Ch 6 Flashcards
Which 3 Ammendments influence social policy?
13th Am. Abolished slavery
14th am. provides protections of citizens against actions of states
16th am. Authorizes federal income tax
What for governmental bodies does the Constitution create?
1 Congress
2 Presidency
3 Vice Presidency
4 Supreme Court
3 important clauses in the 14th Ammendment: protection to citizens against actions of states
1 privileges and immunities
2 due process
3 equal protection
First 3 Ammendments of US
1 freedom of speech, press, religion and petition
2 right to bear arms
3 conditions for quarters of soldiers
Ammendments 4, 5, 6
4 right of search and seizure
5 provisions regarding prosecution
6 right to speedy trial, witnesses
Ammendments 7, 8, 9
7 right to trial by jury
8 excessive bail and cruel punishment
9 rule of construction of the constitution
Ammendments 10, 11, 12
10 rights of states
11 state sovereign immunity
12 electoral college
Ammendments 13 and 14
13 abolishment of slavery and involuntary servitude
14 due process and equal protection
In the constitution, which 3 concepts are of great significance in creating a strong centralized, federal government?
1 separation of powers concept
2 supremacy clause
3 contract clause
Separation of Powers
Federal level: checks and balances between 3 branches
Of government
Each level of government has separate and distinct role
To play
Federalism, what Ammendment relates to federalism, how?
Separation of powers between federal, state/local
governments
States have some sovereignty, 10th am. Reserves some
Powers to states and people
Supremacy clause: Constitution article 6
Constitution is supreme under all laws and federal law
Is supreme over state law or local ordinance
Supremacy clause
Courts called upon to decide if state law is invalid because
It conflicts with federal law
Preemption
If federal law preempts a subject, then any state law that
Attempts to regulate the same activity is unconstitutional
Under supremacy clause
What areas of law does preemption apply to, 2 areas
Federal statutes
Rules and regulations of federal administrative agencies
Contract clause in Article 1, Section 10 of Constitution
No state shall pass any law impairing Obligation of contracts
This does not apply to federal government
Bill of Rights
First 10 Ammendments
The extent of any limitation on basic constitutional guarantee
Depends upon…
The nature of the competing public policy
Constitutional guarantees exist to protect the…
2 examples
Minority from the majority
Ex. Freedom of speech allows expression of unpopular views
Freedom of assembly allows groups with ideologies foreign
To most to meet and express philosophy
Emergencies (such as war or civil strife) allow…
Constitutional rights to be narrowly interpreted
Establishment clause (1st Ammendment) and free exercise clause
Guarantee freedom of religion through separation of church
And state
What does the first Ammendment of not apply to?
Action by private companies
Freedom of speech includes both?
2 Freedom of speech recognizes that there is no such thing as…
Verbal and written communications
2 a false idea
Obscenity
Unprotected speech
3 factors that determine if speech is legally obscene? Example of legally obscene in US
1) appeals to prurient interest in sex
2) patently offensive, sexual conduct defined by applicable
State law
3 work lacks literary, artistic, political or scientific value
Ex. Child pornography
Federal Communications Commission (FCC)
Has power to restrict certain speech
Restricts indecent programming and profane language
between 6 AM and 10 PM on broadcast radio and TV
Overbreadth doctrine
Legislators have gone too far in seeking to achieve goal
Commercial speech
Freedom of speech protects speech of corporations
Example of limitation of commercial speech
Regulation of tobacco advertising
Freedom of press
Publishing business is only organized private business given
Explicit constitutional protection
1st Ammendment: congress shall make no law abridging
Freedom of press
Prior restraints
Freedom of press is not absolute
If press publishes that which is illegal or libelous. It has
Liability for doing so
Libel
Tort theory used for recovery of damages as result of printed
Defamation of character
Defamation
Printed falsehoods that harm reputation
Actual malice
Knowledge printed statements are false or circumstances showing reckless disregard for whether True or not
Under what circumstances is there a liability for libelous statements without proof of malice with a plaintiff?
When the plaintiff isn’t public figure or public official
2 important Ammendment provisions for businesses in the 14th Ammendment
1 due process clause
2 equal protection clause
14th Ammendment: due process of law
Government may not act in manner: arbitrary or unreasonable
This does not apply to individuals, corporations from
Acting in unreasonable or arbitrary manner
Procedural due process cases
Involve whether proper notice has been given or hearing
Has been conducted
Incorporation of doctrine: How has the due process clause played a unique role in constitutional development?
Made most provisions of Bill of Rights applicable to states
Equal protection clause of 14th Ammendment
Law should not treat people differently without satisfactory
Reasons
3 approaches of equal protection clause
1 minimum rationality
2 strict scrutiny
3 quasi strict scrutiny
1) Minimum rationality approach
2) permissible state end
Rationally connected to permissible or legitimate government
Objective
2 qualifies as legitimate role of government not prohibited by another provision of constitution
Strict scrutiny test
Classification will be denial of equal protection unless
Classification is necessary to achieve compelling state
purpose
Most stringent level of review
When is strict scrutiny test used?
When classification involves either suspect class or Fundamental constitutional right
Suspect class
One that has such disabilities and has been subject to
History of purposeful unequal treatment
Or placed in position of political powerlessness that
Commands extraordinary protection from political process
Of majority
Examples of classifications that are clearly suspect?
Classifications directed at race, national origin and legitimacy
Of birth are clearly suspect
Example of minimum rational basis approach
State law restricting advertising on company owned trucks
Is valid because on rational basis it leads to safer roads
Strict judicial scrutiny: constitutional rights
Right to vote, right to travel, right to appeal
Quasi strict scrutiny, definition, range of cases it is used in? Why is it called quasi strict?
Substantially related to important government interest
Used in cases that fall between minimum rationality and strict scrutiny approaches
Called quasi strict b/c classifications are only partially suspect
Or rights involved aren’t quite fundamental
Ex. Of partially suspect classifications
Classifications directed at gender
7 issues central to equal protection clause
1 apportionment of legislative bodies
2 racial segregation in sale and rental of real estate
3 laws for rights of legitimated and illegitimates
4 make up of juries
5 voting requirements
6 welfare residency requirements
7 rights of aliens
7 Examples presumed valid under minimum rationality
1 Height 2 weight 3 age 4 testing 5 school desegregation 6 veteran's preference 7 marriage
