Ba 230 Quiz 4

Front 1

in the case of heart of atlanta motel vs US what happened?

Back 1

the hotel would refuse to rent rooms to blacks, and the congress stepped in and said it broke the commerce clause because racial discrimination caused less interstate travel by blacks

Front 2

What are the police powers of government?

Back 2

the gov't has the authority to make laws regulating and promoting health safety and morality

Front 3

Whats an example of interstate commerce being regulated using the balancing test?

Back 3

Californians with the fruit laws. its unconstitutional due to interstate commerce laws, but it beat the balance test because it protects of its major value and limited effect on interstate commerce

Front 4

2 main powers of judicial branch?

Back 4

to see and decide cases, and say what the law is

Front 5

this is what its called when the judicial branch simply hears and decides cases?

Back 5

adjudicate cases

Front 6

This is where the courts have the autority to look at the states or branches and compare them to the consitution? example

Back 6

judicial review- Marbury v. Madison

Front 7

What does the bill of rights do? were they in the original constitution

Back 7

protect the individuals rights, and no

Front 8

whats the 1st amendment and why is it protected the most

Back 8

the freedom of speech, becuase it protects our democracy

Front 9

Examples of symbolic speech?

Back 9

signs and protests

Front 10

How can the government regulate our freedom of sppech?

Back 10

they can regulate the time, place, and location

Front 11

what is the regulation of commercial free speech?

Back 11

its regulating people out making $, its subject to regulation and easily regulated.

Front 12

3 standard for the government to regulate the commercial free speech

Back 12

1. the law must promote important government interests, 2. does the law directly advance that interest, 3. it must be the least restrictive way.

Front 13

2 pieces of speech that is unprotected?

Back 13

defimation- cant injure someones good name and theres no protection from obsenity

Front 14

What is the 4th amendment

Back 14

the search and seizure

Front 15

The cause standard makes it so inorder for a search to take place, there has to be a judicial warrant

Back 15

probable cause standard and warrant requirement

Front 16

what are two key components to a warrant?

Back 16

it must be specific on where and what

Front 17

this is clear evidence that lead a reasonable person to believe they'll find criminal things

Back 17

probable cause

Front 18

Whats the exclusionary rule

Back 18

we will not allow our government to illegally search and use things found in a search to be used in trial.

Front 19

If they're searching for a motorcycle but find a kilo sitting on your table in plain sight they can charge you with it. this is an example of

Back 19

exceptions to warrant requirement

Front 20

whats the 5th amendment?

Back 20

due proces and takings, no prevention of life liberty or property

Front 21

this means that governement action must be fundamentally fair

Back 21

due process

Front 22

What is the procedures due process rights?

Back 22

everyone get the chance to complain about the due process to a decider

Front 23

define substantive due process? how?

Back 23

it looks at the substance of the law in question. 2 tests- non fudamental rights, fundamental rights

Front 24

2 fundamental rights?

Back 24

amendments and voting

Front 25

how do you test if the law is a fundamental rights law?

Back 25

the compelling state interest test- if the law is directly related to an overriding state interest, typically helath or high risk issue

Front 26

Whats the test to see if it is a nonfundamental rights?

Back 26

nonfundamental-social or economical, the rational relationship test- is there ligetament gov't interest that the law upholds in the case

Front 27

Whats the 14th amendment?

Back 27

the equal protections clause

Front 28

No state shall deny the equal protections of the law to any person, also everyone is allowed due process rights to people

Back 28

14th amendment

Front 29

the kinds of rights regulated determines the test for limitations in the 14th amendment, what are the 3 tests

Back 29

if you restrict social or economic rights- ratioanl relations tests, if the law is over gender- intermediate scrutiny test, and if the law restricts a fundamental right- strict scrutiny test.

Front 30

2 administrative laws?

Back 30

delegation doctrine- congress can promote agencies to fufill laws, and legislation enabling- these agencies have the power to make laws

Front 31

the judge in trials for an administrative agency is

Back 31

part of that administrative agency, but still fair

Front 32

what are the powers of the agency?

Back 32

basically, they write, enforce, and try all their own laws