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Equal Protection Clause
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A cause in the 14 amendment that generally requires the government to treat people equally the outcome of cases can generally be predicted by knowing which group it is in:
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Equal Protection Clause
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minimum scrutiny: economic and social relations, intermediate scrutiny: gender, and strict scrutiny: race, ethnicity , and fundamental rights.
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minimal scruntity
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the government actions that classify people or corporation on these bases are almost always upheld
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intermediate scrutiny
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the government classifications are sometime upheld
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strict scrutiny
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classifications based on any of these are almost never upheld
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pg 125
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2.Stare Decisis
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let the decision stand, that is the ruling from a previous case. Pg 78
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3.Freedom of Information Act
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it is designed to give all of us, citizens, businesses, and organizations alike access the information that federal agencies are using. The idea is to to avoid a government by secrecy. Pg 98
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4.Commerce Clause
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the part of article 1 Section 8 that gives Congress the power to regulate commerce with foreign nations and among states. page 107
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5.Supremacy Clause
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states that the constitution and the federal statues in treaty shall be in the supreme law of the land.
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Supremacy Clause
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if there is a conflict between federal in state statues the federal law preempt the field meaning control of the issues.
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Supremacy Clause
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even in cases where there is no conflict if Congress demonstrates that it intends to exercise and exclusive control over an issue federal law preempt page 109
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6.Congressional Veto Override
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when the president vetoes a bill, Congress has one last chance to make it a law and override. If two houses repass the bill by each by a 2/3 margin it will become a law over the president's veto.
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7.By Stander Law
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Bystander's obligations you have no duty to assist someone in peril unless you created the danger pg.79
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8.Limitations on Federal Agency Power
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Statutory ,Political ,Judicial
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And Informational
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9.Government Regulation of Speech
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Government may regulate the time, place, and manner of protected speech
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10.Subpoena duces tecum
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requires the person to appear and bring specified documents. Must be relevant to lawful agency investigations, must not be unreasonably burdensome, and must not be privileged
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11.Bill of Rights
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in has 1791 the 1st 10 amendments known as the _________- were added to the constitution guaranteeing any liberties directly to an individual citizen page 106
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12.Judicial Review
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Power of federal courts to declare a statute or governmental action unconstitutional and void.
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◦ Judicial activism: A court's willingness to decide issues on constitutional grounds
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◦ Judicial restraint
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A court's attitude that it should leave law making to legislators
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13.Administrative Procedures Act
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14.Executive agency
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the presidents have much greater control for the simple reason that they can fire the agency head at any time. and executive agency will seldom diverge far from the president preferred policies.
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Executive agency
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example of these agencies are the internal revenue, the Federal Bureau of investigation, the food and administration, and Nuclear Regulatory Commission.
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Independent Agencies
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the president has no such removal power over it. The Federal Communications of Commission is an independent agency they have more day-to-day influence on their business than Congress, the courts, and president combine.
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Independent agency
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examples of powerful independent agencies are the Federal Trade Commission, the security and Exchange Commission, the National Labor Relations board, and the Environmental Protection Agency. Pg 90
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15.Administrative Agency Rules
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91
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16.Doctrine of Preemption
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first to a higher authority of law will be displaced by law of lower authority of law then the two authorities come to a conflict
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17.Burning the American Flag Case
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pg 114
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18.Equal Protection and Scrutiny
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Equal protection clause: Requires the government to treat people equally
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19.Civil Rights Act of 1964
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title VII of the summer rights act obviously prohibit an employer from saying to a job applicant we don't hire minorities. it outlawed overt discrimination pg 86
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Administrative Procedures Act
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governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.
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Administrative Agency Rules
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legislative rules and interpretive rules
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legislative rules
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are the most important agency rules and they are much like statues. Here an agency creates laws by requiring businesses or private citizens to act a certain way.
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interpretive rules
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do not change the law they are the agency's interpretation of what the law already requires.