Chapter 5 Constitutional principles

Question 1

according to which the authority to govern is divided between federal and state governments

Answer 1

federalism

Question 2

According to the tenth amendment to the constitution, all powers that the constitution neither gives exclusively to the deferral government nor takes from the states are reserved for

Answer 2

the states

Question 3

each branch’s powers keep the other branches from dominating the government

Answer 3

checks and balances

Question 4

allows courts to review legislative and executive actions to determine whether they are constitutional (also allows courts to review the constitutionality of lower courts decisions)

Answer 4

judicial review

Question 5

If a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case [conforms] to the law, disregarding the constitution; or [conforms] to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case

Answer 5

judidical duty

Question 6

provides that the constitution, laws, and treaties of the united states constitute the supreme law of the land, “any things in the constitution or laws of any state to the contrary notwithstanding/”. Any state or local law that directly conflicts with the constitution, federal laws or treaties is void

Answer 6

supremacy clause

Question 7

both government have the power to regulate the same subject matter (in some areas the state and federal government have this)

Answer 7

concurrent authority

Question 8

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

Answer 8

federal preemption/field preemption

Question 9

states the US congress has the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” (this allocation of authority simultaneously empowers the federal government and restricts the power of state governments)

Answer 9

commerce clause

Question 10

consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry. (Typical exercises of a state’s police power include state criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine.

Answer 10

police power

Question 11

the restriction on states authority to pass laws that substantially affect interstate commerce

Answer 11

dormant commerce clause

Question 12

prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities

Answer 12

privileges and immunities clause

Question 13

requires that courts in all states uphold contracts and public acts established in other states

Answer 13

full faith and credit clause

Question 14

no law can be passed that will unreasonably interfere with existing contracts

Answer 14

contract clause

Question 15

Speech that is used to support political candidates or referenda. Compared to other types of speech, it is given a high level of protection by the First Amendment.

Answer 15

political speech

Question 16

Speech made by businesses about commercial matters, such as the sale of goods and services. It is protected by the First Amendment.

Answer 16

commercial speech

Question 17

corporate speech is either

Answer 17

political speech or
commercial speech

Question 18

government shall make no law respecting an establishment of religio

Answer 18

establishment clause

Question 19

government cannot make a low prohibiting the free exercise of religion

Answer 19

free exercise clause

Question 20

government cannot deprive a person of life, liberty, or property without due process of law

Answer 20

due process clause

Question 21

requires a person to notice of any legal action against them and to a hearing before an impartial tribunal

Answer 21

procedural due process

Question 22

basic fairness of laws that may deprive an individual of her life, liberty, or property

Answer 22

substantive due process

Question 23

A clause in the Fifth Amendment of the US Constitution requiring that when government uses its power to take private property for public use, it must pay the owner just compensation, or fair market value, for the property. Also called just-compensation clause.

Answer 23

takings clause

Question 24

The most exacting standard of review used by the courts in determining the constitutionality of a statute; requires a compelling government interest and the least restrictive means of attaining that objective.

Answer 24

strict scrutiny

Question 25

the law is constitutional only if it is substantially related to an important government objective

Answer 25

intermediate scrutiny

Question 26

The lowest standard of review; requires that a law be designed to protect a legitimate state interest and be rationally related to that interest

Answer 26

rational based test

Question 27

classifications based on race, national origin, and citizenship

Answer 27

suspect classification