Chapter 5 Constitutional principles Flashcards

1
Q

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

A

federalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A

the states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

checks and balances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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)

A

judicial review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

judidical duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

supremacy clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

A

concurrent authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

federal preemption/field preemption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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)

A

commerce clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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.

A

police power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

dormant commerce clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

privileges and immunities clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

full faith and credit clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

contract clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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.

A

political speech

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

commercial speech

17
Q

corporate speech is either

A

political speech or
commercial speech

18
Q

government shall make no law respecting an establishment of religio

A

establishment clause

19
Q

government cannot make a low prohibiting the free exercise of religion

A

free exercise clause

20
Q

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

A

due process clause

21
Q

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

A

procedural due process

22
Q

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

A

substantive due process

23
Q

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.

A

takings clause

24
Q

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.

A

strict scrutiny

25
Q

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

A

intermediate scrutiny

26
Q

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

A

rational based test

27
Q

classifications based on race, national origin, and citizenship

A

suspect classification