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Definition
| when congress chosses to act exclusively in an area where federal and state governements share power, state law will fall to federal law. |
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Term
| commerce clause (Article 1, Section 8) |
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Definition
| Permits congress to regulate commerce with foreign nations and among the states. (interstate commerce) thisis the reason why the federal govt can regulate business |
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| regulatory power of states (under commerce clause) |
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Definition
| states have police powers. states can regulate private activities to protect or promote public order, health and safety. if a state law interferes with interstate commerce, courts will weigh the states police power rights versus the effect of the law on commerce. |
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| taxing and spending powers |
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Definition
| congress has the power to levy and collect taxes and duties. |
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| all taxes and duties shall be uniform throughout the united states. |
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Definition
| The federal govt has the power to pay debts and provide for the common defense and general welfare of the united states |
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Term
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Definition
| protects from the governments not other provate individuals or entities. protects people and corporations/businesses from actions. |
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| Establishment Clause (1st amend) |
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Definition
| congress shall make no law respecting an establishment of religion |
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Term
| Free Exersise Clause (1st amend) |
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Definition
| or prohibiting the free exercise thereof |
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Term
| Protest and Dissent (1st amendment) |
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Definition
| congress shall make no law abridgeing the right of the people peaceably to assemble and to petition the govt or a redress of grievances. |
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Definition
| statesments of false facts that injure another |
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Definition
| threatening, conspiracy, endangering others |
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| words likely to incite others to riot or respond violently |
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Term
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Definition
| depends upon community standards |
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Definition
| A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed. |
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Definition
| Prohibits quarting of soldiers |
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Term
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Definition
| the right of the people to be secure in their persons, houses, papers and effects, against unreasonable search and seizure, shall not be violated. no warrents shall issued but upon probable cause, supported by oath affirmation. Warrants shall particularly describe the place to be searched and the persons or things to be seized. |
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Term
| Exceptions to the 4th amendment |
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Definition
| a) consent. b) Plain view. c)hot pursuit. d) protective sweep. e) inventory. f) public safety. g) terry stop. h) border search |
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Term
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Definition
| a)indictment by grand jury being tried for a felony. b) prohibition against double jeopardy: cannot be convicted and or punished twice for the same crime. c)prohibition against self incriminiation d) no person shall be deprived of life liberty or property without due process of law. e) nor shall private property be taken for public use, without just compensation. |
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Term
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Definition
| right to speedy trial and public trial- right to impartial jury - right to be tried where crime committed - right to be informed of charges against you - right to confront witnesses against you - right to subpoena witnesses for you - right to assistance of council |
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Term
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Definition
| right to a jury trial in civl cases over $20.00 - no fact tried by a jury shall be reexamined in any court of the US |
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Term
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Definition
| No excessive bail or fines shall be imposed. - no cruel and unusual punishment shall be inflicked. |
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Term
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Definition
| the enumeration in the constitution or certain rights shall not be construed to deny or disparage others retained by the people. (natural rights amendment) |
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| The powers not delegated to the US in the consitution nor prohibited by it to the states are reserved to the states respectively or to the people. (states rights amendment) |
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Term
| Incorporation of the Bill of Rights to the states |
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Definition
| bill of rights protections were only from the federal gov't actions |
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Term
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Definition
| extended protects of the bill of rights to state govt actions |
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Term
| Privileges and Immunities clause |
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Definition
| states may not treat citizzens of other states differently without substantial reasons that are substantially related to the purpose of the rule. |
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Term
| Full Faith and Credit Clause |
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Definition
| all states are to give full faith and credit to the public acts, records, and judicial proceeding of other states. |
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Term
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Definition
| no person shall be deprived of life, liber, or property due process of law |
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Term
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Definition
| Govt decisions to do this must be done fairly. procedural safeguards must be in place. - prior notice.- opportunity to be heard.- by a fair and impartial decision maker. |
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Term
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Definition
| focuses on content/substance of legislation. a) fundamental right effected: govt must show a "compelling state interest" b) all other cases: govt only need show that the law is "rationally related" to any "legitimate govt purpose" most buiness regulations fall under. |
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Term
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Definition
| Prohibits state and federal government from denying "any person within its jurisdictions the equal protection of the law" must treat similarly situated people similarly. no descrimination. |
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| Equal Protection Substantive Due Process |
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Definition
| Violated if a law prohibits all citizens from doing an act. |
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Term
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Definition
| Violated if law only prohibits a class of citizens from doing an act. |
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