Chapter 5 Constitutional Principles Flashcards
U.S. Constitution role?
Set forth framework of government system ( federalism) the nation by establishing the system to divide power between federal and states, and three branches of government ( legislative, executive and judicial branches)
Establish check and balance
10th amendment - federal won’t take power away from state
How is check and balance works?
Legislature branch pass law, president can veto it, the legislature can overturn president by passing voted of 2/3 by members of Congress.
If Congress pass a bill the president sign it, the judiciary can strike it down as unconstitutional.
Where is the Supremacy Clause located?
What is commerce clause?
Article four of the Constitution, provide the Constitution, laws and treaties of US constitute the supreme law of land.
Federal regulation of business, locate un Article one, S. 8 of Constitution. States US Congress has power to regulate Commerce with foreign nations, and among states and Indian Tribes.
Concurrent authority
Both federal and state government have authority over subject
If federal decide to regulate that area exclusively, it is called federal preemption.
Fourth amendment
Protecting citizens the right to be secure in their homes and property. Such as policy can’t search homes without a warrant.
Besides that, it also protect corporations and places of business.
First amendment
Freedom of speech and assembly ( including political speech)
Second amendment
Right to bear arms
Third
Can’t house soldiers during peace or war time in private homes
Sixth
Legal issues related to accuse or sentence citizens, give them enough freedom to defend for themselves, and having attorneys to help them.
Fifth
Related to legal issues, make sure citizens have rights to have a fair proceeds ( due process- procedural due process ( gov. Use fair procedures, substantive- fairness of law)
When gov take private place for public use, must pay fair value use of the space called talkings clause.
Contains due process clause
Seven
Monetary value exceed $20, can trial by jury
Eighth
Bail out price is not outrageous
Prohibit excessive fines and crucial punishments
Nine
Can retain other rights besides the ones in the Bill
Privacy rights
Tenth
Power does not give to federal then will be served to the state
Fourteenth amendments
Equal protection clause- gov, treat all citizens equally
Tax and spend clause is in what section?
Article 1 section 8
Privileges and immunities
Prohibit state to discriminate against citizens from out of state
Dormant commerce law
休眠电子商务法
State can’t pass law to
Where to find full faith and credit clause?
What about privileges and immunities clause?
Tax and spend clause? Commerce clause?
Article four, section one
Article four, section two
Article one, section eight, same for commerce clause
Government can’t deprive (剥夺）one life, liberty or property without?
Due process (正当程序） Takes two forms: procedural and substantive
What does contract clause say?
No law can be passed that will unreasonably interfere with existing contracts ( in article one)
Obscene speech
淫秽言论
Suspect classification las strict scrutiny review in?
Hate speech satisfied the definition of fighting words
A compelling state interest is promoted
What is a courts power to review actions of other branches of government or lower court’s findings?
The process of judicial
Most law passes with rational basis review
