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Related Flashcards
Related Topics
Cards In This Set
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Federalism
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authority to govern is divided between federal
and state government
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Judicial Review
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The power of a court to review legislative and
executive actions, to determine if they are constitutional (Laws, official acts
of government or employees)
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Supremacy Clause (Article VI, Paragraph 2 of the
Constitution)
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States that the constitution and all laws and
treaties if the United States constitute as the supreme law of the land.-They
are void if state or local laws conflict with the constitution, federal laws,
or federal tries.
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Federal Preemption
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Federal legislation overrules state legislation,
when both pertain to the same matters
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Commerce Clause
(Clause 3 of Article 1 Section 8, of the U.S.
Constitution)
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authorizes congress to “regulate commerce with
foreign nations, and among several states, and with the Indian Tribes”
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Police Power
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Power retained by each state to pass laws that
protect the health, safety, and welfare of the citizens
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Dormant Commerce Clause
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Restriction on states authority that is implied
in the commerce clause of the U.S. Constitution
- Therefore, the dormant commerce clause limits the power individual states to legislate on such matters |
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Article
1, Section 8 of the Constitution gives the federal government the “Power to lay
and collect taxes, duties, imports, and excises”
and “pay the Debts and provide for the common defense and general welfare of the United States.” |
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Privileges and immunities clause
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requires
that a state grant citizens of other states the same legal benefits that it
grants its own citizens.
-Buying and selling property, seeking employment, and using the court system |
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Full Faith and Credit Clause (Article IV,
Section1)
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mandating that each state must recognize,
respect, and enforce public records, legislative acts, and judicial decisions
of the other states.
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Contract Clause (Article 1 Section 9)
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prohibits government from unreasonably
interfering with an existing contract
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Amendments of the Constitution
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First 10 amendments to the U.S. Constitution,
known as the Bill of Rights
-Amendments are a limit only on actions of the government, they do not limit the behavior of private employers |
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First Amendment
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Freedom of Speech, including gestures of
expression and press. Free exercise of religion.
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Political Speech
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Speech that is used to support Political
Candidates or referenda. Given high level of protection by the first amendment
as compared to other types of speech
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Commercial Speech
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Speech made by businesses about commercial
matters, such as the sale of goods and services.
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