Chapter 4 Flashcards
Bill of rights
First 10 Amendments of the Constitution
Checks and balances
The system of under which the powers of the federal government are divided among 3 seperate branches- the executive, legislative, and judicial branches-each of which exercises a check on the actions of the others
Commerce clause
Provision in Article 1, Section 8, of the Constitution that gives Congress the power to regulate interstate commerce
Compelling government interest
A test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait
Due process clause
Provisions in the 5th and 14th Amendments that guarantee that no person shall be derived of life, liberty, or property without due process of the law
Equal protection clause
Provision from the 14th Amendment that requires state governments to treat similarily situated individuals in a similar manner
Establishment clause
Provison in the 1st Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another
Federal form of government
A system of government in which the states form a union and the sovereign power is divided between the central government and the member states
Free exercise clause
Provision in the 1st Amendment that prohibits the government from interfering with people’s religious practices or forms of worship
Full faith and credit clause
Provision in Article IV, Section 1, of the Constitution that ensures that rights establishes under deeds, wills, contracts, and similiar instruments in one state will be honored by other states and that judicial decisions will be honored and enforced in all states
Meta tags
Key words in a document that can serve as an index reference to the document
Police powers
Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare
Preemption
Doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
Privileges and immunity clause
Article IV, Section 2 of the Constitution requires states not to discriminate against one anothers’ citizens. A resident of one state, when in another state, cannot he denied the privileges and immunities of citizens of that state
Sovereignty
Power of the state to do what is necessary to govern itself. Individual state [ ] is determined by the Constitution
