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10 Cards in this Set
- Front
- Back
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Judicial Review |
Supreme Court interprets the Constitution to grant a federal courts the power of judicial review - power to declare a statute or action taken by other branches of levels of gov't to be unconstitutional and void |
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Article 1 Section 8 |
Lists matters over which Congress has authority to make law |
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The Commerce Power |
Commerce clause literally applies to interstate commerce but has evolved and almost gives Congress the power to make laws about anything |
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Testing Consitutionality |
- Courts apply a “means-ends” test to determinewhether a federal statute may be unconstitutional because it allegedly violatesand individual’s rights under the Constitution 3 Tests are employed by the court |
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Rational Basis Test (lowest level scrutiny) |
Tobe constitutional, the law must reasonably relate to a legitimate gov’t purposeǓw_g |
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Intermediate Scrutiny (mid-level scrutiny) |
o To be constitutional, the law must substantiallyrelate to an important gov’t purposeDEFךlY=PH/ |
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Strict Scrutiny |
o To be constitutional, the law must be necessaryto achieve a compelling gov’t purposeDEFךlY=PH/ A law that discriminates based on race, etc. |
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First Amendment |
Includes freedom of speech - full protection applies to political and non-commercial (literary, artistic, scientific, economic speech) |
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Commercial Speech |
- Any speech proposing a commercial transaction(i.e. advertisements for the sale of products or services, or to promote abusiness) Restrictions place if: promote public safety, advances the interest, is the least restrictive method of achieving the interest |
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Constitutional Limitations |
5th Amendment prohibits the Federal Gov't from depriving any person of "life, liberty, or property without due process of law" 14th Amendment does the same for the states |
