1Powers given to the federal government under the Constitution must be what?
Specifically granted
2What does the Constitution identify for the people?
Procedural protections
3What does the Constitution delegate to the 3 branches of government?
Specific powers
4What does the Constitution provide for the federal government?
Structure
5What does the Constitution NOT provide for government members?
Ethical boundaries
6How many amendments are in the Constitution?
27
7What are the first 10 amendments called?
Bill of Rights
8What are powers granted to branches of government in the Constitution called?
Enumerated powers
9What kind of power does the Constitution grant to the federal government?
Limited power
10Who is the Chief Executive?
The President
11How many articles in the Constitution create the federal government?
Three
12What powers are given to Congress in Article 1, Section 8?
The power to spend government funds and regulate commerce
13What freedoms does the Bill of Rights guarantee?
Religion, speech, and assembly
14What freedom is NOT guaranteed by the Bill of Rights?
Privacy
15What is the Necessary and Proper Clause?
Congress’s general implied power to make laws needed to carry out its enumerated powers
16Which article creates the executive branch?
Article 2
17What does the general preamble of the Constitution contain?
The main objectives of the document
18How many articles are in the Constitution?
Seven
19What does the President typically issue?
Executive orders
20Which branch has the power to regulate commerce?
Legislative
21Which article creates the judicial branch?
Article 3
22What is judicial review?
The process allowing federal courts to invalidate unconstitutional laws
23What did Marbury v. Madison establish?
The Constitution is superior to federal and state statutes
24What does separation of powers ensure?
No one branch can dominate the other two
25What are executive orders used for?
Carrying out executive functions of the government
26What can the judicial branch declare unconstitutional?
A law
27What is jurisdiction?
The legal authority of a court to decide a case
28What happens to a law inconsistent with the Constitution?
It will be invalidated
29What is scrutiny?
Critical observation or examination used to determine constitutionality
30How many levels of judicial review exist for constitutional issues?
Three
31What are the levels of judicial review?
Rational Basis, Intermediate-Level Scrutiny, Strict Scrutiny
32What power does the executive branch have over Congress’s authority to pass laws?
The power to veto
33What standard of review requires the least scrutiny?
Rational Basis
34What does intermediate-level scrutiny require the government to prove?
The action advanced an important government objective
35When does strict scrutiny apply?
When government action interferes with a fundamental right
36What level of review do economic and tax regulations typically receive?
Rational Basis
37What is preemption?
The power under the Supremacy Clause to override state law
38What does the regulation of interstate commerce include?
Regulation of persons and products crossing state lines
39What did US v. Lopez limit?
Congress’s authority under the Commerce Clause
40What does the Fourth Amendment protect against?
Unreasonable searches and seizures
41What does the Fourteenth Amendment do?
Makes the Bill of Rights applicable to the states
42What speech is entitled to partial First Amendment protection?
Commercial speech
43What does the Eighth Amendment prohibit?
Cruel and unusual punishment
44What limits are placed on free speech?
Public safety
45What is the most common form of commercial speech?
Advertisement
46What protects corporate political speech?
Full First Amendment protection
47What rule excludes illegally obtained evidence?
Exclusionary Rule
48What are exceptions to the Fourth Amendment search warrant requirement?
Consent and searches incident to arrest
49What does curtilage refer to?
The area surrounding a home, entitled to Fourth Amendment protection
50What must be shown for a seizure of private property under the Fourth Amendment?
Meaningful interference with possessory interests
51What does the Due Process Clause protect against?
Overly intrusive government actions
52What does procedural due process require?
Notice and an opportunity to be heard
53What is the Equal Protection Clause part of?
The Fourteenth Amendment
54What is the right to privacy considered?
Implied
55Where are privacy rights found?
In the Constitution and federal law
56What does HIPAA provide?
Privacy rights related to health care records
57What do substantive due process rights require?
Laws to be published and not overly vague