Chapter 5: Constitutional Law

Question 1

U.S. Constitution

Answer 1

• Establishes a “federalist” system of government
• Allocates power among the 3 branches of gov’t
• Establishes a system of checks and balances

Question 2

Federalism

Answer 2

A system of gov’t in which power is divided between a central authority (federal) and state government.

Question 3

Supremacy Clause

Answer 3

• 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.

Question 4

Judicial Review

Answer 4

The power of the court to review legislative and executive actions to determine whether they are constitutional.

Question 5

Federal Preemption

Answer 5

A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter.

Question 6

Commerce Clause (Article 1, Section 8)

Answer 6

• 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.

Question 7

Privileges and Immunities Clause

Answer 7

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.

Question 8

Full Faith and Credit Clause

Answer 8

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.

Question 9

Contract Clause

Answer 9

A clause in the U.S. constitution that prohibits the gov’t from unreasonably interfering with an existing contract.

Question 10

First Amendment

Answer 10

• Protects freedom of religion, press, speech, and peaceful assembly.
• Ensures that citizens have the right to ask the gov’t to redress grievances.

Question 11

Political Speech

Answer 11

Speech that is used to support political candidates or referenda.

Question 12

Commercial Speech

Answer 12

Speech made by businesses about commercial matters, such as the sale of goods and services.

Question 13

Unprotected Speech

Answer 13

Speech not protected by the 1st Amendment such as defamation, obscenity, libel,fighting words

Question 14

Freedom of Religion

Answer 14

2 provisions in 1st Amend. that protect citizens freedom of religion.

1. Establishment Clause
2. Free-Exercise Clause

Question 15

Establishment Clause

Answer 15

Prohibits:

- Establishment of a national religion by congress and the preference of one religion over another.

Question 16

Free-Exercise Clause

Answer 16

States that government cannot make a law prohibiting the free exercise of religion.

Question 17

Fourth Amendment

Answer 17

• Unreasonable search and seizure.

- Ensures that gov’t issues warrants only with probable cause.

Question 18

Probable Cause

Answer 18

Sufficient reason based on known facts to obtain a warrant.

Question 19

Fifth Amendment

Answer 19

1. Ensures gov’t does not put citizens on trial except upon indictment by a grand jury.
2. Privilege against self incrimination
3. Prevents Double Jeopardy
4. Creates the right to Due Process
5. Gov’t cannon take private property for public use without just compensation.

Question 20

Due Process

Answer 20

Clause in 5th Amend. providing that the government cannot deprive an individual of life, liberty, or property without a fair and just hearing.

Question 21

Procedural Due Process

Answer 21

The requirement that a gov’t must use fair procedures before depriving a person of life, liberty, or property.

Question 22

Substantive Due Process

Answer 22

the requirement for laws depriving an individual of lifer, liberty, and property to be fair and not arbitrary.

Question 23

Takings Clause (Eminent Domain)

Answer 23

Clause that requires when the gov;t uses its power to take private property for public use, it must pay the owner just compensation.

Question 24

Fourteenth Amendment

Answer 24

Contains the Equal Protection Clause which prevents states from denying the equal protections of the law to any citizen.

Question 25

Equal Protection Clause

Answer 25

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.

Question 26

Strict Scrutiny

Answer 26

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)

Question 27

Intermediate Scrutiny

Answer 27

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)

Question 28

Rational-Basis Test

Answer 28

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)