Chapter 4: Business and the Constitution Flashcards
(17 cards)
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. For instance, state governments have the authority to regulate affairs within their border.
Police Powers
Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
Privileges and immunity clause
Article IV, Section 2, of the Constitution requires states not to discriminate against one another’s citizens. A resident of one state cannot be treated as an alien when in another state; he or she may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights.
Full Faith and Credit Clause
A clause in Article IV, Section 1, of the Constitution that provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State.” The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.
Checks and Balances
The system by which each of the three branches of the national government (executive, legislative, and judicial) exercises checks on the powers of the other branches.
Commerce Clause
The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.
preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
bill of rights
The first ten amendments to the U.S. 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.
Compelling government speech
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.
The establishment Clause
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law “respecting an establishment of religion.”
The 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.
Search Warrent
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
Probable Cause
Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.
Due Process Clause
The provisions of the Fifth and Fourteenth Amendments to the 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 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.
