CH4 Flashcards
Know what the commerce clause is
The part of the U.S Constitution that gives Congress the power to regulate interstate commerce; the basis of much federal regulation
Know the holding of Wickard v. Filburn
Congress can regulate almost any form of commerce even if the impact on interstate commerce is tiny
Know why the Supreme Court found that the restaurant in Katzenbach v. McClung was part of interstate commerce
McClung’s served food that has come from out of the State
Know the holding of Southern Railway Co v. Arizona
Law was unconstitutional, impacted interstate commerce
Know whether taxes can be used to punish behavior
Yes they can
Know when a state may tax a business’ profits
Anytime they want
The First Amendment provides for free speech
Congress is limited, private individuals are not
Untruthful advertisements can be regulated under the First Amendment
Political speech
Commercial speech
Limiting truthful advertisements for professional services violates the first amendment
Limiting truthful advertisements for professional services violates the first amendment
Know what the fourth amendment requires
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause
Know the holding of Marshall v. Barlow
Warrantless searches are wrong (forbidden)
Know the exclusionary rule
Evidence that is collected wrongfully, exclusion/exclusionary
Know the fifth amendment protection against self-incrimination
No persona shall be compelled in any criminal case to be a witness against himself
Know what the takings clause means
Government takes your property
Know the holding of Kelo v. City of New London
Almost any reason is valid for property values
Know the facts and holding of the Nollan v. California Coastal Commission case
The state could not tie a rebuilding permit to land use it would have to pay for it took the land for public use
Know the standard for a regulatory taking
Government can regulate your land
Know what is required for a state to infringe on a fundamental liberty interest
Due process
Know which suspect classifications get higher protection under the Equal Protection clause
Race, Sex
Taxing Power
If a business does at least a minimum amount in a state, the state can tax it
Taxes can be used to punish or deter a bad behavior
The First amendment limits the government from making laws that curtail free speech
The First amendment limits the government from making laws that curtail free speech
Commercial Speech
Commercial Speech must be truthful
Unreasonable Search and Seizure
4th Amendment
Self-incrimination
5th Amendment
Just Compensation
Takings Clause
Exclusionary Rule
Evidence that is obtained improperly will be excluded from trial
