BUSA test #2 Chapter 4 of 5
Congressional Intent
It is not clear whether Congress intended to preempt an entire subject area through passing a certain law
Content-Neutral Laws
Laws that regulate the time, manner, and place—but not the content—of speech receive less scrutiny by the courts.
establishment clause
prohibits government from establishing a state-sponsored religion or passing laws that favor one over the other.
checks and balances
-A system of ----- allows each branch to limit the actions of the other two branches. -This system prevents any one branch from exercising too much power.
The legislative branch (i.e., Congress)
-Can override the president's veto. -Can define the jurisdiction of the judiciary. -Must confirm judiciary appointees.
Full Faith and Credit Clause (Art. IV §1)
-Ensures that any judicial decision with respect to such property rights will be honored and enforced in all states. -The full faith and credit clause protects the legal rights of American citizens as they move about from state to state.
The executive branch (i.e., the president)
-Has the power to veto legislation passed by Congress. -Can appoint the members of the judiciary.
Expansion of Powers under the Commerce Clause:
-In 1942, the Supreme Court expanded commerce clause to purely intrastate businesses (Wickard v. Filburn). -In 1964, the Supreme Court prohibited racial discrimination in interstate com-merce (Heart of Atlanta Motel v. U.S.)
Limits on Federal and State Actions
-Originally, the Bill of Rights was a limit on the national government's powers. -Over time, the Bill of Rights was "incorporated" to states via the due process clause of the Fourteenth Amendment. -Rights are not absolute.
federal form of government
-Shares power between national and state governments. -Each U.S. state government has inherent sovereignty (power to govern itself). -As a result, states also have police powers (the ability to regulate certain affairs within their borders).
The Commerce Clause
-The U.S. Constitution empowers Congress "[t]o regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes." -This clause prevents states from establishing laws and regulations that would interfere with trade and commerce among the states.
Preemption
A doctrine under which certain federal laws preempt (or take precedence over) conflicting state or local laws
Privileges and Immunities Clause
Article IV of the U.S. Constitution states that "Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several State
The Supremacy Clause and Federal Preemption
Article VI of the Constitution provides that the Constitution, laws, and treaties of the United States are the "Supreme Law of the Land."
Taxing and Spending Powers (Art. I §8):
Congress has the "Power to lay and collect Taxes, Duties, Imposts, and Excises" which shall be "uniform" among the states.
Executive Branch
Enforces laws
Freedom of Religion
First Amendment may not "establish" a religion or prohibit the "free exercise" of religion.
The judicial branch (i.e., the Supreme Court and the lower federal courts)
Has the power to void the acts of the executive and legislative branches because they are unconstitutional.
Judicial Branch
Interprets the laws
Legislative Branch
Makes laws
Separation of Powers
The national government is composed of three separate branches:
The "Dormant" Commerce Clause
When state regulations interfere with interstate commerce, courts must balance the state's interest against the burden that the regulation places on interstate commerce.
freedom of speech
the right to express any opinions without censorship or restraint.
