Ch. 4 Constitutional Law Flashcards
What are the 5 fundamental principles of Constitutional Law in the U.S?
- ) Federalism
- ) Federal supremacy & preemption
- ) Judicial review
- ) Separation of powers
- ) State action
Federalism
The division of governing power between the federal government and the states
Supremacy Clause
Federal law is supreme and state law must yield to it
Federal Preemption
Right of federal government to regulate matters within its power to the exclusion of regulation by the states
Preempt
Override
Judicial Review
The courts examine government actions to determine whether they conform to the U.S. Constitution
State Action
Any actions of the federal & state governments and their subdivisions
Commerce Power
Congress & the federal government has the power to regulate commerce with foreign countries and among the states
What 2 important effects does the Commerce Clause have?
- ) It provides a broad source of commerce power for the federal government to regulate the economy.
- ) It restricts state regulations that obstruct or unduly burden interstate commerce.
What 3 powers does Congress have under the Commerce Clause?
- ) The channels of interstate commerce
- ) The instrumentalities of interstate commerce
- ) Those activities having a substantial relation to interstate commerce
A court may invalidate legislation enacted under the Commerce Clause only if it is clear that:
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.
What 3 factors does the Supreme Court weigh & balance in deciding the extent to which state regulation may affect interstate commerce?
- ) The necessity & importance of the state regulation
- ) The burden it imposes on interstate commerce
- ) The extent to which it discriminates against interstate commerce in favor of local concerns
What 4 powers does the government have that are NOT in the Commerce Clause?
- ) The power to tax
- ) The power to spend
- ) The power to borrow and coin money
- ) The power of eminent domain
What 3 major limitations are there on the government’s taxing power?
- ) Direct taxes must be apportioned among the states.
- ) All custom duties & excise taxes must be uniform throughout the U.S.
- ) No duties may be levied on exports from any state.
Eminent Domain
Right of the people or government to take private property for public use upon giving fair consideration
What are 4 parts of the Constitution that limit on the powers of the federal government and the states?
- ) The Contract Clause (state govt. only)
- ) The First Amendment
- ) Due Process
- ) Equal Protection
Rational Relationship Test
Requires that legislation/regulation bear a rational relationship to a legitimate government interest
Strict Scrutiny Test
Requires that legislation/regulation be necessary to promote a compelling governmental interest
Intermediate Test
Requires that legislation/regulation have a substantial relationship to an important government objective
Contract Clause
Restricts states from retroactively modifying public charters and private contracts
Strict or Exacting Scrutiny Standard
Requires the existence of a compelling & legitimate state interest to justify a restriction of speech
What do the 4th & 15th Amendments prohibit?
They prohibit the federal & state governments from depriving any person of life, liberty, or property without Due Process of law
What 2 aspects does Due Process have?
- ) Substantive
2. ) Procedural
Liberty
The ability of individuals to engage in freedom of action & choice regarding their personal lives
Property
Includes all firms of real & personal property, as well as benefits (entitlements) conferred by the government, such as social security payments & food stamps
Equal Protection
Requires that similarly situated persons be treated similarly by government actions
What are the 3 standards of review the Supreme Court uses to determine whether government action satisfies the equal protection guarantee?
- ) The Rational Relationship Test
- ) The Strict Scrutiny Test
3) The Intermediate Test
Commercial Speech
Expression related to the economic interests of the speaker and his audience, such as advertisements for a product or service
Defamation
A civil wrong or tort that consists of disgracing or diminishing a person’s reputation through the communication of a false statement
