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32 Cards in this Set

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in the case of heart of atlanta motel vs US what happened?
the hotel would refuse to rent rooms to blacks, and the congress stepped in and said it broke the commerce clause because racial discrimination caused less interstate travel by blacks
What are the police powers of government?
the gov't has the authority to make laws regulating and promoting health safety and morality
Whats an example of interstate commerce being regulated using the balancing test?
Californians with the fruit laws. its unconstitutional due to interstate commerce laws, but it beat the balance test because it protects of its major value and limited effect on interstate commerce
2 main powers of judicial branch?
to see and decide cases, and say what the law is
this is what its called when the judicial branch simply hears and decides cases?
adjudicate cases
This is where the courts have the autority to look at the states or branches and compare them to the consitution? example
judicial review- Marbury v. Madison
What does the bill of rights do? were they in the original constitution
protect the individuals rights, and no
whats the 1st amendment and why is it protected the most
the freedom of speech, becuase it protects our democracy
Examples of symbolic speech?
signs and protests
How can the government regulate our freedom of sppech?
they can regulate the time, place, and location
what is the regulation of commercial free speech?
its regulating people out making $, its subject to regulation and easily regulated.
3 standard for the government to regulate the commercial free speech
1. the law must promote important government interests, 2. does the law directly advance that interest, 3. it must be the least restrictive way.
2 pieces of speech that is unprotected?
defimation- cant injure someones good name and theres no protection from obsenity
What is the 4th amendment
the search and seizure
The cause standard makes it so inorder for a search to take place, there has to be a judicial warrant
probable cause standard and warrant requirement
what are two key components to a warrant?
it must be specific on where and what
this is clear evidence that lead a reasonable person to believe they'll find criminal things
probable cause
Whats the exclusionary rule
we will not allow our government to illegally search and use things found in a search to be used in trial.
If they're searching for a motorcycle but find a kilo sitting on your table in plain sight they can charge you with it. this is an example of
exceptions to warrant requirement
whats the 5th amendment?
due proces and takings, no prevention of life liberty or property
this means that governement action must be fundamentally fair
due process
What is the procedures due process rights?
everyone get the chance to complain about the due process to a decider
define substantive due process? how?
it looks at the substance of the law in question. 2 tests- non fudamental rights, fundamental rights
2 fundamental rights?
amendments and voting
how do you test if the law is a fundamental rights law?
the compelling state interest test- if the law is directly related to an overriding state interest, typically helath or high risk issue
Whats the test to see if it is a nonfundamental rights?
nonfundamental-social or economical, the rational relationship test- is there ligetament gov't interest that the law upholds in the case
Whats the 14th amendment?
the equal protections clause
No state shall deny the equal protections of the law to any person, also everyone is allowed due process rights to people
14th amendment
the kinds of rights regulated determines the test for limitations in the 14th amendment, what are the 3 tests
if you restrict social or economic rights- ratioanl relations tests, if the law is over gender- intermediate scrutiny test, and if the law restricts a fundamental right- strict scrutiny test.
2 administrative laws?
delegation doctrine- congress can promote agencies to fufill laws, and legislation enabling- these agencies have the power to make laws
the judge in trials for an administrative agency is
part of that administrative agency, but still fair
what are the powers of the agency?
basically, they write, enforce, and try all their own laws