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LAW 308-4
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Federalism
the division of governing power between the federal government nd the states
Federal Supremacy
Federal law takes precedence over conflicting state law
Federal Preemtion
right of federal government to regulate matters within its power to the exclusion of regulation by the states
Judicial Review
examination of governmental actions to determine whether they conform to the U.S. Constitution
Seperation of Power
allocation of powers among executive, legislative, and judicial branches of government
State Action
actions of governments to which constitutionl provisions apply
Federal Commerce Power
exclusive power of federal government to regulate commerce with other nations and among states
State Regulation of Commerce
the commerce clause of the constitution restricts the states power to regulate activities if the result obstructs interstate commerce.
Federal Fiscal Powers
Taxation and Spending
the constitution grants congress broad powers to tax and spend; such powers are important to federal governemtn regulation of the economy
Federal Fiscal Powers
Borrowing and Coining money
enables the federal government to establish a national banking system and to control national fiscal and monetary policy
Federal Fiscla Powers
Eminent Domain
The governments power to take private property for public use with the payment of just compensation.
Contract Clause
restricts states from retroactivly modifying contracts
Freedom of speech
first ammendment protects most speech by using a strict scrutiny standard.
Corporate Political Speech
First Ammendment protects a corporaions right to speak out on political issues
Commercial Speech
expresion related to the economic interests of the speaker and its audience. Such expression recieves a lesser degree of protection
Defamation
a tort consisting of a false communicaiton that injures a person's reputation such a commmunication recieves lmited constitutional protection
Due Process
Fifth and Fourteenth ammendments prohibit the federal and state government from depriving any person of life liberty or property
Equal Protection
requires that similarly situated persons be treated similarly by governemtn actions
Substaitive Due Process
determination of whether a particular governmental action is compatible with individual liberties
Procedural Due Process
requires the governmental decision-making process to be fair and impartial if it deprives of life, liberty, or property
Rational Relationship Test
standard of review used to determine whether economic regulation satisfies the equal protection guarantee
Strict Scrutiny Test
exacting standard of review appplicable to regulation affecting a fundamental right or involving a suspect classification
Intermediate Test
standard of review applicable to regulation based on gender and legitimacy
Author
schmidty427
ID
174572
Card Set
LAW 308-4
Description
Law exam review ch 4
Updated
2012-10-01T00:51:15Z
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