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Business Law > Constitutional Law > Flashcards

Constitutional Law Flashcards

1
Q

Federal Form of Government

A

The national Gov and the states share sovereign power, constitution gives the Feds power and all else is reserved to the states

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2
Q

3 Branches of Gov.

A

Legislative (makes laws), Executive (enforces laws), judicial (interprets laws)

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3
Q

Police Powers

A

Powers possessed by states as part of their inherent sovereignty

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4
Q

Preemption

A

Certain federal laws take precedence over conflicting state or local laws

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5
Q

Bill of Rights

A

First 10 Amendments to the Constitution

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6
Q

Amendment One

A

Freedom of Speech, religion, press, and the right to assemble peaceably and to petition the Gov.

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7
Q

Amendment Two

A

Right to keep and bear arms

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8
Q

Amendment Three

A

Prohibits, in peacetime, the lodging of soldiers in any house without the owners consent

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9
Q

Amendment Four

A

Prohibits unreasonable search and seizures of persons or property

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10
Q

Amendment Five

A

Can’t be tried twice, may remain silent, right to a grand jury trial and fair payment when private property is taken for public use, right against self-incrimination

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11
Q

Amendment Six

A

Right to a speedy and public trial by an impartial Jury and with counsel, accused has right to cross-examine witnesses and can call their own witnesses

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12
Q

Amendment Seven

A

Right to a trial by jury in a civil case involving >$20

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13
Q

Amendment Eight

A

Prohibits excessive bails and fines and cruel and unusual punishment

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14
Q

Amendment Nine

A

People have rights additional to those specified in the constitution

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15
Q

Amendment Ten

A

All powers not delegated to the Federal or State powers are reserved for the states

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16
Q

Establishment Clause

A

Freedom of Religion, prohibits congress from establishing a religion

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17
Q

Due Process Clause

A

Provisions of the 5th and 14th Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law

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18
Q

Free Exercise Clause

A

Freedom of Religion, Prohibits congress from a law “prohibiting the free exercise” of religion

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19
Q

Procedural Due Process

A

Requres that any Gov. decision to take life, liberty, or property, must be made fairly, opportunity to object to a proposed action

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20
Q

Substantive Due Process

A

Focuses on the content of legislation, can’t limit a fundamental right

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21
Q

Fundamental Rights

A

Interstate travel, privacy, voting, all 1st amendment rights

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22
Q

Equal Protection Clause

A

Provision in the 14th Amendment that guarantees that a state may not “deny to any person within its jurisdiction the equal protection of the laws”

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23
Q

Article I, Section 1

A

Creates senate and house, grants legislative power (creation and changing of laws)

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24
Q

Article I, Section 2

A

House of Representatives is created, 2 yr term, elected by state, must be +25 yrs, +7 yr citizen, and resident of state, at least one rep. per state, 435 max members, leader is speaker of the house, holds power of impeachment

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25
Q

Article I, Section 3

A

Senate is created, term is 6 yrs with starggered terms, +30 yrs, +9 yr citizen, resident of state of election, VP is leader of the senate, senate is “Jury” for impeachment

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26
Q

Article I, Section 4

A

States hold authority over elections, congress must meet once per year at least

27
Q

Article I, Section 5

A

House and senate can create their own rules, quorom (how many members must be present, 2/3), debate time limit, committee structure, procedures for voting, disciplinary actions, each house keeps a journal of proceedings

28
Q

Article I, Section 6

A

Congress is paid for US treasury, members are protected from arrest, can’t be president an in congress, can’t be questioned on speech during session

29
Q

Article I, Section 7

A

All bills for raising revenue start in the house, Senate and House must pass bill then it goes to President

30
Q

President’s Options with a bill

A

Veto (Can be overridden by 2/3 vote in house and senate), pass, or automatically accept if they don’t respond in 10 days

31
Q

Article I, Section 8

A

Congress can lay and collect taxes, borrow money, regulate commerce, necessary and proper clause, declare war, and more

32
Q

Article I, Section 9

A

Protection of citizens, Habeas cropus, bills of attainder, Ex post facto laws

33
Q

Habeas Corpus

A

Protection against illegal imprisonment, decent amount of evidence needed

34
Q

Bills of Attainder

A

Can’t punish people without due process law

35
Q

Ex Post Facto Laws

A

Can’t impose criminal liability or increase punishment after verdict even if new law/ruling is made

36
Q

Article I, Section 10

A

Prohibitions directed to the states, can’t keep troops in time of peace, can’t engage in war, can’t grant titles of nobility, can’t coin money, no bills of attainder, can’t tax people for entering your state

37
Q

Article III, Section 1

A

Creates the Supreme Court, all inferior courts are created by Congress, Federal judges serve for life

38
Q

Article III, Section 2

A

Jurisdiction is the authority of a court to decide a dispute, federal courts hear cases of constitutional questions, Supreme Court has original jurisdiction over cases involving ambassadors, other public ministers and consuls and those in which state shall be a party, right to jury in criminal trial

39
Q

Original Jurisdiction

A

Power to hear a case first

40
Q

Appellate Jurisdiction

A

Power to review a case for errors

41
Q

Article III, Section 3

A

In treason cases two witnesses or confession for the person is required for conviction, congress declares treason punishment, no corruption of blood

42
Q

Corruption of Blood

A

Family is affected by punishment of guilty family member, can only punish actual person

43
Q

Article IV, Section 1

A

Full Faith and Credit Laws, states must respect the laws of other states, transferable between states if the person travels

44
Q

Article IV, Section 2

A

Privileges and Immunities Clause, prohibits some discrimination against nonresidents (public school for all) and criminals are delivered back to convicting state

45
Q

Article V

A

Constitutional Amendments are proposed and ratified

46
Q

Article VI

A

Supremacy Clause, Constitution is supreme law of the land

47
Q

Article VII

A

Discusses ratification, 9 states required

48
Q

Content Regulation

A

Forbids communication of a specific idea, rarely passed

49
Q

Conduct Regulation

A

Regulates conduct incidental to speech (usually upheld)

50
Q

Content-neutral time, place, and manner regulation

A

Allows some unallowed behavior as long as you have a permit

51
Q

Religious Belief

A

Moral code, sincere belief, doesn’t require recognition of a supreme being, can’t be a religion of one person

52
Q

Unprotected speech

A

Defamation, false or deceptive ads, fighting words, obscenity

53
Q

Search

A

Intrudes into an area where you have a reasonable expectation of privacy and/or physical intrusion by gov. into an area protected by the Constitution

54
Q

Seizure

A

Control over a person or thing

55
Q

Search Warrant

A

neutral detached magistrate (judge), probable cause, facts submitted under oath, specific in what you are looking for

56
Q

Exceptions to Warrant Requirement

A

Plain view, consent, administrative inspections

57
Q

Plain View

A

Evidence legitimately on premises, immediately appears as evidence (Even if you aren’t looking for it but it’s easy to see you can take it)

58
Q

Consent

A

Voluntary and intelligent consent, if they said yes you’re good to search

59
Q

Administrative Inspections

A

Some business searches you don’t need a warrant if they are standard inspections that are always done for necessary functioning and safety of the location

60
Q

Miranda Rights

A

Must be told rights

61
Q

Proportionality Requirement of 8th Amendment

A

punishment needs to be proportional to the crime

62
Q

Amendment 13

A

Forbids slavery and involuntary servitude

63
Q

Amendment 14

A

Citizenship (Born or naturalized), equal protection clause, due process for states

64
Q

Amendment 15

A

Grants qualified citizens the right to vote

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