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