Ch. 4: Constitutional Law Flashcards
Federalism
The division of governing power between the federal government and the states.
Supremacy Clause
Federal law takes precedence over conflicting state law.
Federal preemption
Right of federal government to regulate matters within its power to the exclusion of regulation by the states.
Judicial review
-power of the courts to determine the constitutionality of any legislative or executive act.
Examination of government actions to determine whether they conform to the U.S. Constitution.
Separation of powers
Allocation of powers among executive, legislative, and judicial branches of government.
State action
-actions by governments as opposed to actions taken by private individuals.
Any actions of the federal and state governments, and their subdivisions, such as city or county governments and agencies.
e.g. Only the 13th Amendment, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.
Federal commerce power
Exclusive power of the federal government by the U.S. Constitution to regulate commerce with other nations and among the states.
State regulation of commerce
The Commerce Clause of the Constitution restricts the states’ power to regulate activities if the result obstructs interstate commerce.
Federal Fiscal Powers: Taxation and spending
The Constitution grants Congress broad powers to tax and spend; such powers are important to federal government regulation of the economy.
Powers of Government: Borrowing and coining money
Enables the federal government to establish a national banking system and to control national fiscal and monetary policy.
Powers of Government: Eminent domain
The government’s power to take private property for public use with the payment of just compensation.
Limitations of Government: Contract clause
Restricts states from retroactively modifying contracts.
Limitations on Government: Freedom of speech
First Amendment protects most speech by using a strict scrutiny standard.
Corporate political speech
First Amendment protects a corporation’s right to speak out on political issues.
Commercial speech
Expression related to the economic interests of the speaker and its audience; such expression receives a lesser degree of protection.
Defamation
A tort consisting of a false communication that injures a person’s reputation; such a communication receives limited constitutional protection.
Due process
Fifth and Fourteenth Amendments prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law.
Substantive due process
Determination of whether a particular government action is compatible with individual liberties.
Procedural due process
Requires the government decision making process to be fair and impartial if it deprives a person of life, liberty, or property.
Equal protection
Requires that similarly situated persons be treated similarly by government actions.
Rational relationship test
requirement that the regulation bears a rational relationship to a legitimate government interest that the regulation will attempt to further.
Strict scrutiny test
exacting standard of review applicable to regulation affecting a fundamental right or involving a suspect classification.
Intermediate test
standard of review applicable to regulation based on gender and legitimacy.
e.g. The Supreme Court invalidated an Alabama law that allowed courts to grant alimony awards only from husbands to wives and not wives to husbands.
Liberty
Ability of individuals to engage in freedom of action and choice regarding their personal lives.
Property
Includes real property, personal property, and certain benefits (entitlements) conferred by the government, such as social security payments and food stamps.
