Chapter 4 Flashcards
Federalism and delegated powers
Declaration of Independence. Doctrine of separation of powers. Article 1 legislative. Article 2 executive. Article 3 judicial.
Checks and balances
Phil to ensure no one branch of government gets too much power
Supremacy clause
Grants Congress the power to regulate commerce with foreign nations and among the several states and with Indian tribes. Federal government has the power to regulate the Native Americans for commerce and interstate commerce
Dormant commerce clause
If the federal government has chosen not to regulate an area of interstate commerce that has the power to regulate the area subject to the dormant commerce clause
Dormant commerce clause
A state connect laws to regulate that area of commerce. Regulation should not unduly burden interstate commerce.
E-commerce
Parties are became the website domain names and conduct business electronically e-commerce can be used for sales of goods licensing of intellectual property sales of service
Bill of Rights
First 10 amendments to the U.S. Constitution. Guarantees certain fundamental rights to natural persons. Protects persons from intrusive government action. By the federal government and by state governments
Freedom of speech
The right to engage in oral, written and symbolic speech. This includes fully protected speech limited per protected speech and unprotected speech
Fully protected speech
Cannot be regulated or prohibited by government can be oral written or symbolic example criticizing the president or flagburning
Limited protection
Offensive speech. Commercial speech. Business or advertising
Unprotected speech
Speech not protected by the First Amendment and maybe for been totally
Establishment clause
First amendment clause prohibiting the government from either establishing a state religion or promoting one religion over another
Free exercise clause
First amendment clause that prohibits the government from interfering with the free exercise of religion. The government cannot force you to belong to a church
Equal protection clause. 14th amendment
A closet provides that a state cannot deny to any person within its jurisdiction the equal protection of the laws. Laws cannot classify and treat similarly situated persons differently. Artificial persons such as cores are also protected. Does not make the classification of individuals unlawful
Strict scrutiny test
Applied to classifications based on suspect class examples race. Fundamental rights. Example voting
Intermediate scrutiny test
Applied to classifications based on gender
Rational basis test
Applied to classifications not involving a suspect or protected class. Coral uphold government regulation so long as there is a justifiable reason for it. Permits much of the government regulation of business
Police powers. This doesn’t just mean the cops
Health, safety, morality, in general where. This is for the common good
Due process clause
No person shall be deprived of life, liberty, or property without due process of the law. Fifth Amendment federal government action. 14th amendment state and local government action. The government is not prohibited from taking a persons life, liberty, or property.
Intentional torts and negligence
Injured parties bring civil lawsuits to see compensation for wrongdoing to the party
Damages available
Toward damages. Punitive damages
Assault
Threat of the median harm or offensive contact. Any action that arises reasonable apprehension of imminent harm. Actual contact is unnecessary
Battery
Unauthorized and harmful or offensive physical contact with another person. Direct physical contact between victim and perpetrator unnecessary. May accompany assault
False imprisonment
Intentional containment or restraint of another person without authority or justification and without that person’s consent
