Chapters 2-4 Flashcards
Articles of Confederation
-power remained with the states
-But there were serious problems- trade and commerce, economic depression,debtors, prisons, not way for country to get revenue (levying taxes)
-Convention was called to amend the
A.O.C, but instead we got a new constitution
Federalism and the Separation of Powers
Some wanted power to remain with states, some in a central power. The constitution created a compromise
Federal form of government
A system in which the national government and the states share power.
-States form a union and the sovereign power is divided between a central governement and the member states
What three branches did we divide the federal governemnt into?
- Legislative branch- Makes the Laws
- Executive Branch- enforces the laws
- Judicial branch- Interprets the laws
What is the 10th amenddment?
Establishes that those powers neither delegated to the federal governement nor denied to the states are reserved for the states.
Checks and Balances
Each branch has actions it can do to limit the other 2 branches power
What can the cress and president do when it comes to Checks and Balances
- Congress enacts laws but president can veto
- President is in charge of foreign affairs, but treaties require the advice and consent of the senate
- Congress determines the jurisdiction of the Federal courts and the president appoints federal judges, with the advice and consent of the senate, but the judicial branch has the power to hold actions of the other two branches unconstitutional
Commerce Clause
To promote continuity in trade and commerce among the states, the constitution expressly delegated to the federal government the power to regulate interstate commerce
–This has greater impact in business than anyother provision of the constitution
What does the commerce clause state?
Article 1, section 8 states that the congress has the power to “regulate commerce with foreign nations and among the several states and with the indian tribes”
At first, the commerce clause was interpreted as being limited to _______ ______(commerce amoung the various states) and not applicable to _____ _____ (Commerce within a particular state)
Interstate; Intrastate
Gibbons Vs. Ogden
Ogden worked for fulton and New York gave fulton a monopoly on stream navigation on teh waters of New York. The U.S. Government also gave gibbons one
-In this case the U.S. supreme court held that commerce within states could also be regulated by the national government as long as the commerce substantially affected commerce involving more than one state.
State regulatory powers are often referred to as
Police powers
These powers may be exercised to protect or promote:
- Health
- Safety
- morals
- General welfare
Generally laws enacted pursuant to a states police powers carry a…
Stong presumption of Validity
The state law cannon _____ _____ interstate commerce or it will be struck down as a violation of the commerce clause
Substantially burden
When state regulations affect interstate commerce, courts must balance the state’s interest in the ____ and ____ of the regulation aganist the burden placed on interstate commerce
Merits; purposes
A law does not become ______ because it works a hardship (including substantial expenditures)
Unconstitutional
U. S. Constitution authorizes the ______ ______ to regulate interstate commerce
National Government
Is Cyberspace interstate commerce? yes or no?
Yes
Does the commerce clause restrict states from interfering with cyberspace activity? yes or no?
Yes
Can a state pass legislation requiring state libraries to filter the data their patrons could access over the internet from the libraries computers? yes or no?
No
Article 6 of the Constitution provides that the constitution, laws and treaties of the United States are the “ Supreme law of the land.”
Supremacy Clause
When a state law is in conflict with any of these it is _____
Invalid
Because some powers are _____ (shared by the federal government and the states), we must determine which law governs in a particular case. When congress chooses to act exclusively in a _____ area, it is said to have preempted the area
Concurrent; concurrent
A doctrine under which says certain federal laws preempt, or take precedence over conflicting state or local laws
Doctrine of Preemption
Congress has the ____ to tax so long as it bears a reasonable relationship to revenue production
Power
Congress has the power to ____ the money it collects (pay the debts, provide for the common defense, etc.)
spend
Protects individuals against various types of interference by the federal government
Bill of Rights
At first, the ____ __ ____ limited only the powers of the federal government
Bill of Rights
Most of the rights were incorporated into the amendment and then applied to state governments as well ( no state shall… deprive any person of life, liberty, or property, without due process of law
14 amendment
Courts generally have protected this right to the fullest extent possible- our most cherished right
First Amendment- Freedom of speech
Nonverbal expressions of beliefs such as gestures, movements,clothing, etc. it is also given substantial protection by the courts
Symbolic speech
Which speech is not as well protected as that given to _______ speech
Uncommercial
Misleading advertising
Beautification of roadsides- gaudy, big bilboards
- these can have restraintsplaced on their use
- It must seek to implement a substantial governement interest
- It must directly advance that interest AND
- It must go no farther than necessary to accomplish this objective
Restictions on commercial speech will be considered valid if it meets these 3 criteria
