Key Terms
Result
Government has a hard time meeting this burden in practice. Most laws fail.
Separation of powers
Each branch of government plays a unique role; no branch holds all power.
Checks and balances
Each branch restrains the other two.
Definition
The government cannot restrict or censor speech BEFORE it is published or expressed.
Federalism
Division of power between federal and state governments.
Basis
Article I, Section 8 lists Congress's powers. All other powers are reserved to the states.
PURPOSE
To avoid tyranny; reflects Founders' distrust of central government; directly addresses failures of the Articles of Conf
Limits
State legislation must be reasonable and applied fairly, not arbitrarily. Cannot violate the US Constitution.
Main example
Taxation. Both federal and state governments can tax businesses and individuals.
Traditional rule
Buyers pay sales tax to the seller; seller collects and remits to government. Out-of-state sellers were not required to
Location
Article VI, Section 2
Rule
Government must treat people equally. Applies against both states and the federal government.
Purpose
Encourage travel and business between the states.
Practical effect for business
A court judgment won in one state can be ENFORCED in another state without relitigating the underlying issues.
Commerce Clause
Article I, Sec. 8; Congress's power to regulate interstate and foreign commerce.