chapter 2 Flashcards
What is the purpose of the U.S. Constitution?
To establish a new form of government after the Articles of Confederation proved inadequate.
Define ‘Federal form of government.’
A system where sovereign power is divided between a central government and member states.
What are federal powers?
Powers expressly designated to the national government, including implied powers necessary to carry out those powers.
What are police powers?
Powers possessed by states to regulate affairs within their borders for public order, health, safety, morals, and general welfare.
What does the Privileges and Immunities Clause state?
States cannot discriminate against citizens of other states without substantial reason.
What is the Full Faith and Credit Clause?
It requires states to honor the public acts, records, and judicial proceedings of other states.
List the three branches of government.
- Legislative branch
- Executive branch
- Judicial branch
What is the purpose of checks and balances?
To prevent any branch of government from exercising too much power.
What is the Commerce Clause?
The provision granting Congress the power to regulate interstate commerce.
What is the ‘Dormant’ Commerce Clause?
The aspect that prohibits states from regulating interstate commerce.
Define ‘Supremacy Clause.’
It states that the Constitution, laws, and treaties of the U.S. are the supreme law of the land.
What is preemption?
The doctrine that federal law takes precedence over conflicting state or local laws.
What powers does Congress have regarding taxation and spending?
The power to lay and collect taxes and to provide for the common defense and general welfare.
What is the Bill of Rights?
The first ten amendments to the U.S. Constitution that protect individual rights.
How has the Bill of Rights evolved over time?
It originally limited only national government powers but has been incorporated to limit state actions through the Fourteenth Amendment.
What does the First Amendment guarantee?
The freedoms of religion, speech, press, assembly, and petition.
Define ‘symbolic speech.’
Nonverbal conduct that expresses opinions or thoughts.
What are the criteria for valid restrictions on commercial speech?
- Must implement a substantial government interest
- Must directly advance that interest
- Must go no further than necessary
What types of speech are not protected under the First Amendment?
- Fighting words
- Defamatory speech
- Threatening speech
- Obscene speech
Define ‘Establishment Clause.’
Prohibits the government from establishing a state-sponsored religion.
What is the Free Exercise Clause?
Prohibits the government from prohibiting the free exercise of religion.
What is required for law enforcement to obtain a search warrant?
Probable cause must be established.
Define ‘probable cause.’
Reasonable grounds for believing that a search should be conducted or a person should be arrested.
What does the Fifth Amendment guarantee regarding self-incrimination?
No person shall be compelled to be a witness against themselves in a criminal case.
