Due Process/Equal Protection
Which amendments guarantees due process of the law
5th and 14th
Articles I, II, and III set forth the structure and powers of all three branches. The system created to limit the power and actions of one branch over another is known as:
Checks and Balances
This case had the greatest impact on interstate commerce. The law that derived from this state is:
Interstate Commerce is an Exclusive power of the Federal Gov't
A law or action that infringes upon a fundamental right will not violate substantive due process if the state can prove that there is:
compelling government interest
Protects privacy rights relating to your health information
This aspect of the due process clauses requires that one must be given an opportunity to be heard if the government may potentially take life or liberty away
Procedural Due Process
We have 27 ______________ and 7 ______ in our US Constitution.
27 Amendments
7 Articles
This case set the precedent for Privacy Rights.
Plaintiff felt that the state was infringing on her fundamental right to make a choice on contraceptives.
Griswold v Connecticut
This clause mandates that each state must not discriminate against citizens from a different state
State can't impose stricter business requirements on entrepreneur's from a diff state
What is the Privilege's and Immunities Clause
The form of government in which the state and federal government share power is known as:
What is a Federal Form of Gov't
This aspect of the due process clause focuses on the CONTENT of the legislation rather than the fairness of the procedures.
Substantive Due Process
List two forms of speech that are not protected by the 1st Amendment
Defamatory Speech
Threatening (criminal) Speech
Obscene Speech
This landmark case gave power to Congress in allowing them to regulate interstate commerce and power to stop discriminatory practices within a state
Heart of Atlanta Motel v US
Under the First Amendment, we have the Free Exercise Clause. What does this guarantee?
People can hold any religious belief they choose or have no religious belief at all
What is the USA Patriot Act
Gives government the authority to monitor communication via internet/phone calls when investigating criminal activities in order to better protect our nation
Name the 3 tests courts use to determine whether the law or action violates the equal protection clause
Strict Scrutiny
Intermediate Scrutiny
Rational Basis Test
Name three forms of speech that are protected by the 1st Amendment
Symbolic
Corporate Political
Commercial
This landmark case dealt with Commercial Speech.
State compared the negative exposure in children's comic books to that of advertising for an alcohol company.
State sided with the alcohol company and allowed their marketing to continue.
Bad Frog Brewery v NYS Liquor Authority
The First Amendment contains this clause which prohibits the government from choosing a state sponsored religion, as well as promoting or endorsing any religion.
What is the Establishment Clause
Which article is the Supremacy Clause
AND
Explain its purpose
Article VI
The US Constitution is the supreme law of the land
(If we have conflicting laws, federal law will preempt state law)
Explain the difference between the following clauses:
due process & equal protection
Due Process- when a law or action limits the liberty of ALL persons
Equal Protection- Law or action limits the liberty of SOME persons (small group or an individual)
Answer the following two questions:
-Which article pertains to the amending process of the Constitution?
-Which article requires each state to give "full faith and credit" to the laws of all the other states (relations among states)?
1) 5th
2) 4th
This landmark case under the Equal Protection Clause, reversed a decision upholding the legitimacy of a government interest in enforcing a dress code
Bah v City of Atlanta
Explain the Full Faith and Credit Clause
Ensures that rights (civil matters) established under deeds, wills, familial payments, and contracts from one state will be honored by all other states.
The term/reference used to describe States not having the ultimate authority to regulate interstate commerce if the national government feels a state law impinges on commerce for no legitimate objective is:
What is the:
Dormant Commerce Clause
Negative Aspect of the Commerce Clause