EssentialsOFBusLaw_chapter5 Flashcards
(22 cards)
Express Powers
those that are specifically stated in the constitution
Implied Powers
those that have arisen as a result of interpretation of the express powers by the courts
Bill of Rights
the first 10 amendments to the US Constitution
Judicial Review
the process of deciding if a law is contrary to the Constitution
Doctrine of Preemption
A principal that states that when certain state or local laws are inconstant with the federal law, the federal law must be followed
Commerce Clause
Gives congress the power to regulate commerce with foreign nations and among states
Full Faith and Credit Clause
A provision of the constitution that mandates each state respect and enforce both the judgments awarded by the courts in other states and the statutes and case law of other states
Supremacy Clause
Makes the constitution, and federal statutes and treaties, the supreme law of the land.
Probable Cause
A reasonable belief that a prudent police officer must have that a suspect has committed, is committing, or is about to commit a crime, thereby giving the officer the authority to conduct a search
Procedural Due Process
Ensures that before the gov’t takes liberty or property, the affected person has a fair chance to oppose the action.
Substantive Due Process
Holds that certain rights are so fundamental that the gov’t may not eliminate them.
Rational Basis
A test that measures whether the legislature has a reasonable, and not an arbitrary, basis for enacting a particular statute
Intermediate Scrutiny
A test that measures whether a particular statute is substantially related to an important government objective
Strict Scrutiny
A test that measures whether the legislature had a compelling interest for enacting a particular statute
Taking Clause
Ensures that when any governmental unit takes private property for public use, it must compensate the owner.
Commercial Speech
Communication, such as advertisements, that has the dominant theme of proposing a business transaction.
Eminent Domain
The power of the government to take private property for the public.
Equal Protection Clause
Generally requires the government to treat people equally.
Fundamental rights
Rights that are so basic that any governmental interference with them is suspect and likely unconstitutional.
Judicial activism
A courts willingness to be involved in major issues.
Judicial restraint
A courts attitude that it should leave lawmaking to legislators.
Political Speech
Protected unless it is intended and likely to create imminent lawless actions.
