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34 Cards in this Set
- Front
- Back
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US Constitution |
The fundamental law of the United States of America. It was ratified by the states in 1788 |
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Federalism |
The US form of government in which the federal government and the 50 state governments share powers |
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Enumerated powers |
Certain powers delegated to the federal government by the states |
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Legislative branch |
The part of the US government that makes federal laws it is known as Congress the Senate and the House of Representatives |
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Executive branch |
The part of the US government that enforces the federal law that consists of the President and Vice President |
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Judicial branch |
The part of the US government that interprets the law. It consists of the Supreme Court and other federal courts |
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Checks and balances |
A system built into the US Constitution to prevent any one of the three branches of government from becoming too powerful |
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Supremacy Clause |
The close of the US Constitution that establishes that the US Constitution and federal treaties, laws, and regulations as the supreme law of the land |
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Preemption doctrine |
A doctor that provides that federal law takes precedence over state or local law |
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Commerce Clause |
A clause of the US Constitution that grants Congress the power to regulate commerce with foreign nations, and among the several states and with Indian tribes |
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Foreign commerce clause |
Commerce with foreign nations. The Commerce Clause grants the federal government the authority to regulate foreign commerce |
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Interstate commerce |
Commerce that moves between states or that affects commerce between states |
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Police power |
Power that permits states and local governments to enact laws to protect or promote the public health, safety, Morals, and general welfare. |
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Dormant Commerce Clause |
A situation in which the federal government has the Commerce Clause power to regulate an area of Commerce but has chosen not to regulate that area of Commerce |
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Unduly burden interstate commerce |
A concept that says States may enact laws which protector promote the public health, safety, Morrow, and general welfare as long as the laws do not unduly burden interstate commerce |
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Bill of Rights |
The first ten amendments to the Constitution they were added to the US Constitution in 1791 |
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Freedom of speech |
The right to engage in oral, written, and symbolic speech protected by the First Amendment |
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Fully protected speech |
Speech that cannot be for prohibited or regulated by the government |
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Limited protected speech |
Speech that the government may not prohibit but that is subject to time, place, and manner restrictions |
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Offensive speech |
Speech that is offensive to many members of society. It is subject to time, place, and manner restrictions |
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Commercial speech |
Speeches by businesses, such as advertising. It is subject to time, place, and manner restrictions. |
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Unprotected speech |
Speech that is not protected by the First Amendment and may be forbidden by the government. |
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Obscene speech |
Speech that 1 appeals to the prudent interest, 2 depict sexual conduct in a patently offensive way and, 3 lack serious literary, artistic, political, or scientific value |
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Establishment Clause |
A clause of the First Amendment that prohibits the government from either establishing a state religion or promoting one religion over another |
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Free Exercise Clause |
He closed the First Amendment that prohibits the government from interfering with the free exercise of religion in the United States |
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14th amendment |
An amendment added to the US Constitution in 1868 that contains the due process, equal protection, and privileges and immunities clauses |
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Equal Protection Clause |
A clause that provides that a state cannot deny to any person within its jurisdiction the equal protection of the laws |
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Strict scrutiny test |
A test that is applied to determine the constitutionality of classifications by the government that are based on a suspect or fundamental right such as race and voting rights |
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Intermediate scrutiny test |
You tested is applied to determine the constitutionality of classifications by the government that are based on a protected class other than suspect class or fundamental rights such as gender |
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Rational basis test |
A test that is applied to determine the constitutionality of classifications by the government that do not involve the suspect class, a fundamental right, or a protected class |
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Due Process Clause |
A clause that provides that no person shall be deprived of life, liberty, or property without due process of the law |
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Substantive due process |
A category of due process that requires government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope |
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Procedural due process |
A category of due process that requires that the government give a person proper notice and hearing of the legal action before the person is deprived of his or her life, liberty, or property |
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Privileges and immunities clauses |
Constitutional provisions that prohibit States from an acting laws that unduly discriminate in favor of the residents |
