Chapter 5 Constitutional Principles

Question 1

U.S. Constitution role?

Answer 1

Set forth framework of government system ( federalism) the nation by establishing the system to divide power between federal and states, and three branches of government ( legislative, executive and judicial branches)

Establish check and balance

10th amendment - federal won’t take power away from state

Question 2

How is check and balance works?

Answer 2

Legislature branch pass law, president can veto it, the legislature can overturn president by passing voted of 2/3 by members of Congress.

If Congress pass a bill the president sign it, the judiciary can strike it down as unconstitutional.

Question 3

Where is the Supremacy Clause located?

What is commerce clause?

Answer 3

Article four of the Constitution, provide the Constitution, laws and treaties of US constitute the supreme law of land.

Federal regulation of business, locate un Article one, S. 8 of Constitution. States US Congress has power to regulate Commerce with foreign nations, and among states and Indian Tribes.

Question 4

Concurrent authority

Answer 4

Both federal and state government have authority over subject

If federal decide to regulate that area exclusively, it is called federal preemption.

Question 5

Fourth amendment

Answer 5

Protecting citizens the right to be secure in their homes and property. Such as policy can’t search homes without a warrant.

Besides that, it also protect corporations and places of business.

Question 6

First amendment

Answer 6

Freedom of speech and assembly ( including political speech)

Question 7

Second amendment

Answer 7

Right to bear arms

Question 8

Third

Answer 8

Can’t house soldiers during peace or war time in private homes

Question 9

Sixth

Answer 9

Legal issues related to accuse or sentence citizens, give them enough freedom to defend for themselves, and having attorneys to help them.

Question 10

Fifth

Answer 10

Related to legal issues, make sure citizens have rights to have a fair proceeds ( due process- procedural due process ( gov. Use fair procedures, substantive- fairness of law)

When gov take private place for public use, must pay fair value use of the space called talkings clause.

Contains due process clause

Question 11

Seven

Answer 11

Monetary value exceed $20, can trial by jury

Question 12

Eighth

Answer 12

Bail out price is not outrageous

Prohibit excessive fines and crucial punishments

Question 13

Nine

Answer 13

Can retain other rights besides the ones in the Bill

Privacy rights

Question 14

Tenth

Answer 14

Power does not give to federal then will be served to the state

Question 15

Fourteenth amendments

Answer 15

Equal protection clause- gov, treat all citizens equally

Question 16

Tax and spend clause is in what section?

Answer 16

Article 1 section 8

Question 17

Privileges and immunities

Answer 17

Prohibit state to discriminate against citizens from out of state

Question 18

Dormant commerce law

Answer 18

休眠电子商务法

State can’t pass law to

Question 19

Where to find full faith and credit clause?
What about privileges and immunities clause?
Tax and spend clause? Commerce clause?

Answer 19

Article four, section one
Article four, section two
Article one, section eight, same for commerce clause

Question 20

Government can’t deprive (剥夺）one life, liberty or property without?

Answer 20

Due process (正当程序）
Takes two forms: procedural and substantive

Question 21

What does contract clause say?

Answer 21

No law can be passed that will unreasonably interfere with existing contracts ( in article one)

Question 22

Obscene speech

Answer 22

淫秽言论

Question 23

Suspect classification las strict scrutiny review in?

Hate speech satisfied the definition of fighting words

Answer 23

A compelling state interest is promoted

Question 24

What is a courts power to review actions of other branches of government or lower court’s findings?

Answer 24

The process of judicial

Most law passes with rational basis review