Chapter 5 Constitutional principles Flashcards
according to which the authority to govern is divided between federal and state governments
federalism
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
the states
each branch’s powers keep the other branches from dominating the government
checks and balances
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)
judicial review
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
judidical duty
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
supremacy clause
both government have the power to regulate the same subject matter (in some areas the state and federal government have this)
concurrent authority
A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same subject matter
federal preemption/field preemption
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)
commerce clause
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.
police power
the restriction on states authority to pass laws that substantially affect interstate commerce
dormant commerce clause
prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities
privileges and immunities clause
requires that courts in all states uphold contracts and public acts established in other states
full faith and credit clause
no law can be passed that will unreasonably interfere with existing contracts
contract clause
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.
political speech