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15 Cards in this Set
- Front
- Back
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Intrastate Commerce
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business exclusively within the state’s borders
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Interstate Commerce
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regulate commerce “with foreign nations” and “among the several states
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Expressly preempted
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congress expressly states an intent to regulate to the exclusion of the states
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Implied preemption
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demonstrates an intent to regulate an entire area without expressly saying so
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State action
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constitution protects the individual only against governmental activity
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Eminent domain
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government forces private property holders to sell their land so it may be dedicated to public use
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Due process Clause
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no deprivation is permitted by the government without “due process of law”
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Procedural due process
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fair procedures
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Substantive due process
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government must demonstrate that its actions are not arbitrary or unreasonable – when interfering with people’s fundamental rights
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Equal protection clause
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states may not arbitrarily discriminate against persons regarding the application of law
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Rational basis analysis
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reviewing legislation restricing economic interests or discriminating on the basis of nonsuspect classifications
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Strict scrutiny
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where a fundamental right is concerned, the courts initially presume that the government action is unconstitutional
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Intermediate scrutiny
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falls between strict scrutiny and substantial interest
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Commercial speech
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originally no First Amendment protection
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Noncommercial speech
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afforded highest degree of protection (pure or political)
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