Key Terms
RESULT
When federal law conflicts with state law, federal law wins.
Structure
Bicameral legislature (two chambers).
WHY IT EXISTS
Founders distrusted central government; wanted to address the failures of the Articles of Confederation.
States have police power
Authority to regulate public safety, health, welfare, and morals.
EXAMPLE
A city may display a Christmas tree or nativity scene as part of a general holiday-themed cultural display that also inc
TEXT
"No state shall deny to any person within its jurisdiction the equal protection of the laws."
ORIGINAL SCOPE
Business transactions across state lines.
EXPANDED SCOPE
Business activity WITHIN one state that substantially affects or impacts commerce in other states.
EXAMPLE OF VIOLATION
State charges out-of-state corporations a higher tax or fee than in-state corporations. Unconstitutional.
EXAMPLE OF PERMISSIBLE STATE ACTION
State weighs all trucks on highways to enforce weight limits, including trucks from other states. Constitutional, becaus
Example
"Congress shall make no law" - states weren't bound. After the Civil War, the Fourteenth Amendment added due process pro
SCOPE
Applies to all persons physically on US soil.
TENSION
These two clauses can conflict. Example: practicing religion openly on government property (public school, city hall).
RESOLUTION TEST
Public funds for religious purposes and public display of religious life is generally acceptable IF the primary motivati
SPEECH
Supreme Court ruled corporations are "persons" entitled to First Amendment speech rights. Restrictions on corporate spen