Chapter 2 Flashcards
What is the constitutional power of the document?
Power is divided between central and state govt. Each state has sovereignty.
What is the full faith and credit clause?
Judgments will be honored and can move and have same federal rights.
What are the separation of powers?
Legislative branch creates laws. Executive branch enforces laws. Judicial branch interprets laws. Checks and balances.
What is the purpose of the federal commerce clause?
The federal government can regulate international commerce and regulate commerce on the national local level, all commerce.
What is the dormant commerce clause?
The clause is what states cannot do affecting interstate commerce, sets precedent feds regulate commerce.
What does the federal and supremacy clause do?
The constitution, federal laws, and treaties of the United States are the supreme law of the land.
What is preemption?
Federal laws preempt conflicting state or local laws.
What are the restrictions on freedom of speech?
Obscenity, fighting words, true threats, incitement, child porn, defamation, blackmail, plagiarism, and treason.
Is corporate speech protected by the first amendment?
Corporate speech is protected by the first amendment.
What is the established clause?
It prohibits a state sponsored or favored religion.
What is the free exercise clause?
The right to freely exercise religion, reasonably accommodate employees and undue hardship.
When does a religion “cross the line”?
If a religion is against public policy and welfare than it encroaches on freedom.
What constitutes a real religion?
Ultimate ideas, metaphysical beliefs, moral/ethical system, founder, writings, places, keepers of knowledge, structure, propagation.
What does the fifth amendment do?
It protects people from self-incrimination, not compelled to testify against self in criminal proceedings, and does not cover corporations or partnerships.
What is the due process clause?
No person shall be deprived of life, liberty, or property, without due process of the government.
What is the procedural due process?
Government decision to take life, liberty, or property must be made equitably. Notice and opportunity to be heard, and fair procedures.
What is a substantive due process?
The content of the legislation limits legislative and executive government in acts against all persons.
What are fundamental rights?
It includes interstate travel, privacy, voting, marriage and family, and all first amendment rights.
What is equal protection?
Government must treat similarly situated individuals in the same manner, strict scrutiny, intermediate scrutiny, and rational basis tests.
What amendments give privacy rights?
They are implied from the 1st, 4th, 5th, and 14th amendments.
