Chapter 2. Flashcards
(15 cards)
Separation of powers
Power divided into 3 branches of gov.
Legislative
Executive
Judicial
Checks and balances
Power of one branch over the other branches
Federalism doctrine
Power shared among different levels of gov.
Federal (delegated) powers
Commerce clause Necessary and proper clause Supremacy clause Preemption doctrine Powers of congress
State (retained) powers
10th amendment. State police powers doctrine Dormant commerce clause doctrine Supremacy clause Preeemption doctrine
Commerce clause
Congress power to regulate commerce with foreign nations and among the several states and Indian tribes
Most relevant clause
Dormant commerce clause doctrine
Limits states ability to regulate where state law places an undue burden on interstate commerce
Supreme clause/preemption doctrine
Limits states ability to regulate where federal law and state law are in conflict
Incorporation doctrine
14th amendment
Court extension of protections in federal constitution to the states
Equal protection clause
No state shall deny equal protection of the law to anyone
Due process clause
A safeguard from denial of life liberty or property by the govt. outside the sanction of law
First amendment
Freedom of speech
First amendment limitations
Speech of civil Tort Verbal threats Obscene speech False Advertising Copyright laws
Free exercise clause
Prohibits undue government restrictions on an individuals rights to practice their religion
Establishment clause
Prohibits government from showing favor to one religion
