BUS235 The Constitution of the United States (Chapter 4)

Commerce Clause

Congress has power to regulate commerce with foreign nations and among states

Constitutional Powers

Article I of the Constitution creates the Congress and grants all legislative power to it. Article II establishes the office of president and defines executive powers. Article III creates the Supreme Court and permits lower federal courts; the article also outlines the powers of the federal judiciary.

Presidential Powers

Key powers include making agency

appointments, proposing legislation, conducting foreign policy, and acting as commander-in-chief of the armed forces.

Federal Courts

Adjudicate cases and also exercise judicial review, which is the right to declare a statute or governmental action unconstitutional and void.

First Amendment

Protects most freedom of speech, although the government may regulate the time, place, and manner of speech. In recent years, the Supreme Court has significantly expanded the free speech rights of organizations.

Stare Decisis

“let the decision stand,” and it indicates that once a court has decided a particular issue, it will generally apply the same rule in future cases.

Common law

Body of law derived from judicial decisions and court precedents rather than written legislative statutes.

Gerrymandering

Intentional drawing of electoral district boundaries to give an unfair political advantage to a specific party or group.

The Establishment Clause

Requires a separation of church and state. The government cannot establish a state church, pressure citizens to practice religion, or discriminate among religious groups. It must also refrain from favoring religion over nonreligion.

The Free Exercise Claus

Prohibits the government from prohibiting or penalizing religious beliefs or practices. Any law regarding religious practice must be neutral and generally applicable displaying neither approval nor disapproval of a religion.

Subpoena

An order to appear at a specific time and place to provide evidence forcing disclosure.

Subpoena duces tecum

An order requiring a person to produce documents or things