Chapter two Flashcards
Sovereignty
The quality of having independent authority over a geographic area
Police Powers
public order
health
safety
morals
general welfare
Privileges and Immunities Clause
Requires states not to discriminate against one another’s citizens
legal protection
access to courts
travel rights
property rights
Full Faith and Credit Clause
ensures rights declared under deeds, wills, and contracts are honored in any state
Commerce Clause
congress has the explicit authority to regulate commerce
Dormant Commerce Clause
States have implicit restrictions to regulate interstate commerce
Supremacy Clause
supreme law of land - federal government has standards or baselines and states can still make decisions one baseline is met
Preemption
State has no say or authority, federal government takes full control
Unprotected Speech
fighting words
speech that harms the good reputation of others
defamatory speech
threats or obscene speech
Establishment Clause
prohibits Congress from creating any law “respecting an establishment of religion”
free exercise clause
prohibits congress from creating any law “prohibiting the free exercise” of religion
Probable clause
reasonable grounds for believing a search should be conducted
due process clause
provisions of 5th and 14th amendment - no person shall be deprived of life, liberty or property without due process of law
Separation of Power
Exec checks Leg
Leg checks jud
jud checks exec
Strict scrutiny
if a law or action prohibits persons from exercising their fundamental rights (bill of rights) its subject to strict scrutiny
