Clause Flashcards
______________ establishes that the constitution, and federal laws made pursuant to it and treaties made under it, constitute the supreme law of the land
Supremacy Clause
___________ section of the constitution allowing congress to pass all laws necessary and proper to its duties and that has permitted congress to exercise powers not specifically give to it (enumerated to it)
Necessary and Proper Clause
____________ laws should not punish speech unless their is a clear and present danger of producing harmful actions
ex; falsely screaming fire in a crowded room.
Clear and Present Danger Test
________________ court ruling that the government can not be involved in religion
Wall of Separation
___________________ included in both the fifth and fourteenth amendments. This clause prohibits the government from depriving a person of their right to liberty and property without fundamental guarantee that the legal proceedings are clear and understood
Due process clause
____________________ no state can deny a person equal protection under the law based on race, sex, religion, or for any other reason. A Standard of equal treatment that must be observed by the government. This is stated in the 14th amendment.
Equal protection clause
The three test that the Supreme Court established in order to determine whether a government policy is unconstitutional discrimination
-rational basis
intermediate scrutiny
-strict scrutiny
____________ if the policy uses reasonable means to achieve a legitimate government goal, it is constitutional
rational basis
______________ if the policy serves an important government interest and is substantially related to serving that interest than it is constitutional
intermediate scrutiny
_______________ to be constitutional the discrimination must serve a COMPELLING government interest. It must be narrowly taylored to obtain that interest. And it must use the least restrictive means to obtain it.
ex: distinction on race, ethnicity, to voting must pass this test.
strict scrutiny
