Chapter 5-Vocab

Question 0

The articles of confederation

Answer 0

These articles gave central government no real power. States governed themselves

Question 1

The Framers of the Constitution

Answer 1

Founding Fathers

Question 2

Federalist

Answer 2

People who urged a strong central government

Question 3

Antifederalist

Answer 3

Feared a powerful central government

Question 4

The Bill of Rights

Answer 4

The first ten amendments guaranteeing many liberties directly to citizens

Question 5

The power of the purse

Answer 5

Authority to raise and spend money

Question 6

The commerce clause

Answer 6

Gives congress the power to regulate commerce with foreign nations and among states

Question 7

International commerce

Answer 7

Exclusive power only federal government may regulate it

Question 8

Domestic commerce

Answer 8

Concurrent power both congress and states can regulate it

Question 9

Positive aspect

Answer 9

Congress is authorized to regulate interstate commerce

Question 10

Negative/dormant commerce

Answer 10

A limit on the states. The power of the states to regulate interstate commerce is severely restricted

Question 11

Substantial effect rule

Answer 11

Congress may regulate any activity that has a substantial economic effect on interstate commerce

Question 12

Supremacy clause

Answer 12

Makes the constitution and federal statutes and treaties the supreme law of the land

Question 13

Preempts

Answer 13

If there a is a conflict between federal and states statutes, the federal law controls the issue. State law is void

Question 14

The power of judicial review

Answer 14

The power of federal courts to declare a statute or governmental action in constitutional and void

Question 15

Judicial activism

Answer 15

A courts willingness to be involved in major issues

Question 16

Judicial restraint

Answer 16

A courts attitude that it should leave lawmaking to legislators

Question 17

Political speech

Answer 17

Protected unless it is intended and likely to create imminent lawless action

Question 18

Obscenity

Answer 18

Not protected by constitution, must prove three facts

Question 19

Commercial speech

Answer 19

Communication, such as ads, that has the dominate theme of proposing a business transaction

Question 20

Procedural due process

Answer 20

Ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action

Question 21

The taking clause

Answer 21

Prohibits a state from taking private property for public use without just compensation

Question 22

Eminent domain

Answer 22

The power of the government to take private property for public use

Question 23

Substantive due process

Answer 23

Holds that certain rights are so fundamental that the government may not eliminate them

Question 24

Fundamental rights

Answer 24

Rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional

Question 25

Equal protection clause

Answer 25

Generally requires the government to treat people equally

Question 26

Minimal scrutiny

Answer 26

Economic and social relationship. Almost always upheld

Question 27

Intermediate scrutiny

Answer 27

Gender. Sometimes upheld

Question 28

Strict scrutiny

Answer 28

Ethnicity, race, and fundamental rights. Never upheld