Exam (elaborations)
MIE 305 Exam #2 – (114 Q’s and A’s)
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MIE 305 Exam #2 – (114 Q’s and A’s)
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MIE 305 Exam #2 – (114 Q’s and A’s)Articles of Confederation - -1st Constitution of the U.S. 1781-1788
(weaknesses-no executive, no judicial, no power to tax, no power to regulate
trade)
-Structure of the Constitution - -A document creating a form of government
resting on the principles of federalism and free enterprise. It is composed of
a preamble, 7 articles, and 27 amendments. It creates the federal
government with 3 distinct branches (legislative, executive, and judicial).It
creates a plan for allocating the regulatory powers of both federal and state
governments. It creates limitations on the role of the government in
regulating the lives of individuals.
-Difference between the Articles and the Amendments - -The Articles had
only one branch of government - the legislative branch. The Articles had
power concentrated at the state level, acting as a liaison between the central
government and the citizens. So, the Constitution moved towards
strengthening the central government.
-Subject matter of the Articles - -The legislative branch was created. It dealt
with a confederal power base with two levels of government - state and
federal. It led to a recession and depression then Shay's Rebellion.
-Separation of Powers - -Constitutional mandate that requires branches of
government, with each branch charged with performing certain functions
-Checks and Balances - -Under the Constitution, the process by which each
branch of government restrains the power of another branch
-Federalism - -Doctrine under which lawmaking is divided between a federal
government and a state government
-Police Powers - -Government powers, including the areas of public safety,
health, welfare, and morals, which are traditionally domains that are
regulated by state government
-Necessary and Proper Clause - -Constitutional clause that gives congress
the power to make all laws "necessary and proper" for executing its powers
-Commerce Clause - -Provision of the Constitution that empowers the
federal government with the ability to regulate interstate commerce
-Supremacy Clause - -Constitutional provision mandating that federal law is
superior to state law
, -Due Process - -Provisions of the Constitution that are associated with the
5th and 14th Amendment that prohibit the government from depriving an
individual or legal entity of life, liberty, or property without due process of
the law
-Procedural Due Process - -consists of: (1) notice that the government is
going to act and why, (2) a hearing before any governmental action takes
place so that the individual or entity with the right has an opportunity to be
heard, and (3) an ability to appeal the determination made at the hearing
-Substantive Due Process - -deals with fairness - the rational basis test is
used to determine if the government acted in a fair manner
-Dormant Commerce Clause - -Judicially-created doctrine that forbids states
from acting in a manner that unreasonably impedes commerce among the
states
-State Action - -Constitutional protections embedded in selective provisions
of amendments to the Constitution that apply only to instances where the
government has acted
-Political Speech - -Entitled to the greatest protection of all speech, it
includes speech associated with matters of public interest
-Commercial Speech - -Speech that relates to a business transaction (Some
commercial speech, primarily speech that misleads, receives no protection
from the First Amendment. Other types of commercial speech receive an
intermediate level of protection.)
-Takings - -Federal and state governments have the power of eminent
domain. In order for a society to grow and prosper, the government must be
able to claim land for public uses, including parks, roads, and government
buildings. A provision in the 5th Amendment guarantees that where the
government takes property for public use, the private owner is entitled to
just compensation. The notion of property extends beyond real property -
trade secrets and intangible property. The governmental action is broadly
define and must be for public use.
-Kelo v. City of New London - -The case that expanded the doctrine of
eminent domain resulted in many states rushing to implement new statutory
protections for landowners in their state as a way of attempting to protect
their state's residents from eminent domain abuse
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