Ch. 4 Constitutional Authority to Regulate Business

Question 1

What is a federal form of government?

Answer 1

the national government and the states share sovereign power

Question 2

What are police powers?

Answer 2

state regulatory powers, they have the power to regulate affairs within their borders stemming from the concept that states have reserved powers that have not been delegated to the national government

Question 3

What is the privileges and immunities clause?

Answer 3

prevents states from imposing unreasonable burdens on citizens of another state. when a citizen of one state engages in activity in another they must have substantial reason to treat them differently

Question 4

What is the full faith and credit clause?

Answer 4

it applies only to civil matters, it ensures that rights under deeds wills and contracts will be honored by other states

Question 5

What is the system of checks and balances?

Answer 5

it allows for each branch to limit the powers of the other branches, thus preventing any one branch from exercising too much power

Question 6

What are the three branches of government?

Answer 6

Legislative, executive, judicial

Question 7

What does the executive branch do?

Answer 7

responsible for foreign affairs, constitutional authority to veto laws brought about by the legislative branch and enforces the laws

Question 8

What does the legislative branch do?

Answer 8

can enact laws and make them

Question 9

What does the judicial branch do?

Answer 9

power to hold actions of the other two branches unconstitutional

Question 10

What is the commerce clause?

Answer 10

Congress has the power to regulate interstate commerce with foreign nations and among the several states and with the indian tribes to prevent states from making laws that would interfere with interstate trade

Question 11

How did Gibbons v. Ogden affect the commerce clause?

Answer 11

it expanded the clause to cover the activities that “substantially affect interstate commerce” This also expanded regulatory powers in that any activities that seemed purely local came before the national government if it seemed to affect interstate commerce

Question 12

What is the commerce clause like today?

Answer 12

it permits the national government to legislate in areas that the government has not explicitly been been granted power

Question 13

What is the “dormant” commerce clause?

Answer 13

states do not have the power to regulate interstate commerce, “dormant” because this is not explicitly stated within the clause. The “positive” part is the express grant of power to the national government

Question 14

What are the bill of rights?

Answer 14

adopted in 1971, embody a series of protections for the individual against various types of interference by the federal government

Question 15

What is symbolic speech?

Answer 15

gestures, movements, articles of clothing, and other forms of expressive conduct

Question 16

What are reasonable restrictions to freedom of speech?

Answer 16

oral, written, or symbolized conduct by expression are all subject to reasonable restrictions. the courts must find a balance between protecting its citizens and their exercise of rights

Question 17

A restriction on commercial speech is valid as long as it meets these three criteria.

Answer 17

(1) it must seek to implement a substantial government interest, (2) it must directly advance that interest (3) it must go no further than necessary to accomplish its objective

Question 18

What are two examples of unprotected speech?

Answer 18

(1) obscene speech: speech is considered obscene if a. the average person finds that it violates community standards b. the work appeals to an obsessive interest in sex c. it shows patently offensive sexual conduct d. the work lacks serious redeeming literary, artistic, political, or scientific merit.
(2) online obscenity: pornography, child pornography

Question 19

What are the two clauses that make up the freedom of religion?

Answer 19

1st amendment states that the government cannot establish any religion nor prohibit any religion. establishment clause: the government cannot establish a state sponsored religion nor can it show any preference. the free exercise clause: guarantees that a person can hold any religious belief they want. the state cannot force you to do anything that goes against your religion unless a life is in danger or the welfare of the state is threatened.

Question 20

What is a search warrant?

Answer 20

an order from the judge or other public official authoring search or seizure since the 4th amendment protects the right of people to be secure in their homes. there must be probable cause (trustworthy evidence to convince that the search is more likely justified than not) for a search warrant to be granted.

Question 21

What is self incrimination?

Answer 21

being compelled in any criminal case to be a witness against himself, we are protected against this in the fifth amendment

Question 22

What is the due process clause?

Answer 22

no person shall be deprived of life liberty or property without due process of law. This clause contains two portions. Procedural and substantive.

Question 23

What does procedural due process require?

Answer 23

requires that any government decision to take life liberty or property must be made equitable, they must be given proper notice and an opportunity to be heard.

Question 24

What does substantive due process do?

Answer 24

protects and individuals life, liberty, or property against certain government actions regardless of the fairness of the procedures used to implement them. laws should be clear and understood and not overly broad

Question 25

What is the equal protection clause?

Answer 25

the government cannot enact laws that treat similarly situated people differently

Question 26

What does it mean for a law to be under “strict scrutiny”?

Answer 26

it means that that law inhibits some person from exercising a fundamental right then the law can be under strict scrutiny by the courts. under this standard the classification must be necessary to promote a compelling state interest.

Question 27

When is intermediate scrutiny applied?

Answer 27

in cases involving discrimination based on gender or legitimacy. laws using this classification must be substantially related to important government objectives

Question 28

What is the rational basis test?

Answer 28

in matters of economic or social welfare, a classification will be considered valid if there is any rational basis on which the classification might relate to a legitimate government interest.

Question 29

What is a pretext?

Answer 29

a false motive put forth to hide the real motive and pretexting is the process of obtaining information by false means

Question 30

What has the USA Patriot Act done?

Answer 30

It has given government officials more increased authority to monitor internet activities because of 9/11