U.S. Constitution: Key Principles, Amendments, and Federalism

What is the primary purpose of the Constitution?

To provide the legal framework of the federal government and its authority to regulate business activity.

When was the Constitution originally drafted?

In 1787.

What document did the Constitution serve as an alternative to?

The Articles of Confederation.

What are the three main components of the Constitution?

Original Framework, Amendments, and Bill of Rights.

What does the Separation of Powers entail?

The division of government responsibilities into distinct branches: Legislative, Executive, and Judicial.

What is Federalism?

The separation of powers between federal, state, and local governments.

Which amendment reserves powers to the states and the people?

The 10th Amendment.

What does the Supremacy Clause state?

The Constitution and federal laws are the supreme law of the land.

What is Preemption?

The concept that allows a higher level of government to limit or eliminate the power of a lower level of government to regulate a specific issue.

What is the Commerce Clause?

It grants Congress the power to regulate commerce with foreign nations, among the states, and with Indian tribes.

What are State Police Powers?

The authority of states to pass laws to protect public health, safety, and welfare within the state.

What is the Dormant Commerce Clause?

The principle that states cannot enact legislation that unduly burdens or discriminates against interstate commerce.

What is the Bill of Rights?

The first 10 amendments to the Constitution that define personal rights of Americans.

What freedoms does the First Amendment protect?

Freedom of religion, speech, press, assembly, and petition.

What is the Establishment Clause?

It prohibits the government from favoring one religion over another.

What does the Free Exercise Clause protect?

It protects individuals' rights to practice their religion without government interference.

What constitutes Unprotected Speech?

Speech that includes defamation, threatening speech, fighting words, and obscenity.

What is Commercial Speech?

Speech or writing on behalf of a business intended to earn revenue or profit.

What does the Second Amendment address?

The right to possess guns.

What does the Fifth Amendment state about Eminent Domain?

Private property cannot be taken for public use without just compensation.

What does the Fourteenth Amendment guarantee?

Equal protection under the law and due process.

What is Substantive Due Process?

It requires the government to have justification for its actions.

What is Procedural Due Process?

It involves ensuring proper notice and a proper hearing in legal proceedings.

What is the Incorporation Doctrine?

It uses the due process clause to apply the Bill of Rights to the states.

What is the test for Minimum Rationality in Equal Protection claims?

Determining if the classification is rationally related to a legitimate government objective.

What is Quasi-Strict Scrutiny?

It evaluates if the classification is substantially related to an important government interest.

What is Strict Scrutiny?

It requires that the classification is necessary to achieve a compelling state interest.