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| Its the division of power between the three branches of the government:executive, legislative and judicial. This division will allow the power of the government to be equally divided and each branch will oversee each other. |
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| The power of the government is enumerated or limited. |
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| the list of the power found in the constitution which explains that power that congress has |
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| It the clause that says that congress can regulate commerce with foreign nations and within states. |
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| Congress can regulate commerce within states, states regulate commerce within its own state. |
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| any interstate activity that has big effect on the economy of the nation will be regulated by congress(wheat) |
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| When there is a federal and state statute or regulation that is conflicting between them, then the federal law wins. |
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| Federal courts have the power to declare that a statute or government action to be unconstitutional and void. |
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| the desire of the court to regulate issues that involve the constitution |
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| When the court sees that they do not have the power to create a law but to let the legislators do this |
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| A person might choose to say anything they desire about a political figure, and their speech will be protected by the constitution but their speech can not lead to actions |
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| It means that citizens has the right to express their opinions but the government has the right to regulate, what time, where and how they say it. Eg, abortion clinics. |
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Term
Obscenity
How to tell if something its obscene and should be regulated by congress |
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Definition
The Miller Test:
If a work appeals to the prurient interest.
If a work its obviously sexually offensive,
and if its not artistic, scientific, political, or literacy |
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| Anyone's speech should not be limited or censored by any law. |
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| Means to express your ideas by acting on something. |
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| Has to do with commercial transactions. Commercial speech that is misleading or false might be outlawed altogether. |
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| It says that if the government takes away or use your property, they first have to give you a just compensation. |
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| Means that the government has the right to take your property for public use. |
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| It means that before the government takes your property, you have the right to oppose to it |
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| The government will have to decide if its an economic or social issue or if its a fundamental right issue |
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| Means that the government must treat everyone equally. |
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| Level of scrutiny of the Equal protection clause |
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Definition
Social and economic: Minimal
Gender: Intermediate
Race, ethnicity and fundamental rights: Strict |
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| powers of executive branch |
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Definition
| appointment, proposal of legislation to congress, foreign policy. |
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| test determine protection of equal rights |
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Definition
| minimal: social and economic defendant is usually liable intermediate: gender. defendant is sometimes liable sometimes not..depending strict:race, ethnicity and basic rights. almost always not liable |
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| guns is not part of the substantial effect rule |
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| there was a substantial effect rule |
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| wine...yes substantial effect rule since it was part of interstate |
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