Chapters 2-4

Question 1

Articles of Confederation

Answer 1

-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

Question 2

Federalism and the Separation of Powers

Answer 2

Some wanted power to remain with states, some in a central power. The constitution created a compromise

Question 3

Federal form of government

Answer 3

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

Question 4

What three branches did we divide the federal governemnt into?

Answer 4

1. Legislative branch- Makes the Laws
2. Executive Branch- enforces the laws
3. Judicial branch- Interprets the laws

Question 5

What is the 10th amenddment?

Answer 5

Establishes that those powers neither delegated to the federal governement nor denied to the states are reserved for the states.

Question 6

Checks and Balances

Answer 6

Each branch has actions it can do to limit the other 2 branches power

Question 7

What can the cress and president do when it comes to Checks and Balances

Answer 7

1. Congress enacts laws but president can veto
2. President is in charge of foreign affairs, but treaties require the advice and consent of the senate
3. 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

Question 8

Commerce Clause

Answer 8

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

Question 9

What does the commerce clause state?

Answer 9

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”

Question 10

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)

Answer 10

Interstate; Intrastate

Question 11

Gibbons Vs. Ogden

Answer 11

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.

Question 12

State regulatory powers are often referred to as

Answer 12

Police powers

Question 13

These powers may be exercised to protect or promote:

Answer 13

• Health
• Safety
• morals
• General welfare

Question 14

Generally laws enacted pursuant to a states police powers carry a…

Answer 14

Stong presumption of Validity

Question 15

The state law cannon _____ _____ interstate commerce or it will be struck down as a violation of the commerce clause

Answer 15

Substantially burden

Question 16

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

Answer 16

Merits; purposes

Question 17

A law does not become ______ because it works a hardship (including substantial expenditures)

Answer 17

Unconstitutional

Question 18

U. S. Constitution authorizes the ______ ______ to regulate interstate commerce

Answer 18

National Government

Question 19

Is Cyberspace interstate commerce? yes or no?

Answer 19

Yes

Question 20

Does the commerce clause restrict states from interfering with cyberspace activity? yes or no?

Answer 20

Yes

Question 21

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?

Answer 21

No

Question 22

Article 6 of the Constitution provides that the constitution, laws and treaties of the United States are the “ Supreme law of the land.”

Answer 22

Supremacy Clause

Question 23

When a state law is in conflict with any of these it is _____

Answer 23

Invalid

Question 24

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

Answer 24

Concurrent; concurrent

Question 25

A doctrine under which says certain federal laws preempt, or take precedence over conflicting state or local laws

Answer 25

Doctrine of Preemption

Question 26

Congress has the ____ to tax so long as it bears a reasonable relationship to revenue production

Answer 26

Power

Question 27

Congress has the power to ____ the money it collects (pay the debts, provide for the common defense, etc.)

Answer 27

spend

Question 28

Protects individuals against various types of interference by the federal government

Answer 28

Bill of Rights

Question 29

At first, the ____ __ ____ limited only the powers of the federal government

Answer 29

Bill of Rights

Question 30

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

Answer 30

14 amendment

Question 31

Courts generally have protected this right to the fullest extent possible- our most cherished right

Answer 31

First Amendment- Freedom of speech

Question 32

Nonverbal expressions of beliefs such as gestures, movements,clothing, etc. it is also given substantial protection by the courts

Answer 32

Symbolic speech

Question 33

Which speech is not as well protected as that given to _______ speech

Answer 33

Uncommercial
Misleading advertising
Beautification of roadsides- gaudy, big bilboards
- these can have restraintsplaced on their use

Question 34

1. It must seek to implement a substantial governement interest
2. It must directly advance that interest AND
3. It must go no farther than necessary to accomplish this objective

Answer 34

Restictions on commercial speech will be considered valid if it meets these 3 criteria