Exam 2 Flashcards
(58 cards)
Supremacy Clause of the US Constitution
Article VI, Paragraph 2 establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
Two equal protection clauses in the US Constitution
Fifth amendment: US government
Fourteenth amendment: States
Speech unprotected by the first amendment
Speech that leads to imminent lawless action, directed toward a specific person or group, direct call to immediate lawless action, expectation speech will lead to lawless action
Court’s power of judicial review
The ability of the court to declare a Legislative or Executive action in violation of the constitution. (1803)
Location of Declaration of Rights in the Alaska Constitution
Article I
Location of Declaration of Rights in the Alaska Constitution
Article I
Source of right to privacy in Alaska Constitution
Article I, Section 22
Procedural due process
Process used to try and convict defendants accused of crimes
Substantive due process
Allowing courts to prevent government interference with fundamental rights
First amendment rights and protections
Freedom of speech, the press, assembly, right to petition the government for a redress of grievances
Speech protection under first amendment
Freedom of speech granted as long as it doesn’t lead to imminent lawless action.
Speech protection under Alaska constitution
Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
Fourth amendment rights
Unreasonable search and seizure
Fifth amendment rights
Grand jury requirement for capital cases, double jeopardy protection, don’t have to testify against yourself, can’t be sentenced without a trial, personal property can’t be taken for public use without compensation.
Fifth amendment rights
Grand jury requirement for capital cases, double jeopardy protection, don’t have to testify against yourself, can’t be sentenced without a trial, personal property can’t be taken for public use without compensation.
Sixth amendment rights
Speedy trial, understand what you’re charged with, a jury, confront witnesses against you, obtain witnesses in your defense, counsel.
14th amendment incorporation doctrine
Parts of the first ten amendments in the constitution are made applicable to states through the due process clause of the 14th amendment.
14th amendment incorporation doctrine
Parts of the first ten amendments in the constitution are made applicable to states through the due process clause of the 14th amendment.
14th amendment equal protection clause
Requires states to practice equal protection
Roe v Wade
1973 right to choose to have an abortion
McDonald v Chicago
2010 right to keep and bear arms
NY Times v Sullivan
1964 freedom of speech protections limit public officials for suing for defamation of character
NY Times v Sullivan
1964 freedom of speech protections limit public officials for suing for defamation of character
NY Times v Sullivan
freedom of speech protections limit public officials for suing for defamation of character
