Chapter 4: Business and the Constitution Flashcards
Federal Form of Government
Federal and state govt SHARE sovereign power.
Sovereignty
the power (of a state) to govern itself.
Police Powers
state regulatory powers.
Police powers, inherent in the state, give the state the right to promote _________ ___________, __________, __________, and general welfare.
public order; safety; morals
Privileges and Immunities Clause
Requires states not discriminate against another state’s citizen.
Foreign citizen of one state can’t be denied privileges and immunities of another state.
Full Faith and Credit Clause
Contracts, wills, deeds, judicial decisions of one state must be honored and enforced by all other states.
Checks and balances
Enables each branch to limit actions of 2 other branches.
(to make sure no one branch exercises too much power)
Commerce Clause
Gives Congress right to regulate interstate commerce (trade between states).
“Dormant” Commerce Clause
The implied negative aspect of the commerce clause.
The state’s don’t have power to regulate (impede / place a burden on) interstate commerce.
Supremacy Clause
No law exceeds Constitution (i.e. “the supreme law of the land.”)
Preemption
Congress acts w/ exclusive authority over areas where federal and state law are concurrent.
Bill of Rights
First 10 Amendments of the Constitution
Symbolic Speech
Forms of symbolic / expressive speech protected by First Amendment
i.e. taking a knee before the game, burning a flag, protest etc…
Compelling Government Interest
test of constitutionality
governent has to have substantial reason for passing laws restricting individual’s right (like free speech).
law must pose compelling government interest.
Filtering Software
software installed on electronic devices in schools and libraries that prevent children from search adult content.
Meta tags are __________ words on a document, that can serve as an ____________ reference to the document.
(used for filtering pornographic searches)
index; index
Establishment Clause
Governent can’t codify law establishing 1 religion for the United States.
Free Exercise Clause
Prohibits government interference w/ people’s religious practices.
Due Process Clause
no one shall be deprived of life, liberty, or property without due process of law.
Two forms of Due Process
Procedural Due Process
Substantive Due Process
Procedural Due Process requires that the _______________ issue a forewarning to the _____________ whose __________, ___________, and _______________ are being taken, and that the _____________ have an opportunity to be ______________.
government; person; life; liberty; property; person; heard
Substantive Due Process regulates the ________________ of legislation. Enforces that the ______________ of legislation must be _________ and further a legitimative govt. _______________.
content; content; fair; objective
Equal Protection Clause
Everyone within a state’s jurisdiction must recieve equal protection under the law.
Treat equally situated persons in a similar manner.
Three standards courts use for Cases of Equal Protection
Strict Scrutiny
Intermediate Scrutiny
“Rational Basis” Test
Strict scrutiny says laws that _____________ a person’s ________________ rights are subject to _____________ ______________. ______________ _________________ like ___________, ____________ _____________, or ________________ are subject to strict scrutiny.
inhibit; fundamental; strict scrutiny; Suspect classifications; race; national origin; citizenship
Intermediate scrutiny deals with laws that violate a person’s rights based on _____________ and ________________ (quasi-suspect classifications). Intermediate scrutiny requires that the discriminatory law against this classification further an ____________ _______________ ______________.
gender; legitimacy; important government objective
Rational Basis Test: any classification can be validated if theres a “___________ __________” on which the government has a _________________ ___________________ ________________ for the application of the law.
rational basis; legitimate governmental interest
