GOVT 2305 Clauses and the definitions of libel, slander, and actual malice

elastic clause

The clause in Article l, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated powers.

supremacy clause

The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.

full faith and credit clause

This section of the Constitution requires states to recognize one another's laws and court decisions. It ensures that rights established under deeds, wills, contracts, and other civil matters in one state will be honored by other states.

commerce clause

The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.

establishment clause

The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It determines the legality of giving state and local government aid to religious organizations and schools, allowing or requiring school prayers, and teaching evolution versus creationism.

free exercise clause

The provision of the First Amendment guaranteeing the free exercise of religion. The provision constrains the national government from prohibiting individuals from practicing the religion of their choice.

Slander

The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, persons other than the defamed party.

Libel

A written defamation of a person's character, reputation, business, or property rights.

Actual Malice

Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth.