Chapter 4: Business and the Constitution

Question 1

Federal Form of Government

Answer 1

Federal and state govt SHARE sovereign power.

Question 2

Sovereignty

Answer 2

the power (of a state) to govern itself.

Question 3

Police Powers

Answer 3

state regulatory powers.

Question 4

Police powers, inherent in the state, give the state the right to promote _________ ___________, __________, __________, and general welfare.

Answer 4

public order; safety; morals

Question 5

Privileges and Immunities Clause

Answer 5

Requires states not discriminate against another state’s citizen.

Foreign citizen of one state can’t be denied privileges and immunities of another state.

Question 6

Full Faith and Credit Clause

Answer 6

Contracts, wills, deeds, judicial decisions of one state must be honored and enforced by all other states.

Question 7

Checks and balances

Answer 7

Enables each branch to limit actions of 2 other branches.

(to make sure no one branch exercises too much power)

Question 8

Commerce Clause

Answer 8

Gives Congress right to regulate interstate commerce (trade between states).

Question 9

“Dormant” Commerce Clause

Answer 9

The implied negative aspect of the commerce clause.

The state’s don’t have power to regulate (impede / place a burden on) interstate commerce.

Question 10

Supremacy Clause

Answer 10

No law exceeds Constitution (i.e. “the supreme law of the land.”)

Question 11

Preemption

Answer 11

Congress acts w/ exclusive authority over areas where federal and state law are concurrent.

Question 12

Bill of Rights

Answer 12

First 10 Amendments of the Constitution

Question 13

Symbolic Speech

Answer 13

Forms of symbolic / expressive speech protected by First Amendment

i.e. taking a knee before the game, burning a flag, protest etc…

Question 14

Compelling Government Interest

Answer 14

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.

Question 15

Filtering Software

Answer 15

software installed on electronic devices in schools and libraries that prevent children from search adult content.

Question 16

Meta tags are __________ words on a document, that can serve as an ____________ reference to the document.

(used for filtering pornographic searches)

Answer 16

index; index

Question 17

Establishment Clause

Answer 17

Governent can’t codify law establishing 1 religion for the United States.

Question 18

Free Exercise Clause

Answer 18

Prohibits government interference w/ people’s religious practices.

Question 19

Due Process Clause

Answer 19

no one shall be deprived of life, liberty, or property without due process of law.

Question 20

Two forms of Due Process

Answer 20

Procedural Due Process

Substantive Due Process

Question 21

Procedural Due Process requires that the _______________ issue a forewarning to the _____________ whose __________, ___________, and _______________ are being taken, and that the _____________ have an opportunity to be ______________.

Answer 21

government; person; life; liberty; property; person; heard

Question 22

Substantive Due Process regulates the ________________ of legislation. Enforces that the ______________ of legislation must be _________ and further a legitimative govt. _______________.

Answer 22

content; content; fair; objective

Question 23

Equal Protection Clause

Answer 23

Everyone within a state’s jurisdiction must recieve equal protection under the law.

Treat equally situated persons in a similar manner.

Question 24

Three standards courts use for Cases of Equal Protection

Answer 24

Strict Scrutiny
Intermediate Scrutiny
“Rational Basis” Test

Question 25

Strict scrutiny says laws that _____________ a person’s ________________ rights are subject to _____________ ______________. ______________ _________________ like ___________, ____________ _____________, or ________________ are subject to strict scrutiny.

Answer 25

inhibit; fundamental; strict scrutiny; Suspect classifications; race; national origin; citizenship

Question 26

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 ____________ _______________ ______________.

Answer 26

gender; legitimacy; important government objective

Question 27

Rational Basis Test: any classification can be validated if theres a “___________ __________” on which the government has a _________________ ___________________ ________________ for the application of the law.

Answer 27

rational basis; legitimate governmental interest