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| The division between different levels of government at the state, local, and federal levels. |
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| The separation of powers between levels of government. |
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| Article 6 of the Constitution makes it clear that the Constitution is the supreme under all laws and that federal law is supreme over a state or local ordinance. |
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| A concept covered in the supremacy clause that is unconstitutional for state or local governments to regulate an area of law already governed by the federal government. |
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| Article 1, Section 10 of the Constitution states that "No state shall pass any law impairing the obligation of a contract." It only applies to states and local government, not federal government. |
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| Article 1, Section 8 of the Constitution states that "Congress shall have the power to regulate commerce with foreign nations, and among several states, and Indian tribes. |
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| The authority a state or local government has to protect the public's health, safety, morals, and general welfare. |
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| Dormant Commerce Clause Concept |
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| Limitation imposed by the Constitution that prevents state regulations from being arbitrary, capricious, or unreasonable. Also, the state regulations must not violate the commerce clause. |
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| Exists when it is not possible for a business to comply with both statutes. If compliance is not possible, the supremacy and commerce clauses are utilized; however, if compliance with both is possible, dual compliance is possible. |
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| State laws imposing an undue burden on interstate commerce and invalidated. If a state law is pure economic protectionism, the courts may apply a virtual per se or automatic rule of invalidity. |
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| Prohibiting Discrimination |
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| Prevents states from favoring intrastate (local) commerce from interstate (national) commerce. |
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| Formulas allocate the tax burden of an interstate business among the states entitled to tax it. |
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| To justify a portion of tax, there must be sufficient contact, connection, tie, or link between the business and the taxing state. There must be sufficient local activities to justify the tax in a constitutional sense. |
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| The 1st amendment states that Congress shall make no law "respecting an establishment of religion." |
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| The 1st Amendment states that Congress shall make no law "prohibiting the free exercise thereof." |
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| A principle applicable under the freedom of press and speech clauses of the First Amendment of the U.S. Constitution. The courts have announced decisions that encourage governments to allow the publication or expression of thoughts rather than restrain. |
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| The publication of anything injurious to the good name or reputation of another. |
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| Printed defamation of character. |
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| A principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action. |
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| Historically, commercial speech was not protected by the First Amendment. Freedom of speech protects individuals as well as corporations. |
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| The government's constitutional power to take private property for public use upon payment of just compensation. |
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| Provision of the 14th Amendment that describes the fundamental principles of liberty and justice. It means that government may not act in a manor that is arbitrary, capricious, or unreasonable. |
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| Provision of the 14th Amendment that says that the law should not treat people differently without a satisfactory reason. |
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| A legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the U.S. Constitution. To satisfy this test, the government needs to demonstrate that there is a good reason for the government's action --> heigh, weight, testing, school desegregation, veteran's preference, marriage. |
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| A legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the U.S. Constitution. To satisfy this test, the government needs to demonstrate that there is a compelling state interest justifying the government's action --> gender. |
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| A legal test used by courts to test the validity of governmental action, such as legislation, under the equal protection clause of the U.S. Constitution. To satisfy this test, the government needs to demonstrate that the purpose of the action is substantially related to an important governmental objective--> race, national origin, legitimacy, to vote, to travel, to appeal. |
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