Chapter 2 Flashcards
Constitutional Powers of Government
Federal Form of Government
National government and states share sovereign powers
Federal Powers and Regulatory Powers of State
Regulatory Powers of State
Sovereignty – power to govern themselves
Police powers – referred as state regulatory powers
Privilege and Immunities Clause
Prevents a state from imposing unreasonable burdens on citizens of another states.
Full Faith and Credit Clause
Applies only to civil matters, ensures that rights established under deeds, wills, contracts and similar documents in one state will be honored in another state.
Check and Balance
Legislative Branch – Congress, can enact a law, but executive branch (president) has the constitutional authority to veto that law
Executive Branch – responsible for foreign affairs, but treaties with foreign government requires advice/consent of the Senate.
Congress- determines jurisdiction of federal courts, president appoints federal judge with the advice/consent of Senate.
Judicial Branch – power to hold actions of the other two branches unconstitutional.
Commerce Clause
Prevent states from establishing laws/regulations that would interfere with trade and commerce among the states. Gave the Congress the power to regulate interstate commerce.
Supremacy and Federal Preemption
Supremacy –provides that the Constitution, laws and treaties of the US are the supreme law of the land. If conflict between Federal and State, state is invalid.
Preemption – doctrine in which certain federal laws preempt (take over) conflicting state and local laws
Bill of Rights
1st– Guarantees freedom of religion, speech and the press and the rights to assemble peaceably and petition the government
4th– prohibits unreasonable searches/seizures of persons or property
5th– guarantees rights to indictment (formal accusation) by a grand jury, to due process of law and to fair payment when private party is taken for public use. Prohibits compulsory self-incrimination and double jeopardy (trial for same crime twice).
10th– establishes that those powers neither delegated to the federal government nor denied to the states are reserved to the states and the people.
Due Process Clause
Procedural due processes require any government decision to take life, liberty or property must be made equitably. Proper notice and opportunity to be heard.
Substantive due processes focuses on content of legislation rather than the fairness of procedures.
Equal Protection
Means that the government cannot enact laws that treat similarly situated individuals differently.
Privacy Rights
Protected to an extent under tort law, consumer law and employment law.
USA Patriot Act
9/11/2011 attacks gave government increased authority to monitor internet activities (email and websites) and to gain access to personal information.
Bill of Rights (what is it)
First 10 amendments of the US Constitution
Check and Balance System (purpose of)
system by each of three branches (executive, legislative, judicial) exercises checks on the powers of other branches.
Compelling Government Interest
test of constitutionality that requires government to have compelling reasons for passing any law that restricts fundamental rights such as free speech or distinguishes between people based on suspect trait.
