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Flashcards in Chapter 4 Deck (36):
1

U.S. Constitution

The fundamental law of the United States of America. It was ratified by the states in 1788.

2

Federalism

The U.S. form of government, in which the federal government and the 50 state governments share powers.

3

Enumerated powers

Certain powers delegated to the federal government by the states.

4

Legislative branch

The part of the U.S. government that makes federal laws. It is known as Congress (the Senate and the House of Representatives).

5

Executive Branch

The part of the U.S. government that enforces the federal law. It consists of the Supreme Court and other federal courts.

6

Judicial Branch

The part of the U.S. government that interprets the law. It consists of the Supreme Court and other federal courts.

7

Checks and balances

A system built into the U.S. Constitution to prevent any one of the three branches of the government from becoming too powerful.

8

Supremacy Clause

A clause of the U.S. Constitution which establishes that the U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

9

Preemption doctrine

The concept that federal law takes precedence over state or local law.

10

Commerce Clause

A clause of the U.S. constitution that grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes.

11

Interstate Commerce

Commerce that moves between states or that affects commerce between states.

12

Police Power

Power the permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

13

Unduly Burden Interstate Commerce

A concept which says that states may enact laws that protect of promote the public health, safety, morals, and general welfare, as long as the laws do not unduly burden interstate commerce.

14

Bill of Rights

The first 10 amendments to the Constitution, which were added to the U.S. Constitution in 1791.

15

Freedom of Speech

The right to engage in oral, written, and symbolic speech protected by the First Amendment.

16

Offensive Speech

Speech that is offensive to many members of society. It is subject to time, place and manner restrictions.

17

Commercial Speech

Speech used by businesses, such as advertising. It is subject to time, place, and manner restrictions.

18

Unprotected Speech

Speech that is not protected by the First Amendment and may be forbidden by the government.

19

Obscene Speech

Speech that (1) appeals to the prurient interest, (2) depicts sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.

20

Establishment Clause

A clause to the First Amendment that prohibits the government from either establishing a state religion or promoting one religion over another.

21

Free Exercise Clause

A clause to the First Amendment that prohibits the government from interfering with the free exercise of religion in the United States.

22

Fourteenth Amendment

An amendment added to the U.S. Constitution in 1868 that contains the Due Process, Equal Protection, and Privileges and Immunities clauses.

23

Equal Protection Clause

A clause which provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws."

24

Strict Scrutiny Test

A test that is applied to classifications based on race.

25

Intermediate Scrutiny Test

A test that is applied to classifications based on protected classes other than race (e.g. sex, age).

26

Rational Basis Test

A test that is applied to classifications not involving a suspect or protected class.

27

Due Process Clause

A clause which provides that no person shall be deprived of "life, liberty, or property" without due process of the law.

28

Substantive Due Process

A category of due process which require that government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope.

29

Fourteenth Amendment

An amendment added to the U.S. Constitution in 1868 that contains the Due Process, Equal Protection, and Privileges and Immunities clauses.

30

Equal Protection Clause

A clause which provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws.

31

Intermediate Scrutiny Test

A test that is applied to classifications based on protected classes other than race (e.g. sex, age).

32

Rational Basis Test

A test that is applied to classifications not involving a suspect or protected class.

33

Due Process Clause

A clause which provides that no person shall be deprived of "life, liberty, or property" without due process of the law.

34

Substantive Due Process

A category of due process which requires that government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope.

35

Procedural Due Process

A category of due process which requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty, or property.

36

Privileges and Immunities Clause

A clause that prohibits states from enacting laws that unduly discriminate in favor of their residents.