Basic Constitutional Concepts Flashcards
Federalism
There is a division of responsibilities (powers) between state and federal governments
Federal Supremacy
When powers/responsibilities overlap and are contradictory, federal government wins
Separation of Powers
Division of powers within a state or federal government (among 3 branches: Legislative, Executive, and Judicial)
Checks and Balances
I. No one branch of government should have complete power over an important task
II. Ex: Warrant requirements, Presidents Veto
Due Process (V + XIV Amendment)
No ___ should be deprived (by government) of Life, Liberty, or Property without “due process of law” (valid government action)
Eminent Domain ( V Amendment
Government can take private property for public use as long as they pay for it –> condemnation power of government; Ex: Highway Expansion, Public Housing, Land Conservation
Equal Protection (XIV Amendment)
Clause found in the 14th amend. that prohibits government from unlawfully discriminating
Suspect Classifications
Race, Age, Gender, Religion, Disability, Etc…
Civil Rights Act of 1964
Federal Law (Statute) that prohibits interstate businesses from unlawfully discriminating
Commerce Power of Congress
Act I section VIII states congress has the power to regulate interstate commerce
State Police Power
Power and responsibility of the state to government in the best interest of the health, education, safety, and general welfare of its residents
Freedom of Expression
The protection of religious and political expression from government regulation
Fully Protected Freedom of Expression
Cannot be regulated/punished b y government (religion, political)
Unprotected Freedom of Expression
Can be regulated (ex: dangerous speech, inciting a riot, threats/fighting words, chld ponography, snuff films…)
Defamation
Includes slander + libel –> saying or publishing something untrue about another that tends to hurt character/business
