1. Chapter 5

2.  It creates the three branches of government  Executive  Legislative  Judicial  It allocates powers to these branches  It protects individual rights by limiting the government’s ability to restrict those rights 5-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

3.  Federalism: The U.S. form of government  The federal government and the 50 state governments share powers  Enumerated powers: Certain powers delegated to the federal government by the states  Reserved powers – Those powers not granted to the federal government by the Constitution are reserved to the state governments 5-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

4.  Article I  Legislative branch: The part of the U.S. government that makes federal laws ▪ It is known as Congress (the Senate and the House of Representatives)  Article II  Executive branch: The part of the U.S. government that enforces the federal law ▪ It consists of the president and vice president 5-4 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

5.  Article III  Judicial branch: The part of the U.S. government that interprets the law ▪ It consists of the Supreme Court and other federal courts 5-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

6.  A system built into the U.S. Constitution to prevent any one of the three branches of the government from becoming too powerful  Supremacy Clause  A clause of the U.S. Constitution that establishes the U.S. Constitution and federal treaties, laws, and regulations as the supreme law of the land ▪ Preemption doctrine: A doctrine which provides that federal law takes precedence over state or local law 5-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

7.  A clause of the U.S. Constitution that grants Congress the power  “To regulate commerce with foreign nations, and among the several states, and with Indian tribes”  The federal government has the power to regulate three types of commerce  Commerce with Native American tribes  Foreign commerce  Interstate commerce 5-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

8.  Under Commerce Clause powers  The federal government entered into treaties with many Native American nations  Indian Gaming Regulatory Act  Sets the terms of casino gambling and other gaming activities on tribal land  Foreign commerce: Commerce with foreign nations  The Commerce Clause grants the federal government the authority to regulate foreign commerce 5-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

9.  Commerce that moves between states or affects commerce between states  Allows the federal government to regulate activities that affect interstate commerce  Under the effects on interstate commerce test:  The regulated activity does not itself have to be in interstate commerce 5-9 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

10.  Police power: Power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare  The power to regulate intrastate commerce  The authority to enact laws that regulate the conduct of business 5-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

11.  A situation in which the federal government has the Commerce Clause power to regulate an area of commerce but has chosen not to regulate that area of commerce  Unduly burden interstate commerce: A concept which says  States may enact laws that protect or promote the public health, safety, morals, and general welfare, as long as the laws do not unduly burden interstate commerce 5-11 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

12.  The Internet and other computer networks permit parties to obtain website domain names and conduct business electronically  E-commerce is subject to the Commerce Clause of the U.S. Constitution 5-12 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

13.  The first ten amendments to the Constitution that were added to the U.S. Constitution in 1791  Guarantees certain fundamental rights to natural persons and protects those rights from intrusive government action  Incorporation doctrine  A doctrine that states that most fundamental guarantees contained in the Bill of Rights are applicable to state and local government action 5-13 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

14.  The right to engage in oral, written, and symbolic speech  Protected by the First Amendment  Fully protected speech: Speech that cannot be prohibited or regulated by the government 5-14 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

15.  Speech that the government may not prohibit but that is subject to time, place, and manner restrictions  Offensive speech: Speech that is offensive to many members of society ▪ It is subject to time, place, and manner restrictions  Commercial speech: Speech used by businesses, such as advertising ▪ It is subject to time, place, and manner restrictions 5-15 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

16.  Speech that is not protected by the First Amendment and may be forbidden by the government  Dangerous speech  Fighting words that are likely to provoke a hostile or violent response from an average person  Speech that incites the violent or revolutionary overthrow of the government  Defamatory language  Child pornography  Obscene speech 5-16 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

17.  Speech that:  Appeals to the prurient interest  Depicts sexual conduct in a patently offensive way  Lacks serious literary, artistic, political, or scientific value  States are free to define what constitutes obscene speech 5-17 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

18.  A key concept addressed by the First Amendment  Establishment Clause: Prohibits the government from either establishing a state religion or promoting one religion over another  Free Exercise Clause: Prohibits the government from interfering with the free exercise of religion in the United States 5-18 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

19.  A clause which provides that a state cannot “deny to any person within its jurisdiction the equal protection of the laws”  Prohibits state, local, and federal governments from enacting laws that classify and treat “similarly situated” persons differently 5-19 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

20. Type of TestDescription Strict scrutiny testA test that is applied to classifications based on a suspect class (e.g., race, national origin, citizenship) or involves fundamental rights (e.g., voting) Intermediate scrutiny test A test that is applied to classifications based on a protected class other than race (e.g., gender) Rational basis testA test that is applied to classifications not involving a suspect or protected class 5-20 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

21.  A clause which provides that no person shall be deprived of “life, liberty, or property” without due process of the law  Substantive due process  Requires that government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope  Procedural due process  Requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty, or property 5-21 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

22.  Prohibits states from enacting laws that unduly discriminate in favor of their residents  Applies only to citizens  Does not protect corporations 5-22 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

23. 5-23 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.