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Constitutional Law
50 flashcards
The three branches are the legislative (Congress), executive (President), and judicial (Supreme Court and federal courts).
The separation of powers is a model that separates the government into three branches (legislative, executive, judicial) to prevent any one branch from becoming too powerful.
Examples include the President's veto power over laws, Congress's power to override vetoes, and the Supreme Court's ability to rule laws unconstitutional.
The Bill of Rights refers to the first 10 amendments to the U.S. Constitution that outline specific rights and freedoms held by individuals.
The 1st Amendment protects freedoms of religion, speech, press, assembly, and petition.
The 4th Amendment protects against unreasonable searches and seizures by the government.
The 5th Amendment prohibits double jeopardy, compelled self-incrimination, and deprivation of life, liberty or property without due process.
The 14th Amendment guarantees equal protection under the law and due process for all citizens. It also defines citizenship.
Judicial review is the power of the courts to examine laws/official acts and rule whether they violate the Constitution.
The Commerce Clause gives Congress the power to regulate interstate commerce and economic activity across state lines.
Incorporation refers to the Supreme Court applying most provisions of the Bill of Rights to state governments via the 14th Amendment's Due Process Clause.
Substantive due process refers to the idea that the government cannot infringe on fundamental constitutional rights and liberties.
The establishment clause in the 1st Amendment prohibits the government from establishing an official religion or favoring one religion over others.
Free exercise of religion is the 1st Amendment right that prevents the government from interfering with religious practices.
The 2nd Amendment protects the right of individuals to keep and bear arms.
Free speech rights include the freedom of expression, freedom of the press, and the right to assemble peaceably and petition the government.
The 6th Amendment guarantees rights in criminal prosecutions such as a speedy trial, impartial jury, assistance of counsel, and cross-examination of witnesses.
Strict scrutiny is the highest level of judicial review, applied when a law implicates a fundamental right or discriminates based on a suspect class.
The 8th Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.
Enumerated powers refer to the powers specifically granted to the federal government by the Constitution.
The Supremacy Clause establishes that the Constitution, federal laws, and treaties are the supreme law of the land.
Federalism is the division of power between federal and state governments, with some powers shared and some reserved for each.
The 10th Amendment states that powers not granted to the federal government are reserved for the states or the people.
The Taxing and Spending Clause gives Congress the power to levy taxes to pay debts and provide for the common defense and general welfare.
The Necessary and Proper Clause allows Congress to make laws necessary and proper for carrying out its enumerated powers.
Executive privilege allows the President to withhold information from disclosure for reasons of national security or confidentiality.
The President has the power to grant pardons for federal crimes, except in cases of impeachment.
Federal judges, including Supreme Court Justices, are nominated by the President and confirmed by the Senate with a majority vote.
Original jurisdiction refers to the Supreme Court's ability to hear cases first, before they go through lower courts.
The Electoral College is the group of electors who formally cast votes to elect the President and Vice President based on states' popular votes.
Equal protection refers to the 14th Amendment's guarantee that no state shall deny any person equal protection under the law.
De jure discrimination refers to discrimination codified in law, while de facto discrimination refers to actual discrimination in practice.
A suspect classification refers to characteristics like race, national origin, or religion that trigger strict scrutiny when used to discriminate.
Content-based restrictions target the subject matter of speech, while content-neutral restrictions regulate the time, place, and manner of expression.
The clear and present danger test allows speech to be restricted if it presents an imminent threat of lawless action.
The Lemon test evaluates whether a law has a secular purpose, primary effect that neither advances nor inhibits religion, and avoids excessive entanglement with religion.
Procedural due process deals with fair procedures, while substantive due process protects certain fundamental rights from government interference.
Selective incorporation is the doctrine by which the Supreme Court applied provisions of the Bill of Rights to the states through the 14th Amendment.
The Contract Clause prohibits states from passing any law impairing the obligation of existing contracts.
Gerrymandering refers to the manipulative practice of drawing district boundaries for an unfair political advantage.
Prior restraint refers to government actions that prevent speech or publication before it happens, which faces a heavy presumption against its constitutionality.
Commercial speech refers to advertising and other speech that proposes a commercial transaction, which receives less First Amendment protection.
The 14th Amendment establishes that all persons born in the U.S. are citizens, establishing the doctrine of birthright citizenship.
Substantive due process protects fundamental rights like the right to privacy, right to marry, and other unenumerated rights.
Rational basis is the lowest level of scrutiny, while strict scrutiny is the highest level applied to laws implicating fundamental rights.
Eminent domain refers to the government's power to take private property for public use, with just compensation paid to owners.
The ex post facto clause prohibits laws that retroactively make acts criminal that were legal when committed.
Congress has broad authority to tax for the general welfare, not just limited to income, excises, duties or imposts.
Civil procedure governs non-criminal legal disputes between parties, while criminal procedure covers laws and rules for prosecuting crimes.
Mens rea refers to the mental state or level of culpability required to be guilty of a particular crime.