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25 Cards in this Set
- Front
- Back
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3 branches of government
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Executive (makes laws), legislative, judicial (enforces)
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Constitutional Interpretation: bedrock view
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can not be changed what so ever
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Constitutional Interpretation: Living document view
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times change and interpretation will too
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amending the constitution
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amendments can be placed on the constitution
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Precedent: Dicta
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personal opinion of the justice on the ruling of the court
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Commerce clause
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under congress power, they have the power to regulate commerce with foreign nations, states, and indian lands
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Article 1,8
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to regulate commerce with foreign nations, and among the several states, and with the indian tribes
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civil rights act 1964
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no equal treatment in public accomodation
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Interstate commerce
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commerce within ones own state
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Heart of atlanta case
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would not rent rooms to non-white guests. got injunction to appeal law, saying it didnt interfere with interstate commerce. It hindered african americans from traveling and migrating
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Ollies BBQ case
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meat from area, customers from area. blacks not served inside. did not interfere with commerce
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Intrastate commerce
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commerce between multiple states. States cant make apposing intrastate laws after congress has set a law in place
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Granholm v heald
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out of state small winerys couldnt sell to other customers in other states. giving unfair advantage to winery in state. one court saying it is constitutional other saying it is not.
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Bill of rights
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first 10 amendments
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Due process
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5th and 14th amendments. procedural and substanitive
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equal protection
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14th amedments
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strict scrutiny test for rational basis
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opposing intrastate laws.
does law affect substanitive right? does the law impact a "suspect class"? is there compelling state interest in having this law? is the law narrowly taylored? |
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pendulum swings
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the market regulates the company
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Regulation
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public harm
false advertising health and safety |
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free enterprise
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predictions made by supply and demand away from government regulation
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Sherman act
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prevents companies from working together to regulate price. prevents monopolies
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Administrative agencies
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part of the executive branch
administers and implements congressional legislation work and records open to public |
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Legislativve
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promulgate rules
public input |
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executive
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investigation charges enforcement
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judicial
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Administrative Law Judge (ALJ)
Hearings Interpretation Penalties |
