Chapter 4 Flashcards

1
Q

Sovereignty

A

The quality of having independent authority over a geographic area

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2
Q

Police powers

A

State regulatory powers, may be exercised to promise the public order, health, safety, morals and general welfare

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3
Q

Privileges and immunities clause

A

Requires states not to discriminate against on anothers citizens. A citizen of one state can not be treated like an alien in another state. May not be denied legal protection, access to courts, travel rights, and property rights

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4
Q

Full faith and credit clause

A

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. The Clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states

Ex: same sex marriage

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5
Q

Checks and balances

A

The system by which each of the three branches of the national government exercise checks on the powers of the other branches

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6
Q

Commerce clause

A

The provision in article 1, section 8 of the constitution that gives congress the power to regulate interstate commerce

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7
Q

Supremacy clause

A

The constitution, laws, and treaties are the supreme law of the land. Under this clause, state and local laws that directly conflict with federal law will be rendered invalid

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8
Q

Preemption

A

A doctrine under which certain federal laws preempt, or take precedence over conflicting state or local laws

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9
Q

Bill of rights

A

The first 10 amendments

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10
Q

Symbolic speech

A

Nonverbal conduct that expresses opinions or thoughts about a subject, protected under first amendment

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11
Q

Unprotected speech

A

Obscene speech
Online obscenity
Virtual pornography

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12
Q

Establishment clause

A

The provision in the first amendment to the US constitution that prohibits congress from creating any law “respecting an establishment of religion”

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13
Q

Free exercise clause

A

The provision in the first amendment that prohibits congress from making any law “prohibiting the free exercise” of religion

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14
Q

Search warrant

A

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

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15
Q

Probable cause

A

Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person

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16
Q

Due process clause

A

Guarantee that no person shall be deprived of life, liberty, or property without due process of law.

17
Q

Equal protection clause

A

Guaranteed no state will “deny to any person within its jurisdiction the equal protection of the laws”. This clause mandates that state governments treat similarly situated individuals in a similar manner

18
Q

Federal form of government

A

A system of government in which the states form a union and the sovereign power is divided between a central government and the member states

19
Q

Dormant commerce clause

A

The states have to defer to the Feds

20
Q

First amendment

A

Freedom of religion, speech, press, peacefully assemble, to petition the government

21
Q

2nd amendment

A

Right to bear arms

22
Q

4th amendment

A

Unreasonable search and seizures

23
Q

5th amendment

A

Fair payment of property taken for gov use (eminent domain)

24
Q

6th amendment

A

Right to counsel and a speedy trial

25
Q

14th amendment

A

Imposes the first 10 amendments onto the states

26
Q

3 levels of equal protection

A

Strict scrutiny
Intermediate scrutiny
Rational basis

27
Q

Patriot act

A

Powers the gov. Agencies to finance missions where the US might be subject to some kind of attack.