Into how many articles is the US Constitution divided?
What is the Bill of Rights?
The first 10 Amendments to the US Constitution
What are implied powers?
power to do anything "necessary or proper" to provide for the government
What are police powers?
- to tax and spend money to govern the people
- power to regulate activities within their borders that pertain to health, safety, morals, and general welfare of the people
States reserve and retain all powers ...
... not given to the federal government.
What does judicial review mean?
power of the courts to examine governmental actions for thei conformity with the US Constitution
What is the Separation of Powers/Checks and Balances?
- separation of powers between:
- - legislative
- - executive
- - judicial
- prevents any branch from becoming too powerful
- allows any branch to function without interference from another branch
When is state action prohibited by the Constitution?
When it violates constitutionally protected rights.
Can action taken by private individuals infringe on your constitutional rights?
Yes, if they engage in public functions that are traditionally reserved to the state.
What is included in the 1st Amendment to the US Constitution?
What is included in the 2nd Amendment to the US Constitution?
Right to Bear Arms
What is included in the 4th Amendment to the US Constitution?
Protection against Search and Seizure without "probable cause"
What is included in the 5th Amendment to the US Constitution?
- Grand Jury
- Double Jeopardy
- Due Process
What is included in the 6th Amendment to the US Constitution?
- - Jury Trial
- - Right to Confront and to Counsel
What is included in the 14th Amendment to the US Constitution?
- Privileges and Immunities
- Due Process
- Equal Protection
- Apportionment of Representatives
- Civil War Disqualification and Debt
What are exclusive powers?
Powers exclusive to either the state or federal government
What are concurrent powers?
Powers shared by both, state and federal government
What does federal supremacy mean?
If there is a direct conflict between state and federal laws, the federal law prevails
What does federal preemption mean?
federal government may "reserve" a certain area of regulation within its powers so that states and local governments can no longer regulate in this area
What does the Federal Commerce Clause include?
grants exclusive power to the federal government to regulate foreign commerce and interstate commerce
limits state and local governments to regulation of intrastate commerce
What are the federal fiscal powers?
- borrow and coin money
- eminent domain (seizure of property for public use if just compensation)
What are the 3 levels of scrutiny?
- rational relationship test
- intermediate scrutiny test
- strict scrutiny test
What kind of protection of speech does the 1st Amendment grant?
- full protection -- government cannot regulate
- limited protection -- government can regulate time, place, and manner (offensive speech, commercial speech)
- unprotected -- government can forbid (dangerous speech, fighting words, defamation, false advertising, obscene speech)
What is slander?
What is libel?
What is substantive due process?
laws must be clear and not overly broad in scope
What is procedural due process?
- procedures depriving an individual of his/her rights must be fair
- notice and hearing must take place
What is the rational relationship test?
- government action must bear some rational relationship to a legitimate governmental interest furthered by the action
- is there a reasonable basis justifying the action?
What is the intermediate scrutiny test?
- action is upheld if there is a substantial relationship to an important government objective
- applies to governmental action involving a classification based on age, gender, and/or legitimacy
What ist the strict scrutiny test?
- action is only upheld if it promotes a state interest
- applies to governmental action involving fundamental rights or suspect classifications (race, origin)