Ch 2

Due Process Clause

Substantive, and Procedural, Mandated by 5th and 14th amendment; no person deprived of life, liberty, or property without due process of law

Commerce Clause

prevents states from establishing laws and regulations that would interfere with trade and commerce among states; government CAN regulate INTERSTATE commerce

Heart of Atlanta Motel v. US

prohibited racial discrimination in interstate commerce

Full Faith and Credit Clause

protects legal rights of American citizens as they move about from state to state

Bill of Rights

series of protections for natural people and legal people in interference of government

Privileges and Immunities Clause

state may not treat citizens of others states differently from citizens in its own state unless there is a substantial reason

How was Bill of Rights incorporated

states via due process clause of 14th amendment

Griswold vs. CT

Constituonal right to privacy found in 1st, 3rd, 4th, 5th, 9th amendments

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Probable cause

4th amendment; officers need trustworthy evidence to convince a reasonable person that search/seizure is more likely justified than not

Procedural Due Process

Any gov't decision to take life liberty or property must be made equitably

Taxing and Spending Powers (2)

Congress has the "Power to lay and collect Taxes, Duties, Imposts, and Excises" which shall be "uniform" among the states gives congress spending power to pay debts and provide for the common defence

Supremacy Clause and Federal Preemption

Constitution, laws, and treaties of US are supreme law of the land

Substantive Due Process

Content of Legislation; Fundamental rights of marriage, voting, etc, need substantial reason to take action that infringes upon rights

Privacy Rights

Right to privacy implied in 1st, 5th, and 14th amendments

Dormant Commerce Clause

State's don't have power to regulate interstate commerce clause

Interstate

between the states

Preemption

doctrine under which certain federal laws preempt conflicting state or local laws

Gibbons v. Ogden

government can also regulate commerce within a state (intrastate)

Intrastate

within a state

Federal Form of gov't

· Shares power between national and state governments, Each US state has inherent sovereignty

Police powers

· ability to regulate certain laws within the state's borders