Chapter 2

What does the privileges and immunities clause state?

"Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." In other words, a state must establish a reason for treating people from other states differently.

The Supreme Court (often / rarely) curbs the federal government's use of the commerce clause.

rarely

What two amendments refer to due process?

the Fifth and Fourteenth Amendments

What does substantive due process limit?

what the government may do in its legislative and executive capacities

When does preemption occur?

when congress chooses to act exclusively in a concurrent area

Since the original bill of rights only limited the power of the federal government, which amendment did so for the states?

14th Amendment

In situations not involving fundamental rights, a law or action does not violate substantive due process if it rationally relates to what?

Any legitimate government purpose. It is almost impossible for a law or action to fail this test.

Does due process apply to both corporations and natural persons or only the latter?

Both

The full faith and credit clause applies only to (criminal / civil) matters.

Civil

T/F: Because sole proprietors act as a business, they are required to incriminate themselves when asked to produce information.

False, because they are legally viewed as lone individuals rather than a partnership, it is considered a natural person.

T/F: The fifth amendment's protection against self-incrimination extends to corporations and partnerships, as well as natural persons.

False, only natural persons.

What three criteria must be met in order to place a restriction on commercial speech?

It must seek to implement a substantial government interest, directly advance that interest, and go no further than necessary to accomplish its objective.

Police powers is a term used to describe (state / federal) power.

State

What are the three standards of scrutiny used to determine whether a law or action violates the equal protection clause?

Strict, Intermediate, and "Rational Basis"

What does procedural due process require?

That any government decision to take life, liberty, or property must be made equitably.

What amendment does the equal protection clause originate from?

The Fourteenth Amendment

What act do privacy advocates often criticize?

The Patriot Act, which was passed in the wake of 9/11 and gives the government authority to monitor internet activities

What does equal protection mean?

The government cannot enact laws that treat similarly situated individuals differently.

What does the "dormant" commerce clause refer to?

The negative aspect of the commerce clause, that is, the states losing the power to regulate commerce since the federal government has taken it on itself

T/F: The Supreme Court held that a constitutional right to privacy was implied by the First, Third, Fourth, Fifth and Ninth Amendments.

True

T/F: The commerce clause applies to both inter and intra state commerce.

True

T/F: Through the use of its spending power, Congress can require states to comply with specified conditions of particular federal programs before the state is qualified to receive federal funds.

True

T/F: You can burn an American flag in protest.

True

For the most part, are corporations protected when they speak politically?

Yes, under the first amendment

All power not delegated to the (federal / state) government(s) is expressly reserved for the (federal / state) government(s).

federal, state

What types of speech are NOT protected by the first amendment?

fighting words, speech that violates criminal laws obscenities, threats,

The system of checks and balances runs between (local, state, and federal / legislative, executive, judicial) parts of government.

legislative, executive, judicial

Any law that regulates the content of expression must serve a compelling government interest and must be (broadly / narrowly) written to achieve that interest.

narrowly

What is the difference between the establishment clause and the free exercise clause?

the establishment clause prohibits a government from establishing a religion while the free exercise clause prohibits the free exercise of religious practices.

What clause protects a citizen's legal rights as they move about from state to state?

the full faith and credit clause

Which article of the Constitution is commonly referred to as the supremacy clause?

Article VI

What rights fall under which levels of scrutiny when referring to equal protection?

Fundamental rights = strict scrutiny, cases involving discrimination based on gender or legitimacy = intermediate scrutiny, matters of social or economic welfare = "rational basis".

What is necessary to obtain a search warrant?

Probable cause

In what cases are search warrants usually not required?

Seizures of spoiled or contaminated food or of business in highly regulated industries such as liquor guns, and strip mining