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Flashcards in Chapter Four Deck (75):
1

Minimal Scrutiny

Rational Basis Test- Law must be
"rationally related to a legitimate goal."

2

Intermediate Scrutiny

(Gender)-- Law "must substantially relate to important government objectives."

3

Federal Form of Government

A system of government in which the states form a union and the sovereign power is divided between the central government and the member states

4

Police Powers

Powers possessed by the 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.

5

Checks and balances

The principle under which the powers of the national government are divided among three separate branches- the executive, legislative, and judicial branches- each of which exercises a check on the actions of the others.

6

Commerce clause

The provision in Article I, Section 8, of the US Constitution that gives Congress the power to regulate interstate commerce

7

Supremacy Clause

The requirement in Article VI of the US constitution that provides that the constitution, laws, and treaties of the united state are "the supreme law of the land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.

8

Preemption

A Doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

9

Bill of Rights

The first ten amendments to the US Constitution

10

Symbolic Speech

Nonverbal expressions of beliefs, symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts

11

Filtering Software

A computer program that is designed to block access to certain web sites, based on their content. the software blocks the retrieval of a site whose URL or key words are on a list within a program.

12

Meta Tag

A key word in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on these tags in Web documents.

13

Establishment clause

The provision in the 1st amendment to the US constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.

14

Free Exercise Clause

The provision in the First Amendment to the US constitution that prohibits the government from interfering with people's religious practices or forms of worship

15

Due Process Clause

the provisions in the Fifth an fourteenth amendments to the US constitution that gaurantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions

16

Equal Protection Clause

The provisions in the Fourteenth amendment to the US constitution that guarantees that a state may not "deny to any person within its jurisdiction the equal protection of the Laws". This clause mandates that the state governments must treat similarly situated individuals in a similar manner.

17

The Constitution

Was adopted in 1787 and was ratified by nine of the original 13 states in 1789. It creates a federal form of government

18

The constitution a federal form of government

- A compromise
-"enumerated" powers to the federal government and other powers to "reserved" to the states (10th amendment)

19

Constitution consists of

-Enumerated powers
-implied powers
-otherwise reserved to states/people per 10th amendment

20

Other wise reserved to states/people per 10th amendment

State police powers; strong presumption of validity.

21

Bill of rights adopted in

1791

22

Bill of rights protects

individuals from "various types of interference by the federal government

23

Constitution is made up of

a preamble, seven articles, and 27 amendments

24

Article I

Establishes congress constitutional authority

25

Articles II and III

establishes constitutional authority for executive and judicial branches of government.

26

Articles IV

includes the "full faith and credit" clause which states that "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.

27

Article V

Discusses the amendment process

28

Article VI

Includes Supremacy Clause

29

Article VII

Indicated that the original constitution could be ratified by the vote of nne of the original thirteen states.

30

Amending the constitution

The constitution may be amended by a two-thirds vote of the US house and senate followed by a ratification vote of three-fourths of the states

31

Constitution may also be amended

by two-thirds of the states calling for a constitutional convention followed by a ratification vote by three-fourths of the states.

32

amendment history

The constitution was last amended in 1992. there are 27 amendments to the constitution.

33

Parts of Supremacy Clause

-Article VI
-Federal Preemption

34

Federal Preemption

federal laws take precedence over conflicting state laws

35

Article VI Supremacy Clause

The constitution and the laws of the United States which shall be made in Pursuance thereof; and all treaties made, or made shall be made, under the Authority of the United States, shall be the supreme law of the Land; and the judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

36

Minimal Scrutiny:

Rational Basis Test- law must be "rationally related to a legitimate goal"

37

Intermetdiate Scrutiny

(gender)-- Law "must substantially relate to important government objectives.

38

Strict Scrutiny

(race/national orgin)-- "necessary to promote a compelling state interests.

39

1st amendment

(Free Speech, Freedom of religion)

40

4th amendment

unreasonable search and seizures; probable cause for search/ arrest warrants; probable cause means a "subtantial likelihood taht the person has committed or is about to commit a crime.

41

5th amendment

due process of law; double jeopardy; self incrimination

42

6th amendment

right to counsel and trial

43

8th amendment

excessive bail/ fines and cruel and unusual punishment

44

Commerce Clause Notes

The congress shall have power to regulate commerce with foreign Nations, and among the several states, and with the Indian tribes.

45

Substantial Effect Rule

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

46

Gibbons v Ogden

Commerce Clause Case. Commerce between the states" means "interstate commerce"

47

Wickard v Filburn

Commerce Clause Case. Congress can regulate "intra-state" business activities that have a "substantial effect on interstate commerce"

48

Katzenbach v McClung

A private business "of a purely local character", racial discrimination and the commerce clause

49

Gonzales v Raich

Commerce Clause case. Federal criminal law- controlled substance act- and the use for marijuana for medical purposes made legal under state law.

50

Eminent Domain

The "police powers" of the state to protect or promote the public order, health, safety, morals and general welfare.

51

Judicial Review

The process by which courts decide on the constitutionality of legisaltive enactments and actions of the execuitive branch.

52

Marbury v madison

Judicial review 1803. Justice john marshall. (it is emphatically the province and duty of the judicial department to say what the law is.

53

Business and free speech

The supreme court held in First national bank of boston v Bellotti 1978 that otherwise protected speech is covered by the first amendment regardless of the fact that "its source i a corporation"- Consolidated Edison company v public service commission of New york 1980

54

Commerical speech

generally means advertising a product or service or "speech that has a dominant theme to propose a commercial transaction."

55

False/ misleading commercial speech

unlike false/ misleading political speech, can be prohibited by the government.

56

Due Process

5th and 14th amendments

57

procedure due process

fair procedures

58

Substantive due process

focuses on the content or substance of legislation. If a law or governmental action limits a fundamental, it will be held to violate substantive due process when it promotes a compelling or overriding state intrests.

59

Eminent Domain Case

Kelo v City of New london (2005)

60

Privacy Rights

There is no specific right to privacy referenced in the constitution; however, the supreme court has held that a constitutional right of privacy is "implied by the first, third, fourth, fifth, and ninth amendments"

61

Federal laws relating to privacy

-FOIA
_FERPA
-Privacy Act
-HIPAA
-Patroit Act

62

Federal Preemption and Commerce Clause

Gonzales v Raich

63

Dormant Commerce Clause and "out of state" wineries Case

Family winemakers of California v Jenkins (2010)

64

The First Amendment and freedom of religion consists of

-The establishment clause
-The free exercise clause

65

The first amendment and Freedom of religion case

Trunk v City of San Diego 2011

66

what is the seperation of powers

-execuitive branch carries out law
-legislature makes law (representative government)
-Judicial systems interprets law

67

What is the purpose of seperation of powers

checks and balances

68

14th amendment

equal protection

69

14th amendment states

nor shall any state. deny any person within its jurisdiction the equal protection of the laws.

70

first amendment

free speech

71

first amendment states

congress shall make no law. abridging the freedom of speech.

72

Symbolic Speech

nonverbal expressions of beliefs which includes gestures, movements and articles of clothing (eg arm band).

73

protected commercial speech

must promote commerce and provide valuable information.

74

Freedom of speech reasonable limitation on

Time
-place
-manner of speech

75

Exceptions to freedom of speech

-Fighting words
-Speech that offends community moral standards and lacks redeeming social value.