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Constitutional Law

BUL 3103 Placid Chapter 5

Federal Form of Government National Government and the states share sovereign power.
Powers delegated by the Constitution Constitution sets forth powers to be exercised by the nat'l gov't and provides that the nat'l gov't has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers given to states under X amendment.
Police Powers State regulatory powers. The broad right of state governments to regulate private activities to protect or promote the public order, health, safety, morals, and general welfare. Ex) Fire/building codes, zoning restrictions, licensing requirements, etc.
Privileges and Immunities Clause Prevents a state from imposing unreasonable burdens on citizens from another state. (Primarily with regard to means of livelihood and doing business) Ex)Property, seeking employment, or accessing the court system.
Full Faith and Credit Clause Applies only to civil matters. It ensures the rights under deeds, wills, contracts, and similar instruments in one state will be honored by other states. It protects their legal rights as they move about from state to state.
Executive Branch Enforces the laws
Legislative Branch Makes the laws
Judicial Branch Interprets the laws
Checks and Balances Allows each branch to limit the actions of the other two branches, thus preventing any one branch of exercising too much power.
Commerce Clause Prevents states from establishing laws an regulations that would interfere with trade and commercer among states. Greatest impact on business and provides the basis for nat'l gov't's extensive regulation of state and even local affairs.
Supremacy Clause Provides the the Constitution, laws, and treaties of the Untied States are "the supreme law of the land". In a conflict between state and and federal law, the state law is rendered invalid.
Preemption When Congress chooses to act exclusively in an area in which federal government and states have concurrent power. A valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.
Bill of Rights In 1791 Congress enacted ten amendments that embody a series of protections for the individual against various types of interference by the federal government.
Symbolic Speech Gestures, movements, articles of clothing, and other forms of expressive conduct.
Filtering Software Keeps children from accessing adult content online.
Establishment Clause First part of the constitutional provision, prohibits the government from establishing a state-sponsored religion, and from passing laws the promote religion or show preference to one. *Does not require a complete separation, rather to accommodate
Free Exercise Clause Guarantees that a person can hold any religious belief that they want, or can have no religious belief at all.
Search Warrant An order from the judge or other public official authorizing a search or seizure.
To establish Probable Cause The officers must have trustworthy evidence that would convince a reasonable person the proposed search or seizure is more likely justified than not.
Self-Incrimination In any federal or state proceeding, an accused person cannot be forced to give testimony that might him or her to any criminal prosecution. *Neither corporations nor partnerships receive V amendment protection.
Due Process Clause No person shall be deprived "of life, liberty, or property without due process of law". Two Aspects: 1)Procedural Due Process 2) Substantive Due Process.
Procedural Due Process Requires that any government decision to take life, liberty, or property must give a person proper notice and an opportunity to be heard.
Substantive Due Process Protects an individuals life, liberty or property against certain government actions regardless of the procedures used to implement them. Limits what the government may do in its legislative and executive capacities.
Equal Protection Clause The government cannot enact laws that treat similarly situated individuals differently.
Strict Scrutiny If a law or action prohibits or inhibits some persons from exercising a fundamental right. Also if the classification is based on a suspect trait, such as; race, national origin or citizenship status.
Intermediate Scrutiny Applied in cases involving discrimination based on gender or legitimacy.
The "Rational Basis" Test In matters of economic or social welfare, a classification will be considered valid if there is any conceivable rational basis.
Freedom of Information Act Allows any person to request copies of information on him or her contained in federal government files.
Created by: KAzetapi