Key Terms
Result
Too weak to function. Abandoned; replaced by the current Constitution in 1787.
Judicial review
Power to review executive and legislative actions to determine if they violate the Constitution. Includes review of stat
States retain police power
Authority to regulate public safety, health, welfare, and morals. States may grant MORE civil rights than the federal go
Example
Imprisoning thieves passes easily.
Express preemption
Congress explicitly states its intent to regulate an area completely.
Implied preemption
Congress does not explicitly say so, but passes laws that "occupy the field" — no room for state regulation remains.
Concurrent regulation
Both state and federal governments regulate the same area together (example: consumer protection laws).
Purpose
Encourage travel and business between states.
Example of a violation
Requiring out-of-state corporations to pay higher taxes or fees than in-state corporations.
Exception
States may exercise police power evenly and equally. Example: weighing all trucks on highways (in-state and out-of-state
NOT apply to states
Grand jury system for criminal indictment; jury requirement in civil trials.
Four general principles about civil liberties
1. No absolute rights — every right has limits; courts balance competing interests 2.
Contains five protections
Religion (two clauses), speech, press, assembly, petition.
Establishment Clause
Government cannot establish religion Free Exercise
Free Exercise Clause
Prohibits the government from restricting the free exercise of religion.