Chapter 6 Vocab

Front 1

Aportionment

Back 1

the concept used by states to divide a companys taxable income so that no one state burdens a company with an unfair tax bill.

Front 2

Commerce clause-

Back 2

- a provision in article1, section 8, of the u.s. constitution that grants the federal government the power to regulate business transactions.

Front 3

Commercial speech

Back 3

speech that has a business-oriented purpose. This speech is protected under the first amendment, but this protection is not as great as that afforded to noncommercial speech.

Front 4

Contract clause

Back 4

the constitutional provision that prohibits states from enacting laws that interfere with existing contracts. The supreme court has refused to interpret this clause in an absolute manner.

Front 5

Defamation

Back 5

the publication of anything injurious to the good name or reputation of another.

Front 6

Dormant commere clause concept

Back 6

the impact of the commerce clause as a means of limiting state and local governments powers to regulate business activities.

Front 7

Due process clause

Back 7

a provision found in the fifth and fourteenth amendments of the constitution. Tis clause assures all citizens of fundamental fairness in their relationship with the government.

Front 8

Eminent domain

Back 8

the governments constitutional power to take private property for public use upon the payment of just compensation

Front 9

Equal protection clause

Back 9

a provision in the 14th amendment of the constitution that requires all citizens to be treated in a similar manner bu the government unless there is a sufficient justivication for the unequal treatment.

Front 10

Establishment clause

Back 10

a provision in the first amendment of the constitution that prohibits the fed. Government from establishing any government-supported religion or church.

Front 11

Federalism

Back 11

a term used to describe the vertical aspect of separation fo powers. The coexistence of a federal government and the various tae governments, with each having responsibilities and authorities that are distinct but overlap.

Front 12

Free exercise clause-

Back 12

a provision in the first amendment of the constitution that allows all citizens the freedom to follow or believe any religious teaching.

Front 13

Irreconcilable conflicts

Back 13

- exist when it is not possible for a business to comply with both statues

Front 14

Libel

Back 14

- a defamatory writeen statement communicated to a third party.

Front 15

Malice

Back 15

- the state of mind that accompanies the intentional doing of a wrongful act without justification or excuse.

Front 16

Minimum rationality

Back 16

– a legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the constitution. To satifsfy this test, the government needs to demonstrate that there is a good reason for the governments action.

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Nexus

Back 17

- a logical connection

Front 18

Overbreadth doctrine

Back 18

- a principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action.

Front 19

Police powers

Back 19

- any source of air pollution that must be licensed under the Clean Air Act.

Front 20

Preemption

Back 20

- a condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law.

Front 21

Prior restraints

Back 21

- a principle applicable under the freedom of press and speech clauses of the 1st amendment. The courts have announced decisions that encourage governments to allow the publication or expression of thoughts rather than to restrain such thoughts in advance of their publication or expression.

Front 22

Procedural due process

Back 22

- the proess or procedure ensuring fundamental fairness that all citizens are entitled to under the constitution

Front 23

Quasi-strict scrutiny

Back 23

- a legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the constitution. To satisfy this test, the government needs to demonstrate that the purpose of the action is substantially related to an important governmental objective.

Front 24

Separation of powers

Back 24

- the doctrine that holds that the legislative, executive, and judicial branches of government function independently of one another and that each branch serves as a check on the others.

Front 25

Strict scrutiny

Back 25

- a legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the constitution. To satisfy this test, the government needs to demonstrate that there is a compelling state interest justifying the governments action.

Front 26

Supremacy clause

Back 26

Supremacy clause- article VI of the constitution, which states that the constitution, laws, and treaties of the U.S. shall be the “supreme law of the land” and shall take precedence over conflicting state laws.

Front 27

Symbolic speech

Back 27

- nonverbal expression.

Front 28

Undue burden

Back 28

- under the civil rights act of 1964 and the Americans with disabilities act an emplouer need not take action that is excessively costly or creates excessive inefficiency in order to accommodate an employees religious beliefs or disability.