Chapter 4 - Constitutional Law Flashcards
Privilege and immunities Clause
When state treats own residence more favorably
Alaska Hire
Full Faith and Credit Clause
States need to give FF & Credit to to laws of other states
(same sex marriage)
2 aspects of Commerce Clause
Positive Aspect - feds only regulate interstate commerce
Dormant Aspect - When state enacts law having an adverse effect on state on interstate commerce
3 ways to analyze statues under the constitution
- Strict Scrutiny - Fundamental rights
- Intermediate Scrutiny - Gender
- Rational Basis - Legitimate governmental interest through which there is a rational basis
Federal Preemption
States cannot make determinations as to who owns right to work of authorship of inventions
(Trademarks can be regulated by states)
Actual Malice
Knowingly making false statements with reckless disregard for the truth
4 components of Obscene Speech
- Contemporary community Standards
- Appeal to prurient interest (Sexually arousing)
- Patently offensive sexual conduct
- Lacks any redeeming artistic, literary, scientific or political merit
Indecent speech
Crude and crass
3 criteria for Restricting commercial speech
Law must seek to implement substantial governmental interest
Must directly advance that interest
Must go no further than necessary to accomplish that objective
Establishment clause of the 1st amendment
The government can’t impose religion
The Right to bear arms is a ____ right not an _____ right
Private, unfettered
How is Proof of probable cause established?
Submission of affidavit
Fruit of the poisonous tree
Illegal search without a warrant
2 Exceptions to needing probable cause
Hot Pursuit
Plane view
2 types of due process
- Procedural - Fair procedures-
Process, right to trial, confront witnesses - Substantive - limits what government can do to impede your actual rights
