscene speech?

Answer 30

child pronography

Question 31

what is threatening speech?

Answer 31

words that are likely to incite others to respond violently or put others at risk

Question 32

which clause prohibits the government from establishing your religion? the government can't pass laws that promote religion or show a preference for one religion over another.

Answer 32

establishment clause

Question 33

federal or state regulation can have an impact on religion as long as it doesn't place...

Answer 33

a significant burden on religion

Question 34

does the 1st amendment require a complete separation of church and state?

Answer 34

no

Question 35

which clause protects us and our faith, allowing people to hold whatever religious beliefs they want?

Answer 35

free exercise clause

Question 36

t/f: if religious beliefs work against public policy, the government can act

Answer 36

true

Question 37

which amendment protects the right of the people to be secure in their persons, houses, papers, and effects?

Answer 37

4th amendment, protects search and seizure

Question 38

what do government officials need in order to search/seize a property?

Answer 38

search warrant

Question 39

to obtain a warrant, an office must have...

Answer 39

probable cause (trustworthy evidence)

Question 40

what are the 3 exceptions to search warrant requirements?

Answer 40

1) if it's likely the items will be removed before the warrant can be obtained 2) plain view 3) consent

Question 41

less probably cause is required when it comes to searches of ________

Answer 41

business

Question 42

is a warrant necessary if seizing spoiled or contaminated food, or searching a highly regulated industry?

Answer 42

no

Question 43

which amendment protects from self incrimination?

Answer 43

5th amendment

Question 44

the 5th amendment applies to ______ _______ and _________ ___________

Answer 44

sole proprietors, solo practioners

Question 45

the 5th amendment DOES NOT apply to ________ or to _______________

Answer 45

corporations, partnerships

Question 46

what are the 2 types of due process?

Answer 46

procedural due process, substantive due process

Question 47

procedural due process focuses on the _______ used when the government takes life, liberty, or property

Answer 47

procedures

Question 48

under procedural due process they must give the person...

Answer 48

notice or ability to explain

Question 49

what does substantive due process focus on?

Answer 49

the content of legislation or governmental action

Question 50

substantive due process is subject to...

Answer 50

standards of review

Question 51

what are the 3 types of standards of review (tests)?

Answer 51

strict scrutiny, intermediate scrutiny, rational basis

Question 52

what are standards of review?

Answer 52

tests that the courts require the government to pass when a law allegedly violates due process and equal protection rights

Question 53

which standard depends on the TYPE OF LEGISLATION involved?

Answer 53

strict scrutiny test

Question 54

legislation restricting a "fundamental right" gets applied strict scrutiny which is when a _______ or _________ governmental interest must be promoted by the legislation

Answer 54

compelling, overriding

Question 55

if no fundamental right is there, the ________ _______ test is used

Answer 55

rational basis

Question 56

the rational basis test requires that legislation relate rationally to a _________ governmental purpose

Answer 56

legitiate

Question 57

what does the 14th amendment protect?

Answer 57

equal protection, that similarly stated individuals must be treated in a similar way under gov. policies & rules

Question 58

what applies when the law or government action limits the liberty of ALL persons to do something?

Answer 58

substantive due process

Question 59

what applies when the law or government action limits the liberty of SOME persons, but not others?

Answer 59

equal protection

Question 60

Name the standard of review: government must have a COMPELLING INTEREST promoted by the legislation and the law must be NARROWLY TAILORED. applies when the government action involves: a. fundamental rights b. "suspect class"

Answer 60

strict scrutiny test

Question 61

Name the standard of review: government action must be SUBSTANTIALLY RELATED to important government objectives. applies when the gov. action involves a. gender b. legitimacy (birth status)

Answer 61

intermediate scrutiny test