chapter 3

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These amendments were designed to address a wide variety of objections raised by the _______, who initially opposed ratification of the Constitution.

Anti- Federalists

The Constitution enumerates a series of delegated powers to Congress, that are listed in ________.

Article 1 Section 8

_______ of the Constitution vests general "executive power" in the President.

Article II

The first three articles of the Constitution establish three separate but coequal branches of the federal government: _______.

Congress Judicial Executive

Examples of entities engaged in interstate commerce might include: _____

FedEx carriers United Airlines Amazon.com

Both the _______ and the _______ Amendments to the Constitution declare that no person shall be deprived "of life, liberty, or property, without due process of law."

Fifth Fourteenth

The _______ Amendment protects individuals from being compelled to be witnesses against themselves in criminal cases, otherwise called the right _________.

Fifth to remain silent

In District of Columbia v. _______ the Supreme Court handed down a landmark decision that held the amendment protects a(n) _______ right to possess and carry firearms.

Heller individual

The Supreme Court has ruled that the Second Amendment's right to _______ belongs to _______ while also ruling that the right is not unlimited and does not prohibit all regulation of firearms or similar devices.

bear arms individuals

The definition of speech, for example, was expanded significantly extending the First Amendment to: ______, _______, and ______.

campaign financing hate speech pornography

_______ allows the government to create constitutionally permissive _______ and may treat each category differently, but at a minimum, persons within each category must be treated the same.

categories Equal protection

Among the enumerated powers delegated to Congress are the powers to: _______.

coin money regulate commerce bankruptcy

In the area of Fourth Amendment and electronic searches and seizures, the majority of courts have held that employees do not have a (n)_______ to information stored on a(n) _______ computer.

company-owned legitimate expectation of privacy

As the Chief Executive of the United States, the President has the power to: _______.

conduct foreign affairs enforce the laws made by Congress appoint federal judges

The preamble lists the main goals of the Constitution: _______. a. justice b. general welfare c. a more perfect union d. creating strong army

a, b anad c

Congress can use its commerce power strategically to regulate almost any aspect of business, including the following: _______.

persons moving among the states interstate shippers waterways

Under the doctrine of federalism, the ______ power (to protect the health safety and welfare of the public) resides with the states.

police

Commercial speech receives less protection under the First Amendment than _______ speech, and is therefore subject to greater regulation.

political

To obtain a warrant, the government must first demonstrate _______ to a judge or magistrate that the proposed search or seizure is justified under the law.

probable cause

The government does not need a warrant if there are "_______" and if it is acting with _______ and obtaining a warrant is impractical.

probable cause exigent circumstances

The Fourth Amendment prohibits unreasonable searches and seizures and requires a(n) _______ based on _______.

probable cause warrant

The _______ test essentially applies to almost every economic regulation and tax-related law.

rational basis

A dog-sniff inspection at an airport would be invalid under the _______ if the inspection violates one's _______ of privacy.

reasonable expectation Fourth Amendment

In National Federation of Independent Business v. Sebelius, the U.S. Supreme Court held that the individual mandate exceeded Congress's power to _______.

regulate commerce

One of the most significant sources of Congress's powers is its enumerated power to _______.

regulate commerce

The First Amendment is perhaps the most famous provision in the entire Constitution, that protects individual liberty in three overlapping domains:_______, _______, and _______.

religion association speech

When a regulated activity is purely a ______ activity (such as when Congress passes a criminal statute unrelated to commerce), the Supreme Court has used increased levels of _______ to be sure that the activity that Congress seeks to regulate has a sufficient _______(connection) to some legitimate economic interest.

scrutiny noncommercial nexus

Under the Fourth Amendment, _______ and _______ (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a _______ officer who has sworn by it.

search law enforcement seizure

The principle of _______ refers to the creation of power centers within a single level of government.

separation of powers

When a government action impairs a fundamental constitutional such as freedom of speech or religion courts will tend to apply a(n) _______ standard in deciding whether to uphold the government action.

strict scrutiny

Congress can use its commerce power strategically to regulate almost any aspect of business, including the following: _______.

waterways interstate shippers persons moving among the states

In cases involving _______ discrimination the court will apply the _______ standard, and courts will uphold a government action if the government can prove that the action furthers an important government objective.

intermediate gender

The U.S. Constitution creates three separate and coequal branches of the federal government: _______.

judicial legislative executive

Article III establishes the ________ of the federal courts.

jurisdiction

At a minimum, due process means two things: _______ and _______.

laws must not be vague or arbitrary the government must provide reasonable notice and a neutral hearing

In addition, both the right to due process and the right to equal protection apply not just to individuals but also to "_______," such as corporations, LLCs, and other business entities.

legal persons

Under the strict standard, courts will uphold the law only if the government's objective is _______, the means chosen is _______ to achieve that compelling end, and no _______ alternatives exist.

narrowly tailored compelling less restrictive

The English jurist _______ described the right to bear arms as an auxiliary right, one supporting the primary _______ of self-defense and resistance to oppression and the civic duty to act in defense of one's country.

natural rights Sir William Blackstone

In US v. Lopez, the Supreme Court declared the Gun-Free School Zones Act unconstitutional because gun possession was a _______ activity.

non-commercial

Article III of the Constitution vests judicial power in _______ and in inferior federal courts established by Congress.

one Supreme Court

_______ divides power along a vertical dimension between the federal government and the states.

federalism

The _______ Amendment requires that the power of _______ be coupled with "just compensation" for those whose property is taken.

fifth eminent domain

Private employers are free under the _______ Amendment to fire employees for attending a white supremacist rally or for posting hateful speech on the Internet.

first

The protections in the Bill of Rights apply against the _______ not against _______.

government private business firms

Not only does the text of the Constitution give Congress the enumerated power to regulate commerce, but the U.S. Supreme Court has interpreted this power: _______.

in very broad terms

The Affordable Care Act in 2010 ("Obamacare") contained a controversial provision known as the "_______," which required all persons to purchase health insurance or pay a penalty to the IRS.

individual mandate

The _______ refers to the first ten amendments to the United States Constitution and is just as important as the original Constitution.

Bill of Rights

_______ and equal protection are the most basic rights established in our Constitution; indeed, the right to _______ can be traced all the way back to the Magna Carta of 1215.

due process

Fundamentally, _______ requires the government to treat people who are similarly situated equally.

equal protection


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