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11 Cards in this Set

  • Front
  • Back
Separation of Powers
-government divided into 3 branches (each equal and independent)
-Executive (Prez), Legislative (Congress), and Judicial (Supreme Court)
Federalism - Supremacy clause
Separated downward (fed => state => local)
Bill of Rights/Individual Rights
Liberties given to citizens restricting power of government acts (protecting the individual
Incorporation Clause (BOR)
Bill of Rights applied to the states through the 14th amendment
1st ammendment (BOR)
-speech
*symbolic speech covered
*can still regulate the time, place and manner of speech
*obscenity is not protected free speech
*commercial speech - can be regulated more (FCC)
*defamation is not protected free speech
*action/speech that created an imminent threat of danger is not protected
5th ammendment (BOR)
-due process
a) procedural due process (produces for academic dismissal or dismissal from a government job. (gov can't take property and rights)
b) taking clause (imminent domain): compensation for property
Powers granted to congress in the constitution (BOR)
-regulate interstate commerce
-substantial effect rule
Equal Protection Clause (BOR)
i. Minimal scrutiny
ii. Intermediate scrutiny
iii. Strict scrutiny
Minimal Scutiny
economic and social regulation
Intermediate Scrutiny
Gender
Strict Scrutiny
race, ethnicity, and fundamental rights