BLAW 371 - EXAM 2 (CHPT 4, 17, 19) STUDY GUIDE
2026
Amend - Answers -make minor changes in order to make it fairer, more accurate, or
more up-to-date
Ratify - Answers -sign or give formal consent to (a treaty, contract, or agreement),
making it officially valid
Commerce Clause - Answers -Article I, Section 8, Clause 1: Gives Congress the right
to regulate interstate commerce between states. Gibbons vs. Ogden expanded this
power to regulate all activities that "substantially affect" interstate commerce. This
provision has had a greater impact upon business than any other part of the
constitution.
Necessary and Proper Clause - Answers -Article I, Section 8, Clause 3: Constitution
lists specific Congressional powers and grants; Power "to make all Laws which shall be
necessary and proper for carrying into Execution the forgoing Powers..."; This power,
with the Commerce Clause, provides strong Congressional control of commerce; Most
things are necessary and proper.
(Gibbons vs. Ogden)
Gibbons vs. Ogden case - Answers -dealt with a transportation monopoly on the
Hudson River (gives power to the Supreme Court)
Does Necessary and Proper Clause expand or restrict Congress's powers? - Answers -
EXPANDS Congress's power
Bill of Rights - Answers -First 10 amendments to the Constitution
First Amendment - Answers -Freedom of speech, religion, and press
Wickard vs. Filburn - Answers -Federal controls on production of wheat: Farmer Filburn
produced 239 bushels more than he was allowed -- sold none. He was fined and
ordered not to plant more. Filburn argued that production was used to feed his chickens
and cows for making bread - all consumed on the farm - No commerce. HELD: Although
this appears to be "intrastate" and "trivial," all small farmers together would impact
"interstate commerce" and "market conditions." Congress may regulate all production.
McCulloch vs. Maryland - Answers -Can Congress establish a National Bank? COURT
HELD: Yes, it is constitutional under the Necessary and Proper Clause. Maryland
wanted to regulate the National Bank. COURT HELD: No, under the Supremacy
Clause, Congress has the power.
, Checks and Balances - Answers -A system that allows each branch of government to
limit the powers of the other branches in order to prevent abuse of power
commercial speech - Answers -Communication in the form of advertising. It can be
restricted more than many other types of speech but has been receiving increased
protection from the Supreme Court.
Citizens United v. Federal Election Commission - Answers -A 2010 landmark Supreme
Court case that ruled that individuals, corporations, and unions could donate unlimited
amounts of money to groups that make independent political expenditures.
Protected Speech - Answers -speech that government may not prohibit or punish under
the First Amendment guarantee of "freedom of speech"
Unprotected Speech - Answers -Libel, obscenity, fighting words, and commercial
speech, which are not entitled to constitutional protection in all circumstances.
Libel - Answers -A written defamation of a person's character, reputation, business, or
property rights.
Fourth Amendment - Answers -prohibits unreasonable searches and seizures of
persons or property
privacy rights - Answers -of or pertaining to an individual's right to prohibit personal
information from being divulged to the public
self-incrimination - Answers -The situation occurring when an individual accused of a
crime is compelled to be a witness against himself or herself in court. The Fifth
Amendment forbids self-incrimination.
Due Process - Answers -fair treatment through the normal judicial system, especially as
a citizen's entitlement.
expectation of privacy - Answers -Katz vs. US (Katz Call) A persons right to privacy
exists when 1. a person exhibits actual expectation of privacy (subjective) and 2. The
expectation must be one that society is willing to accept as reasonable. (objective)
Fifth Amendment - Answers -Due Process rights, prohibits self-incrimination
eminent domain - Answers -the right of government to take private property for public
use
Supremacy Clause - Answers -Federal law is supreme over state law
Equal Protection - Answers -the equal application of the law regardless of a person's
race, religion, political beliefs, or other qualities
2026
Amend - Answers -make minor changes in order to make it fairer, more accurate, or
more up-to-date
Ratify - Answers -sign or give formal consent to (a treaty, contract, or agreement),
making it officially valid
Commerce Clause - Answers -Article I, Section 8, Clause 1: Gives Congress the right
to regulate interstate commerce between states. Gibbons vs. Ogden expanded this
power to regulate all activities that "substantially affect" interstate commerce. This
provision has had a greater impact upon business than any other part of the
constitution.
Necessary and Proper Clause - Answers -Article I, Section 8, Clause 3: Constitution
lists specific Congressional powers and grants; Power "to make all Laws which shall be
necessary and proper for carrying into Execution the forgoing Powers..."; This power,
with the Commerce Clause, provides strong Congressional control of commerce; Most
things are necessary and proper.
(Gibbons vs. Ogden)
Gibbons vs. Ogden case - Answers -dealt with a transportation monopoly on the
Hudson River (gives power to the Supreme Court)
Does Necessary and Proper Clause expand or restrict Congress's powers? - Answers -
EXPANDS Congress's power
Bill of Rights - Answers -First 10 amendments to the Constitution
First Amendment - Answers -Freedom of speech, religion, and press
Wickard vs. Filburn - Answers -Federal controls on production of wheat: Farmer Filburn
produced 239 bushels more than he was allowed -- sold none. He was fined and
ordered not to plant more. Filburn argued that production was used to feed his chickens
and cows for making bread - all consumed on the farm - No commerce. HELD: Although
this appears to be "intrastate" and "trivial," all small farmers together would impact
"interstate commerce" and "market conditions." Congress may regulate all production.
McCulloch vs. Maryland - Answers -Can Congress establish a National Bank? COURT
HELD: Yes, it is constitutional under the Necessary and Proper Clause. Maryland
wanted to regulate the National Bank. COURT HELD: No, under the Supremacy
Clause, Congress has the power.
, Checks and Balances - Answers -A system that allows each branch of government to
limit the powers of the other branches in order to prevent abuse of power
commercial speech - Answers -Communication in the form of advertising. It can be
restricted more than many other types of speech but has been receiving increased
protection from the Supreme Court.
Citizens United v. Federal Election Commission - Answers -A 2010 landmark Supreme
Court case that ruled that individuals, corporations, and unions could donate unlimited
amounts of money to groups that make independent political expenditures.
Protected Speech - Answers -speech that government may not prohibit or punish under
the First Amendment guarantee of "freedom of speech"
Unprotected Speech - Answers -Libel, obscenity, fighting words, and commercial
speech, which are not entitled to constitutional protection in all circumstances.
Libel - Answers -A written defamation of a person's character, reputation, business, or
property rights.
Fourth Amendment - Answers -prohibits unreasonable searches and seizures of
persons or property
privacy rights - Answers -of or pertaining to an individual's right to prohibit personal
information from being divulged to the public
self-incrimination - Answers -The situation occurring when an individual accused of a
crime is compelled to be a witness against himself or herself in court. The Fifth
Amendment forbids self-incrimination.
Due Process - Answers -fair treatment through the normal judicial system, especially as
a citizen's entitlement.
expectation of privacy - Answers -Katz vs. US (Katz Call) A persons right to privacy
exists when 1. a person exhibits actual expectation of privacy (subjective) and 2. The
expectation must be one that society is willing to accept as reasonable. (objective)
Fifth Amendment - Answers -Due Process rights, prohibits self-incrimination
eminent domain - Answers -the right of government to take private property for public
use
Supremacy Clause - Answers -Federal law is supreme over state law
Equal Protection - Answers -the equal application of the law regardless of a person's
race, religion, political beliefs, or other qualities
