BGEN 361 Ch. 2
filtering software
A computer program that screens incoming data according to rules built into the software and blocks access to websites with content not consistent with these rules.
search warrant
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.
What does the Free Exercise Clause require?
Any government employment restrictions related to religion must satisfy two requirements.
symbolic speech
Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment's guarantee of freedom of speech.
Second Amendment
States that the right of the people to keep and bear arms shall not be infringed.
bill of rights
The first ten amendments to the U.S. Constitution.
meta tags
Word inserted into a website's key-words field to increase the site's appearance in search engine results.
What does the First Amendment protect regarding religion? Choose 2 answer choices.
1. It protects a person's right to hold no religious beliefs. 2. It protects the exercise of religious practices.
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
rational basis review
What type of speech does not receive First Amendment protections? Choose 3 answers.
speech that incites lawlessness threats to the president of the United States obscenity
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
the Supremacy Clause
Fourteenth Amendment
"[n]o State shall ... deprive any person of life, liberty, or property, without due process of law."
full faith and credit cause
A clause in Article IV, Section 1, of the U.S. Constitution that provides that "Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State." The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.
privliges and immunities clause
A clause in Article IV, Section 2, of the U.S. Constitution that requires states not to discriminate against one another's citizens. A resident of one state cannot be treated as an alien when in another state; he or she may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights.
preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
What situation would NOT be regulated by the federal government under the Commerce Clause?
A state requiring lawyers practicing in the state to be licensed
What is true of corporate political speech? Choose 2 answers.
Corporate political speech is protected by the First Amendment. Political donations are protected by the First Amendment as types of corporate political speech.
Ninth Amendment
Establishes that the people have rights in addition to those specified in the Constitution.
Tenth Amendment
Establishes that those powers neither delegated to the federal government nor denied to the states are reserved to the states and to the people.
What is preemption in the Supremacy Clause?
Federal law is supreme over state law.
Seventh Amendment
Guarantees the right to a trial by jury in a civil case involving at least twenty dollars.
Eigth Amendment
Prohibits excessive bail and fines, as well as cruel and unusual punishment.
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?
Yes, it is a violation of procedural due process.
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?
Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
What is the system of government called in which states form a union and share sovereign power with the central government of the union?
federalism
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?
intermediate scrutiny
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.
intermediate scrutiny rational basis review strict scrutiny
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:
invalidate the law.
What does substantive due process require? Choose 2 answer choices.
1. a legitimate governmental purpose if a non-fundamental right is involved 2. a compelling governmental interest if a fundamental right is involved
police powers
Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
Financial Services Modernization Act (Gramm-Leach-Bliley Act) (1999)
Prohibits the disclosure of nonpublic personal information about a consumer to an unaffiliated third party unless strict disclosure and opt-out requirements are met.
Electronic Communications Privacy Act (1986)
Prohibits the interception of information communicated by electronic means.
Third Amendment
Prohibits, in peacetime, the lodging of soldiers in any house without the owner's consent.
Privacy Act (1974
Protects the privacy of individuals about whom the federal government has information. Regulates agencies' use and disclosure of data, and gives individuals access to and a means to correct inaccuracies.
Freedom of Information Act (1966)
Provides that individuals have a right to obtain access to information about them collected in government files.
probable cause
Reasonable grounds for believing that a search should be conducted or that a person should be arrested.
Health Insurance Portability and Accountability Act (1996)
Requires health-care providers and health-care plans to inform patients of their privacy rights and of how their personal medical information may be used. States that medical records may not be used for purposes unrelated to health care or disclosed without permission.
Fourth Amendment
Prohibits unreasonable searches and seizures of persons or property.
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.
1. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. 2. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.
1. Limitations on advertisements for alcohol 2. Some advertising venues for tobacco
What authority does the federal government have under the Commerce Clause? Choose 2 answer choices.
1. To regulate international commerce 2. To regulate commerce on the national and local levels
In what situations does federal law preempt state law? Choose 2 answer choices.
1. When Congress passes a law and creates an agency to enforce that law 2. When Congress passes very detailed laws
federal form of government
A system of government in which the states form a union and the sovereign power is divided between a central government and the member states.
compelling government interest
A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.
How does the Fifth Amendment apply to fundamental rights?
Fundamental rights are a determining factor in the analysis under substantive due process.
Sixth Amendment
Guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and with counsel. The accused has the right to cross-examine witnesses against him or her and to solicit testimony from witnesses in his or her favor.
First Amendment
Guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government.
Fifth Amendment
Guarantees the rights to indictment (formal accusation) by a grand jury, to due process of law, and to fair payment when private property is taken for public use. The Fifth Amendment also prohibits compulsory self-incrimination and double jeopardy (trial for the same crime twice).
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
It must directly advance a government interest. It must not be overly restrictive to meet its objectives. It must seek to implement a substantial government interest.
You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights?
No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?
No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
What business speech is protected by the First Amendment?
Some types of advertising
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
The federal statute preempts the state statute under the Supremacy Clause.
commerce clause
The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.
supremacy clause
The provision in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.
Establishment Clause
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law "respecting an establishment of religion."
free exercise clause
The provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law "prohibiting the free exercise" of religion.
equal protection clause
The provision in the Fourteenth Amendment to the U.S. Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that state governments treat similarly situated individuals in a similar manner.
due process clause
The provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.
Sovereignty
The quality of having independent authority over a geographic area. For instance, state governments have the authority to regulate affairs within their borders.
checks and balances
The system by which each of the three branches of the U.S. national government (executive, legislative, and judicial) exercises checks on the powers of the other branches. ex. 1. The legislative branch (Congress) can enact a law, but the executive branch (the president) has the constitutional authority to veto that law. 2. The executive branch is responsible for foreign affairs, but treaties with foreign governments require the advice and consent of the Senate. 3. Congress determines the jurisdiction of the federal courts, and the president appoints federal judges, with the advice and consent of the Senate. The judicial branch has the power to hold actions of the other two branches unconstitutional.
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?
X- Yes, this ordinance violates a citizen's right to privacy. - Yes, this ordinance violates a citizen's right to free speech. - No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power. X- No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government.
