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