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LPP 255 (13)
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Chapter 4

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Syracuse University
Law & Public Policy
LPP 255

Chapter 4 • Police powers= state regulatory powers • “Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states” o Privileges and immunities clause  Prevents the state from imposing unreasonable burdens on citizens of another state • “Full faith and credit shall be given in each state to the public acts, record and judicial proceedings of every other state” o Full fait and credit clause  Applies to only civil matters  Ensures that rights established under deeds, wills, contracts and similar instruments in one state will be honored by other states  Ensures that judicial decisions with respect to such property rights will be honored and enforced in all states • Checks and balances= allows each branch to limit the actions of the other two branches, no branch having too much power o Legislative= enacts a law  Executive= vetoes it o Executive= responsible for foreign affairs  Senate= deals with treaties with foreign affairs o Judicial= power to hold actions of the other two branches unconstitutional  Congress= determines the jurisdiction of the federal courts  President= appoints federal judges • Commerce Clause= prevents states from establishing laws and regulations that would interfere with trade and commerce o National government has the power to regulate interstate commerce o States have no authority= “dormant” • Supremacy Clause= Constitution and treaties of the US are the “supreme law of the land” o Federal law vs. state law = state law is invalid  Concurrent powers= shared powers  Preemption= when Congress acts in an area where federal government and the states have concurrent powers • Bill of Rights, 10Amendments o 14 Amendment- “no state shall deprive any person of live, liberty or property without due process of law” • Freedom of Speech o Symbolic speech= gestures, movements, articles of clothing, other forms of expressive conduct  Protected o Commercial speech= primarily advertising and marketing made by business firms that involve only their commercial interests  Has restrictions, restriction will be considered valid if… • 1. Seeks to implement a substantial government interest • 2. Must directly advance that interest • 3. Go no further than necessary to accomplish its objective o Unprotected Speech  Violates criminal law • Threatening speech, pornography, fighting words  Defamation
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