Chapter 6

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  1. The Constitution
    • Creates the Congress, the presidency, and the Supreme Court.
    • 27 Amendments 1-10 are the Bill of Rights, only 17 amendments have been ratified since 1791.
  2. Separation of Powers
    The doctrine that holds that the legislative, executive, and judicial branch of the government function independent of one anther ND that each branch serves s a check on the others.
  3. Federalism
    A term used to describe the vertical aspect of he separation of powers. The coexistence of a federal government and the various state governments, with each having responsibilities and authorities that are distinct but overlap, is called federalism.
  4. Supremacy Clause
    Article VI  of the U. S. Constitution, which states that the  institution, laws, and treaties of the United States shall be the "supreme law of the land" and shall take precedence over conflicting state laws.
  5. Preemption
    A condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law.
  6. Contract Clause
    The constitutional provision that prohibits states from enacting laws that interfere with existing contracts. The Supreme court has refused to interpret this clause in a absolute manner.
  7. Freedom of Religion
    Establishment clause/ free exercise clause- guarantee freedom of religion through the separation of church and state.
  8. Freedom of Speech
    Covers both verbal and written communications.
  9. Obscenity
    With the exception of child pornography, very little material is prohibited in the U.S. as legally obscene.
  10. FCC/ Federal Communications Commission
    Has the power to restrict certain speech.
  11. Overbreadth doctrine
    A principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action.
  12. Freedom of Press
    The publishing business is the only organized private business given explicit constitutional protection.
  13. Prior restraints
    A principle applicable under the freedom of press and speech clauses of the First Amendment of the U. S. Constitution. The courts have announced decisions that encourage governments to allow the publications or expression of thoughts rather than to restrain such thoughts in advance of their publication or expression.
  14. Defamation
    The publication of anything injurious to the good name or reputation of another.
  15. Libel
    The recovery of damages as a result of printed defamation of character.
  16. Malice
    The state of mind that accompanies the intentional doing of a wrongful act without justification or excuse.
  17. Actual Malice
    Knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not.
  18. The Forth Amendment:
    Due process clause
    Equal protection clause
    No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.: nor shall any state deprive any person of life, liberty or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws."
  19. Due process
    Fundamental fairness. As applied to judicial proceedings, adequate notice of a hearing and an opportunity to appear and defend in an orderly tribunal.
  20. Equal protection
    Requires all citizens to be treated in an similar manner by the government unless there is a sufficient justification for the unequal treatment.
  21. Minimum rationality
    A legal test used by the courts to test validity of government actions. The government needs t demonstrate that there is a good reason for the government's actions.
  22. Strict scrutiny
    A legal test used by the courts to test validity of government actions. The government needs to demonstrate that there is a compelling state interest justifying the government's actions.
  23. Quasi-strict scrutiny
    A legal test used by the courts to test validity of government actions. The government needs to demonstrate that the purpose of the action is substantially related to an important government objection.
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Chapter 6
2015-02-27 23:35:03

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