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25 Cards in this Set

  • Front
  • Back
governing power is divided between the federal gov and the states
Supremacy Clause
federal law takes precedence over conflicting state laws
Federal Preemption
First right of the federal government to regulate matters within its powers to the possible exclusion of state regulation
Judicial review
power of the courts to determine the constitutionality of any legislative or executive act
Separation of powers
allocation of powers among the legislative, executive, and judicial branches of government
State action
Actions by governments as opposed to actions taken by private individuals
Commerce power
exclusive power granted by the US Constitution to the federal government to regulate commerce with foreign countries and among the states
State regulation of commerce
the Commerce Clause of the US constitution restricts the states' power to regulate activities if the result obstructs interstate commerce
Eminent Domain
The power of a government to take private property for public use upon payment of fair compensation
Rational Relationship test
requirement that regulation bears a rational relationship to a legitimate governmental interest
Strict Scrutiny Test
Requirement that regulation be necessary to promote a compelling governmental interest
Intermediate test
requirement that regulation have a substantial relationship to an important governmental objective
Contract Clause
Prohibition against the state's retroactively modifying public and private contracts
Free Speech
First Amendment protects most speech by using a strict scrutiny standard
Corporate political Speech
First Amendment protects a corporation's right to speak out on political issues
Commercial Speech
Expression related to the economiv interests of the speaker and his audience
Due Process
5th and 14th amendments prohibit the federal and state gov from depriving any person of life, liberty, or property without due process of law
Substantive due process
requirement that governmental action by compatible with individual liberties
Procedural due process
Requirement that governmental action depriving a person of life, liberty, or property be done through a fair procedure
ability of individuals to engage in freedom of action and choice regarding their personal lives
includes real property, personal property, and certain benefits conferred by government
Equal Protection
Requirement that similarly situated persons be treated similarly by government action
Rational relationship test
a standard of review used to determine whether economic regulation satisifies the equal protection guarantee
Strict scrutiny test
exacting standard of review applicable to regulation affecting a fundamental right or involving a suspect classification
Intermediate test
standard of review applicable to regulation based on gender and legitimacy