Chapter 4 Flashcards
Police Powers
State regulatory powers; right of state gov’t to regulate private activities to protect or promote the public order, safety, welfare, etc
Privileges and Immunities Clause
Art 4, Sec 2; prevents state from imposing unreasonable burdens on citizens of another state with regard to livelihood or doing business; prevents state from discriminating against citizens of other states in favor of its own; applies only to discriminiation for which the state cannot demonstrate a substantial reason significantly related to its objective; (i.e. hiring preferences are illegal, but increased out of state tuition is allowed since the state articulated a substantial reason for the difference
Full Faith and Credit Clause
Art 4, Sec 1; applies only to civil matters; ensures rights established under deeds, wills, contracts, etc are honored by other states; promotes interstate commerce & unity
Commerce Clause
Art 1, Sec 8; gives national government power to regulate interstate commerce
Gibbons vs. ogden
expanded commerce power to include regulation of commerce within the state if it impacts other states
Supremacy Clause
US constitution, laws, and treaties are the supreme laws of the land
Preemption
Congress chooses to act exclusively in an area in which the federal and state governments have concurrent powers
Taxing and Spending Powers
Art 1, Sec 8; right to tax citizens and spend money
Freedom Of Religion Clauses
Establishment clause - separation of church and state; no laws passed showing preference/promoting one religion over another; still can pass laws impacting citizens such as sunday “closing” laws
Free Exercise Clause - Cannot prohibit the free exercise of religious practices; except actions negatively impacting public policy & welfare
Part of 1st Amendment Rights
Fourth Amendment
Searches & Seizures; must have probable cause to get search warrant from judge; no general warrants
Fifth Amendment
Self- Incrimination - accused person cannot be forced to give testimony that might subject him to criminal prosecution; does not apply to corporations and partnerships, only sole proprietors & sole practitioners
Two Aspects of Due Process Clause
Procedural and Substantive; apply to “legal persons” and individuals
Procedural Due Process
Right to fair procedure before taking life, liberty, or property; at least the opportunity to object
Substantive Due Process
Limits what the government may do in its legislative and executive capacities; cant limit fundamental rights; virtually any business regulation will be upheld as reasonable
“Fundamental” Rights
interstate travel, privacy, voting, marriage, family and first amendment rights
