Chapter 3

Question 1

refer to an action taken by an entity of either the federal
government, state government, or a local government

Answer 1

state action

Question 2

Congress has the right to regulate interstate commerce but not intrastate commerce.

Answer 2

commerce clause

Question 3

a constitutional principle that holds only Congress can regulate interstate commerce

Answer 3

dormant commerce clause

Question 4

allowing a state to regulate the health, safety, and morals of its citizens

Answer 4

police power

Question 5

“the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”

Answer 5

privileges and immunities clause

Question 6

stating federal law will trump state law, even a state constitution, if the federal law is a constitutional exercise of the federal government’s authority

Answer 6

supremacy clause

Question 7

the process by which federal law overrules or preempts state law

Answer 7

preemption

Question 8

requires each state to recognize and give credit to legal documents and proceedings of other states.

Answer 8

full faith and credit clause

Question 9

often used for the
basis of arguments demanding the separation of church and state

Answer 9

establishment clause

Question 10

the federal government must not restrict the right of its citizens to practice their religious beliefs

Answer 10

Free exercise clause

Question 11

In the business context, Congress passed the Civil Rights Act of 1964, Title VII, which
requires employers to provide

Answer 11

Reasonable accommodations

Question 12

An individual may face government regulation when engaging in

Answer 12

Unprotected speech

Question 13

occurs when (1) the work or speech appeals to a prurient interest, (2) the work or speech is patently offensive, and (3) the work or speech lacks serious literary, artistic, political, or scientific merit

Answer 13

obscene speech

Question 14

includes speech that promotes a product or service, communicates information that benefits the economic interest of the speaker, or intends to create goodwill for the company.

Answer 14

Commercial speech

Question 15

1. The speech must be protected by the First Amendment (misleading or obscene speech, for example, would not be protected).
2. The restriction on commercial speech must advance a substantial government interest.
3. The restriction must directly advance the substantial government interest.
4. The restriction must go no further than necessary.

Answer 15

Central Hudson case

Question 16

occurs when the government attempts to prohibit protected speech before it is communicated

Answer 16

prior restraint

Question 17

reasonable belief that a crime has been committed by the defendant.

Answer 17

probable cause

Question 18

the belief that a person may be engaged in a criminal activity

Answer 18

Reasonable suspicion

Question 19

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”

Answer 19

4th amendment

Question 20

the right of the people to keep and bear arms

Answer 20

2nd amendment

Question 21

several important safeguards for those accused of a crime

Answer 21

5th amendment

Question 22

prohibits the state from trying a defendant twice for the same crime if the defendant is found not guilty in the first trial.

Answer 22

double jeopardy

Question 23

the process of a government taking property of a citizen in this manner is referred to

Answer 23

eminent domain

Question 24

prevents the federal government from arbitrarily taking a citizen’s life, liberty, or property

Answer 24

due process

Question 25

citizens have certain rights that the government cannot take away by legislation, for example, the right to marry, raise children, or work at a job

Answer 25

Substantive due process

Question 26

means the federal government must follow certain procedures when taking away a citizen’s life, liberty, or property

Answer 26

Procedural due process

Question 27

cannot treat classes of citizens differently under the law unless they have a legitimate, important, or compelling reason for doing so

Answer 27

equal protection

Question 28

cases involving the suspect classes of race, alienage, and national origin

Answer 28

strict scrutiny

Question 29

lowest level of scrutiny

Answer 29

rational basis scrutiny

Question 30

less restrictive than strict scrutiny but more restrictive than rational basis scrutiny

Answer 30

Intermediate scrutiny