Chapter 5: Constitutional Law Flashcards
U.S. Constitution
- Establishes a “federalist” system of government
- Allocates power among the 3 branches of gov’t
- Establishes a system of checks and balances
Federalism
A system of gov’t in which power is divided between a central authority (federal) and state government.
Supremacy Clause
- Provides that federal law is the “supreme law” of the United States.
- Any state or local law that directly conflicts with federal law is void.
Judicial Review
The power of the court to review legislative and executive actions to determine whether they are constitutional.
Federal Preemption
A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter.
Commerce Clause (Article 1, Section 8)
- Authorizes Congress to regulate commerce with foreign nations and among the several states.
- The primary source of authority for federal regulation of business.
- Simultaneously empower the federal gov’t and restricts the power of state gov’ts.
Privileges and Immunities Clause
A clause in the U.S. Constitution requiring a state to grant citizens of other states the same legal benefits that it grants its own citizens.
Full Faith and Credit Clause
A clause in the U.S. Constitution mandating that each state must recognize, respect, and enforce the public records, legislative acts, and judicial decisions of the other states.
Contract Clause
A clause in the U.S. constitution that prohibits the gov’t from unreasonably interfering with an existing contract.
First Amendment
- Protects freedom of religion, press, speech, and peaceful assembly.
- Ensures that citizens have the right to ask the gov’t to redress grievances.
Political Speech
Speech that is used to support political candidates or referenda.
Commercial Speech
Speech made by businesses about commercial matters, such as the sale of goods and services.
Unprotected Speech
Speech not protected by the 1st Amendment such as defamation, obscenity, libel,fighting words
Freedom of Religion
2 provisions in 1st Amend. that protect citizens freedom of religion.
- Establishment Clause
- Free-Exercise Clause
Establishment Clause
Prohibits:
- Establishment of a national religion by congress and the preference of one religion over another.
Free-Exercise Clause
States that government cannot make a law prohibiting the free exercise of religion.
Fourth Amendment
- Unreasonable search and seizure.
- Ensures that gov’t issues warrants only with probable cause.
Probable Cause
Sufficient reason based on known facts to obtain a warrant.
Fifth Amendment
- Ensures gov’t does not put citizens on trial except upon indictment by a grand jury.
- Privilege against self incrimination
- Prevents Double Jeopardy
- Creates the right to Due Process
- Gov’t cannon take private property for public use without just compensation.
Due Process
Clause in 5th Amend. providing that the government cannot deprive an individual of life, liberty, or property without a fair and just hearing.
Procedural Due Process
The requirement that a gov’t must use fair procedures before depriving a person of life, liberty, or property.
Substantive Due Process
the requirement for laws depriving an individual of lifer, liberty, and property to be fair and not arbitrary.
Takings Clause (Eminent Domain)
Clause that requires when the gov;t uses its power to take private property for public use, it must pay the owner just compensation.
Fourteenth Amendment
Contains the Equal Protection Clause which prevents states from denying the equal protections of the law to any citizen.
Equal Protection Clause
Clause in the 14th amend. that prevents states from denying the equal protection of the law to any citizen. This clause implies that all citizens are created equal.
Strict Scrutiny
The most exacting standard of review used by the courts in determining the constitutionality of a statute; requires a compelling gov’t interest and the least restrictive means of attaining that objective.
-Applies to “suspect classifications” based on race, national origin, and/or citizenship that would prevent individuals from exercising a fundamental right. (Compelling state interest)
Intermediate Scrutiny
A standard of review under which a law must be necessary to achieve a substantial or important gov’t interest and it must be narrowly tailored to that interest.
-Test applies to classifications based on gender or on the legitimacy of children. (important gov’t objective)
Rational-Basis Test
The lowest standard of review; requires a law to be designed to protect a legitimate state interest and be rationally related to that interest.
-Test applies to all other maters. (“Legitimate gov’t interest)
