Chapter 2 Flashcards
Exceptions to Privileges and Immunities Clause
-The foreign state MUST have a SUBSTANTIAL reason for treating non-residents different.
-College Tuition
-Fees associated with Hunting and Fishing Licenses
-Homestead exemption
-Ward v. Maryland- Imposing an extra sales tax on nonresidents goods
What does the 10th Amendment state regarding state power?
State power unless expressly granted to Federal Government
Commonly referred to as police powers.
What are police powers(shared governance)?
Rights of states to regulate private activity for the good of society, including health, safety, and security
Not limited to criminal laws.
What is the Privileges and Immunities Clause?
Citizens in each state are entitled to enjoy the privileges and immunities of all the states
Article 4 section 2.
What is the Full Faith and Credit Clause?
Every State will respect every other state’s public acts, records, and judicial proceedings
Article 4 section 1.
What is the main importance of the Full Faith and Credit Clause?
It allows people and businesses to effectively and uniformly conduct business across state lines
Protects orders such as child custody issues.
What are the three branches of government established by the Constitution?
Executive
Legislature
Judicial
Each has distinct functions and powers.
What is meant by the Checks and Balances System?
Each branch of government has the ability to limit the powers of the other branches
Ensures no absolute power.
What does the Supremacy Clause state?
Federal law is the ‘Supreme Law of the Land’
Article VI.
What does the 14th Amendment guarantee?
No state shall deprive any person of life, liberty, or property, without due process of law
Applies to both Federal and State governments.
What is the significance of the Freedom of Speech?
Essential to democratic form of government
Applies to spoken words, gestures, and movements.
True or False: The government can establish an official religion.
False
Known as the Establishment Clause.
What must a law have to be constitutional under the Establishment Clause?
It must not have the primary effect of promoting or inhibiting religion
Requires separation of Church and State.
Fill in the blank: The 4th Amendment protects the rights of the people to be secure in their _______.
persons, houses, papers, and effects.
What is required for law enforcement to search or seize property?
A search warrant
Issued by a judge or a court.
What does the Fifth Amendment protect individuals from?
Being compelled to be a witness against themselves in a criminal case
Applies to natural persons only.
What are the two types of Due Process provided by the 5th and 14th Amendments?
- Procedural Due Process
- Substantive Due Process
Each serves different legal protections.
What test does the court use for Equal Protection cases?
Three Standards:
* Strict Scrutiny
* Intermediate Scrutiny
* Rational Basis Test
Each applies to different types of discrimination.
What is the implied right of privacy based on?
1, 3, 4, 5, & 9th Amendments
Recognized in Griswold v. Connecticut.
What does HIPAA protect?
Health Information
Ensures privacy of personal medical data.
What does FERPA protect?
Educational Information
Protects student educational records.
