Chapter 2 Terms Flashcards
(15 cards)
Confederal Form of Government
states have the authority to govern themselves and national government can exercise only limited powers
Federal Form of Government
a system of government in which the states form a union and the sovereign power is divided between a central government and the member states
Sovereignty
the quality of having independent authority over a geographic area
Police Powers
powers possessed by states as part of their inherent sovereignty
Preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Bill of Rights
first ten amendments to the US Constitution
Symbolic Speech
Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment’s guarantee of freedom of speech.
Privileges and Immunities Clause
prevents a state from imposing unreasonable burdens on citizens of another state.
Article IV Section 2 of the US Constitution
Full Faith and Credit Clause
Article IV, Section 1, of the U.S. Constitution provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
Commerce Clause
Clause: Article I, Section 8 of the US Constitution that gives Congress the power to regulate interstate commerce.
Supremacy Clause
Article VI of the US constitution provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.” Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.
Compelling Government Interest Test
A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.
Free Exercise Clause
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law “prohibiting the free exercise” of religion.
Due Process Clause
The provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.
Equal Protection Clause
The provision in the Fourteenth Amendment to the U.S. Constitution that guarantees that no state will “deny to any person within its jurisdiction the equal protection of the laws.” This clause mandates that state governments treat similarly situated individuals in a similar manner.
