Chapter 6 Flashcards
(29 cards)
Federalism
separation of powers between federal and state/local governments
Supremacy Clause
-Constitution is supreme under all laws
-State Law is invalid if it conflicts with Federal Law
Preemption
-allows higher level to limit or eliminate lower level of government to regulate a specific issue.
Interstate commerce
commerce that passes across state lines
Intrastate Commerce
Commerce that stays within a single state
State Police Powers
not limitless, intrastate
Dormant Commerce Clause
states can’t enact legislation that Unduly Burdens or discriminates against interstate commerce.
Contract Clause
States cannot enact laws that impact rights and duties under existing contracts
Exceptions of Contract Clause
- Does not apply to federal government
- State laws passed during emergency situations are allowed
First Amendments Protections
-Doesn’t apply to actions/restrictions imposed on individuals by private companies
-Freedom of speech religion and press apply to the states as well as the federal government
Establishment clause
can’t favor one religion over another
Free exercise Clause
Can’t limit your ability to practice your religion
Freedom of speech
-covers verbal and written communication
-Protects symbolic speech
-not absolute
Overbreadth Doctrine
Governmental restrictions on expression must be narrowly drafted.
Federal Communications Commission
power to restrict certain speech (radio and tv)
Commercial speech
Freedom of speech from the perspective of a Business
When can a government limit commercial speech?
a compelling state interest is at stake (false adv)
Freedom of the Press
Construed to prohibit prior restraints on publications (not allowed to restrain them from publishing what they want to publish and then sue them after publish)
5th amendment
“Nor shall private property be taken for public use, without just compensation.”
what is public use and just compensation?
public use: any public purpose
just : they need to pay you whatever the current market value is
14th Amendment
-equal protection
Substantive due process (14th amendment)
requires government to have justification for actions
Procedural due process (14th amendment)
proper notice and proper hearing was given
Incorporation Doctrine
Due process clause has been used to incorporate the Bill of Rights and make provisions applicable to states
