bule chap 4

Substantive due process requires:

- The legislation or action must be fair and reasonable in content. -The legislation or action must further a legitimate governmental objective.

preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

the 14th Amendment of the U.S. Constitution

guarantees equal protection

checks and balances

The system under which the powers of the federal government are divided among three separate branches—the executive, legislative, and judicial branches—each of which exercises a check on the actions of the others.

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.

-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. -A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

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.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.

-It must not be overly restrictive to meet its objectives. -It must seek to implement a substantial government interest. -It must directly advance a government interest.

What type of speech does not receive First Amendment protections? Choose 3 answers.

-speech that incites lawlessness -obscenity -threats to the president of the United States

filtering software

A computer program that is designed to block access to certain websites, based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.

full faith and credit clause

A provision in Article IV, Section 1, of the U.S. Constitution that ensures that rights established under deeds, wills, contracts, and similar instruments in one state will be honored by other states and that judicial decisions will be honored and enforced in all states.

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause?

A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. & 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.

federal form of government

A system of government in which the states form a union and the sovereign power is divided between the 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.

privileges and immunities clause

Article IV, Section 2, of the U.S. Constitution requires states not to discriminate against one another's citizens. A resident of one state, when in another state, cannot be denied the privileges and immunities of citizens of that state.

Takings clause

Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.

Which classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job?

Intermediate Scrutiny

meta tags

Key words in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on the tags in Web documents.

Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices.

Legislation must be fair and reasonable in content. Legislation must further a legitimate governmental objective.

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.

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?

No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.

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.

symbolic speech

Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts.

police powers

Powers possessed by the 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.

Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk. Choose 2 answer choices.

Rational Basis Test Minimal Scrutiny

What restrictions on business speech are allowed by the First Amendment?

Some advertising venues for tobacco Limitations on advertisements for alcohol

What business speech is protected by the First Amendment?

Some types of advertising

Substantive due process

Substantive due process limits what the government may do in regulating certain activities by its legislative and executive means. Substantive due process protects fundamental rights.

Where are fundamental rights protected specifically in U.S. law?

The Constitution (especially in the Bill of Rights

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.

Bill of Rights

The first ten amendments to the U.S. Constitution.

sovereignty

The power of a state to do what is necessary to govern itself. Individual state sovereignty is determined by the U.S. Constitution.

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 the Constitution, laws, and treaties of the United States are "the supreme Law of the Land."

establishment clause

The provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.

free exercise clause

The provision in the First Amendment that prohibits the government from interfering with people's religious practices or forms of worship.

equal protection clause

The provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner.

due process clause

The provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. State constitutions often include similar clauses.

In what situations does federal law preempt state law?

When Congress passes a law and creates an agency to enforce that law When Congress passes very detailed laws

Procedural due process

When the government wants to take life, liberty, or property, it must follow certain procedures and processes to ensure the outcome is fair

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

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

invalidate the law.

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 are the three levels of scrutiny used by courts to determine the constitutionality of a government action?

rational basis review strict scrutiny intermediate scrutiny

The free exercise clause

religious freedom guarantees that people can believe what they want to believe

fundamental rights

rights so basic that any governmental interference with them is suspect and likely to be unconstitutional

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

the Supremacy Clause

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