Chp 2: Constitutional Law

Front 1

Confederal form of Government

Back 1

States had the authority to govern themselves and national government could only exercise limited powers.

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Federal Form of Government

Back 2

National Government and the states share sovereign power; A system of government in which the states form a union and the sovereign power is divided between the central government and the member states.

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Checks and Balances

Back 3

As provided by the U.S. constitution, it is the principle under which the powers of the national government are divided among three separate branches- the executive, legislative, and judicial branches- each of which exercises a check on the actions of the others.

Examples:

1. Legislative branch can enact a law, but the executive branch can veto it.

2. Executive branch is responsible for foreign affairs, but treaties with foreign governments require the advice and consent of the senate.

3. Congress determines the jurisdiction of the federal courts, and the president appoints federal judges(with the advice and consent of senate), but the judicial branch has the power to hold the actions of the other two branches unconstitutional.

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Commerce Clause

Back 4

The provision in Article I, Section 8, of the US constitution that gives Congress the power to regulate interstate commerce.

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Police Powers

Back 5

Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote public health, order, safety, morals, and general welfare.

Front 6

Dormant Commerce Clause

Back 6

Negative aspect of the commerce clause whereby the states do not have the authority to regulate interstate commerce.

This clause comes into play when state regulations affect interstate commerce

Courts normally weigh the interests of the state in regulating a certain matter against the burden it places on interstate commerce.

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Supremacy Clause

Back 7

The requirement in Article VI of the U.S. constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land."

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Concurrent

Back 8

When powers are shared by both the federal government and the states.

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Preemption

Back 9

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

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Bill of Rights

Back 10

The first ten amendments to the U.S Constitution.

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Symbolic Speech

Back 11

Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts.

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Content Neutral

Back 12

Also called time, place, and manner restrictions doesn't seek to regulate any particular type of speech, but rather the circumstances under which the speech may take place.

Front 13

Compelling Government Interest

Back 13

A test of constitutionality that requires the government to have convincing reasons for passing any laws that restricts fundamental rights, such as freedom of speech, or distinguishes between people based on a suspect trait.

Front 14

Filtering Software

Back 14

A computer program that is designed to block access to certain Web sites, based on their content.

The software blocks the retrieval of a site whose URL or key words are on a list within the program

Front 15

Meta Tag

Back 15

A keyword in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on the tags in Web documents.

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Establishment Clause

Back 16

The provision in the first amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over the another.

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Free Exercise Clause

Back 17

The provision in the first amendment that prohibits the government from interfering with people's religious practices or forms of worship.

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Due Process Clause

Back 18

The provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. State constitutions often include similar clauses.

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Two aspects of Due process clause

Back 19

1. Procedural due process

2. Substantive due process

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Procedural Due process

Back 20

To be fair, the government must give a person proper notice and an opportunity to be heard and that it must use fair procedures in determining whether a person will be punished or have some burden imposed on him.

Front 21

Substantive Due Process

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Protects an individuals life, liberty, or property against certain government actions regardless of the fairness of the procedures used to implement them.

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Equal Protection Clause

Back 22

The provision in the Fourteenth amendment that requires state governments to treat similarly situated individuals in a similar manner.

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3 Standards to determine whether a law violates the equal protection clause

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1. Strict scrutiny

2. Intermediate scrutiny

3. Rational basis test

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Strict Scrutiny

Back 24

A law or action that prohibits some persons ,such as based on a suspect trait, from exercising a fundamental right it is subject to this type of scrutiny.

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Intermediate Scrutiny

Back 25

Is applied in cases involving gender and illegitimacy.

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Rational Basis Test

Back 26

In matters of social and economic welfare, a classification will be considered valid if there is any conceivable or rational basis on which the matter might relate to a legitimate government interest.