Key Terms
Separation of powers
Each branch of government plays its own unique role; no single branch holds all power.
Checks and balances
Each branch restrains the power of the other two.
Federalism
Separation of power between federal and state governments. Congress has specific granted powers; all other powers are re
Express preemption
Congress explicitly states its intent to regulate an area completely. State law in that area is void.
Implied preemption
Congress does not say so explicitly, but passes laws that "occupy the field" so thoroughly that no room for state regula
Concurrent regulation
Both federal and state governments may regulate the same area together. Example: consumer protection law.
Definition
Prohibits formal censorship BEFORE publication of speech. Government cannot restrict speech before it is expressed.
FULL TEXT SUMMARY
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridgi
Establishment Clause
Government cannot establish any religion. Free
Exercise Clause
Government cannot restrict the free exercise of religion.
Tension between them
Conflict arises when individuals practice religion openly on government property (public schools, city halls).
Test applied
Public funds for religious purposes and public display of religious life are generally acceptable as long as the PRIMARY
CORPORATIONS AND RELIGION
Congress defined "persons" to include corporations, companies, associations, firms, partnerships, societies, and joint s
Highest protection
POLITICAL SPEECH
Middle protection
COMMERCIAL SPEECH