Chapter 4 Flashcards
Sovereignty
The quality of having independent authority over a geographic area
Police powers
State regulatory powers, may be exercised to promise the public order, health, safety, morals and general welfare
Privileges and immunities clause
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
Full faith and credit clause
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
Checks and balances
The system by which each of the three branches of the national government exercise checks on the powers of the other branches
Commerce clause
The provision in article 1, section 8 of the constitution that gives congress the power to regulate interstate commerce
Supremacy clause
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
Preemption
A doctrine under which certain federal laws preempt, or take precedence over conflicting state or local laws
Bill of rights
The first 10 amendments
Symbolic speech
Nonverbal conduct that expresses opinions or thoughts about a subject, protected under first amendment
Unprotected speech
Obscene speech
Online obscenity
Virtual pornography
Establishment clause
The provision in the first amendment to the US constitution that prohibits congress from creating any law “respecting an establishment of religion”
Free exercise clause
The provision in the first amendment that prohibits congress from making any law “prohibiting the free exercise” of religion
Search warrant
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
Probable cause
Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person
Due process clause
Guarantee that no person shall be deprived of life, liberty, or property without due process of law.
Equal protection clause
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
Federal form of government
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
Dormant commerce clause
The states have to defer to the Feds
First amendment
Freedom of religion, speech, press, peacefully assemble, to petition the government
2nd amendment
Right to bear arms
4th amendment
Unreasonable search and seizures
5th amendment
Fair payment of property taken for gov use (eminent domain)
6th amendment
Right to counsel and a speedy trial
14th amendment
Imposes the first 10 amendments onto the states
3 levels of equal protection
Strict scrutiny
Intermediate scrutiny
Rational basis
Patriot act
Powers the gov. Agencies to finance missions where the US might be subject to some kind of attack.
