Ch. 4 Constitutional Law

Question 0

What are the 5 fundamental principles of Constitutional Law in the U.S?

Answer 0

1. ) Federalism
2. ) Federal supremacy & preemption
3. ) Judicial review
4. ) Separation of powers
5. ) State action

Question 1

Federalism

Answer 1

The division of governing power between the federal government and the states

Question 2

Supremacy Clause

Answer 2

Federal law is supreme and state law must yield to it

Question 3

Federal Preemption

Answer 3

Right of federal government to regulate matters within its power to the exclusion of regulation by the states

Question 4

Preempt

Answer 4

Override

Question 5

Judicial Review

Answer 5

The courts examine government actions to determine whether they conform to the U.S. Constitution

Question 6

State Action

Answer 6

Any actions of the federal & state governments and their subdivisions

Question 7

Commerce Power

Answer 7

Congress & the federal government has the power to regulate commerce with foreign countries and among the states

Question 8

What 2 important effects does the Commerce Clause have?

Answer 8

1. ) It provides a broad source of commerce power for the federal government to regulate the economy.
2. ) It restricts state regulations that obstruct or unduly burden interstate commerce.

Question 9

What 3 powers does Congress have under the Commerce Clause?

Answer 9

1. ) The channels of interstate commerce
2. ) The instrumentalities of interstate commerce
3. ) Those activities having a substantial relation to interstate commerce

Question 10

A court may invalidate legislation enacted under the Commerce Clause only if it is clear that:

Answer 10

1.) The activity the legislation regulates does not affect interstate commerce.

OR

2.) No reasonable connection exists between the selected regulatory means & the stated ends.

Question 11

What 3 factors does the Supreme Court weigh & balance in deciding the extent to which state regulation may affect interstate commerce?

Answer 11

1. ) The necessity & importance of the state regulation
2. ) The burden it imposes on interstate commerce
3. ) The extent to which it discriminates against interstate commerce in favor of local concerns

Question 12

What 4 powers does the government have that are NOT in the Commerce Clause?

Answer 12

1. ) The power to tax
2. ) The power to spend
3. ) The power to borrow and coin money
4. ) The power of eminent domain

Question 13

What 3 major limitations are there on the government’s taxing power?

Answer 13

1. ) Direct taxes must be apportioned among the states.
2. ) All custom duties & excise taxes must be uniform throughout the U.S.
3. ) No duties may be levied on exports from any state.

Question 14

Eminent Domain

Answer 14

Right of the people or government to take private property for public use upon giving fair consideration

Question 15

What are 4 parts of the Constitution that limit on the powers of the federal government and the states?

Answer 15

1. ) The Contract Clause (state govt. only)
2. ) The First Amendment
3. ) Due Process
4. ) Equal Protection

Question 16

Rational Relationship Test

Answer 16

Requires that legislation/regulation bear a rational relationship to a legitimate government interest

Question 17

Strict Scrutiny Test

Answer 17

Requires that legislation/regulation be necessary to promote a compelling governmental interest

Question 18

Intermediate Test

Answer 18

Requires that legislation/regulation have a substantial relationship to an important government objective

Question 19

Contract Clause

Answer 19

Restricts states from retroactively modifying public charters and private contracts

Question 20

Strict or Exacting Scrutiny Standard

Answer 20

Requires the existence of a compelling & legitimate state interest to justify a restriction of speech

Question 21

What do the 4th & 15th Amendments prohibit?

Answer 21

They prohibit the federal & state governments from depriving any person of life, liberty, or property without Due Process of law

Question 22

What 2 aspects does Due Process have?

Answer 22

1. ) Substantive

2. ) Procedural

Question 23

Liberty

Answer 23

The ability of individuals to engage in freedom of action & choice regarding their personal lives

Question 24

Property

Answer 24

Includes all firms of real & personal property, as well as benefits (entitlements) conferred by the government, such as social security payments & food stamps

Question 25

Equal Protection

Answer 25

Requires that similarly situated persons be treated similarly by government actions

Question 26

What are the 3 standards of review the Supreme Court uses to determine whether government action satisfies the equal protection guarantee?

Answer 26

1. ) The Rational Relationship Test
2. ) The Strict Scrutiny Test
   3) The Intermediate Test

Question 27

Commercial Speech

Answer 27

Expression related to the economic interests of the speaker and his audience, such as advertisements for a product or service

Question 28

Defamation

Answer 28

A civil wrong or tort that consists of disgracing or diminishing a person’s reputation through the communication of a false statement