Blaw 5.2 Chapters 5.2 & 5.3 Homework Flashcards
Unlock all answers in this set
Unlock answersquestion
Article 1, section 8 is a critically important part of the Constitution because
answer
it lists the types of statutes that congress is allowed to pass
question
Which of the following are three of the Framers' main goals in creating the Commerce Clause?
answer
Create a unified voice for regulating commercial relations with foreign governments, stop the states from imposing harmful taxes and regulations, bring coordination and fairness to trade among the states
question
To be considered a part of "interstate commerce" a good must physically travel from one state to another.
answer
False
question
In National Federation of Independent Business v. Sebelius, the Supreme Court held:
answer
The federal government does not have the power to order people to buy health insurance. The federal government has the power to impose a tax on those without health insurance.
question
The individual mandate of the Patient Protection and Affordable Care Act was upheld under the
answer
taxing and spending clause
question
The dormant Commerce Clause holds that a state statute that discriminates against interstate commerce is almost always unconstitutional.
answer
True
question
Which of the following are the two prerequisites for a state law to be valid under the Supremacy Clause?
answer
Congress does not intend to dominate the issue, and there is no conflicting FEDERAL law
question
Which of the following are three of the President's key areas of power?
answer
Foreign policy, appointments, legislation
question
In Kennedy v. Louisiana Justice Kennedy's decision relied heavily on
answer
Evolving standards of decency
question
From the 1950s to the 1970s, the Supreme Court exercised considerable judicial restraint, and was reluctant to decide social issues on constitutional grounds.
answer
false
question
__________ refers to the Court's willingness to become involved in major issues and to decide cases on _____ grounds. ________ is the opposite: an attitude that courts should leave lawmaking to ______ and _________ a law only when it unquestionably violates the constitution.
answer
Judicial activism. Constitutional. Judicial restraint. legislators. nullify
question
Marbury v Madison
answer
established judicial review
question
Miranda v Arizona
answer
began a major reappraisal of the states police powers, and the rights of criminal suspects
question
Kennedy v Lousiana
answer
struck down as unconstitutional a state statute that permitted the death penalty for a defendant convicted of rape
question
Roe v Wade
answer
established certain rights to abortion
question
Brown v Board of Education
answer
ordered an end to racial segregation in public schools
