LEGL 2700 Chapter 6

Question 1

what does the original framework establish?

Answer 1

separation of powers
procedure of ratification
the federal government

Question 2

what did the Bill of Rights accomplish?

Answer 2

safeguards of liberty
safeguards of justice
powers for the states

Question 3

what did article I establish?

Answer 3

legislative branch

Question 4

what did article II establish?

Answer 4

executive branch

Question 5

what did article III establish?

Answer 5

judicial branch

Question 6

what does separation of powers mean?

Answer 6

balance of power between federal and state governments (federalism)

Question 7

what is the supremacy clause?

Answer 7

establishes hierarchy of law where we have the US Constitution at the top and then federal law

Question 8

what is preemption?

Answer 8

application of the supremacy clause where law is invalid because it conflicts with a federal law

Question 9

what is field preemption?

Answer 9

a topic or area of law is so regulated that it is implied that congress preempted the states from this area (nuclear safety)

Question 10

what is express preemption?

Answer 10

act of congress itself says the states are preempted

Question 11

what is the commerce clause?

Answer 11

regulate commerce with foreign nations and among the several states and with the Indian tribes

Question 12

which case did we discuss where the court invalidated a state law because it unduly burdened interstate commerce?

Answer 12

City of Philadelphia v New Jersey

Question 13

what are the three categories of interstate commerce?

Answer 13

federal preemption
some federal regulation
no federal regulation

Question 14

what is the dormant commerce clause?

Answer 14

state law that does not unduly burden interstate commerce is permitted (no federal regulation)

Question 15

what freedoms does the first amendment give us?

Answer 15

freedom of speech, religion and press

Question 16

what is included in “speech”?

Answer 16

verbal, written and symbolic

Question 17

what type of speech is unprotected?

Answer 17

fighting words
obscenity
threatening speech
defamation

Question 18

what is fighting words?

Answer 18

inciting someone to violence

Question 19

what is threatening speech?

Answer 19

threatening someone that you’re making them fear for their life

Question 20

True or False? governments can place reasonable restrictions on legally protected speech?

Answer 20

true – viewpoints neutral and it is not overly broad

Question 21

For Brown v Entertainment Merchants Assoc., did the court determine that video games were speech?

Answer 21

yes because it has a plot and character development

Question 22

what did the court decide for Brown v entertainment merchants assoc.?

Answer 22

the law is an unconstitutional violation of the video games merchant constitutional rights

Question 23

what protection has the Supreme Court interpreted the press clause of the first amendment as providing to the press/media?

Answer 23

Freedom for prior restraints which means you cannot prevent the media from running in advance

Question 24

what is commercial speech?

Answer 24

freedom of speech protests corporations and individuals

Question 25

when can the government limit commercial speech?

Answer 25

only when a compelling state interest is at stake

Question 26

what is substantive due process?

Answer 26

the government must have justification for its actions

Question 27

what is procedural due process?

Answer 27

there must be proper notice and proper procedures

Question 28

what is the incorporation doctrine?

Answer 28

the due process clause has been used to incorporate the bill of rights and make provisions applicable to the states

Question 29

what is equal protection of the law?

Answer 29

the law should not treat people differently without a satisfactory reason

Question 30

what are the analysis of equal protection claims?

Answer 30

what is the classification? what level scrutiny applies? does the government action meet that level of scrutiny ?

Question 31

what is under minimum rationality/ rational basis?

Answer 31

height, weight, marriage, testing

Question 32

what is an example of minimum rationality/ rational basis?

Answer 32

mass bd of retirement v Murgia -- Court upheld law that required police officers to retire at 50

Question 33

what is under Quasi- strict scrutiny ?

Answer 33

gender

Question 34

what is an example of quasi-strict scrutiny?

Answer 34

US v Virginia -- Court struck down law excluding women from a state military college

Question 35

what is under strict scrutiny?

Answer 35

race, national origin, legitimacy

Question 36

what is an example of strict scrutiny?

Answer 36

Loving v Virginia -- court struck down law forcing interracial marriage

Question 37

what is interstate commerce?

Answer 37

commerce that passes across state lines

Question 38

what is intrastate commerce?

Answer 38

commerce that stays within a single state