Chapter 4 - Constitutional Authority To Regulate Business Flashcards
(17 cards)
Checks and balances
The system of checks and balances allows each branch to limit the actions of another two branches thus preventing anyone branch from exercising too much power
Congress Branch
The President Branch
Bill of rights
The first 10 of these amendments commonly known as the Bill of Rights were adopted in 1791 and embodied a series of protections for the individual against various types of interfaces by the federal government
Commerce clause
The commerce clause provides the basis for the national governments extensive regulation of state and even local affairs
Due process clause
The fifth and 14th amendments provide that no person shall be deprived of life liberty or property without due process of law
Equal protection clause
Equal protection means that the government cannot enacted laws that treat similarly situated individuals differently
Separation establishment clause
The first amendment, has to do with the separation of church and state
Federal form of government
In which the national government and the state share sovereign power
Filtering software
Requires public schools and libraries to install filtering software to keep children from accessing adult content
Free exercise clause
Free exercise of religious practices
Full faith and credit clause
Applies only to civil matters it ensures that the rights established under deeds wills contracts and similar instruments in one state will be honored by all states
Police powers
State regulatory powers are often referred to police powers
Preexemption
When Congress chooses to act exclusively in an area in which the federal government and the states have concurrent powers
Privileges and immunities clause
It prevents a state from imposing unreasonable burdens on citizens of another state, particularly with regard to means of livelihood or doing business
Probable cause
Trustworthy evidence
Search warrant
On order from a judge or other public official authorizing the search or seizure
Supremacy clause
Provides that the laws of the United States are the “supreme law of the land”
Symbolic speech
Gestures movements articles of clothing and other forms of expressive conduct is also given substantial protection by the courts