LS 246 Exam 1 -UAB Questions and Answers|
Latest Update
legislative branch writes laws (president veto, judicial review)
executive branch enforces laws (senate approves treaties, supreme ct. uncon.)
judicial branch declares law/action unconstitutional (fed judges appt. by pres. with senate
approval)
biggest power of constitution for business commerce clause
applies to virtually all commercial transactions commerce clause
national government has exclusive power to regulate interstate commerce dormant power
clause
is state or fed law invalid if direct conflict arises? state
when congress chooses to act exclusively in a concurrent area (grey area) preemption
1st Amendment Freedom of speech, religion
, freedom of speech is not absolute
exceptions to freedom of speech content-neutral (can't say here), combating social
problem, content-specific
unprotected speech includes defamatory, threatening, fighting words, obscene
prohibits government for establishing a state-sponsored religion establishment clause
person's right to freely exercise their religion free exercise clause
right to a fair trial due process 5th/14th
types of due process procedural (notice and fair hearing), substantive (content of right, ex.
marriage)
gov must treat similarly situated indiv. in the same manner equal protection 14th
equal protection tests include strict/intermediate scrutiny, rational basis
federal admin agencies created through enabling legislation by congress
Latest Update
legislative branch writes laws (president veto, judicial review)
executive branch enforces laws (senate approves treaties, supreme ct. uncon.)
judicial branch declares law/action unconstitutional (fed judges appt. by pres. with senate
approval)
biggest power of constitution for business commerce clause
applies to virtually all commercial transactions commerce clause
national government has exclusive power to regulate interstate commerce dormant power
clause
is state or fed law invalid if direct conflict arises? state
when congress chooses to act exclusively in a concurrent area (grey area) preemption
1st Amendment Freedom of speech, religion
, freedom of speech is not absolute
exceptions to freedom of speech content-neutral (can't say here), combating social
problem, content-specific
unprotected speech includes defamatory, threatening, fighting words, obscene
prohibits government for establishing a state-sponsored religion establishment clause
person's right to freely exercise their religion free exercise clause
right to a fair trial due process 5th/14th
types of due process procedural (notice and fair hearing), substantive (content of right, ex.
marriage)
gov must treat similarly situated indiv. in the same manner equal protection 14th
equal protection tests include strict/intermediate scrutiny, rational basis
federal admin agencies created through enabling legislation by congress
