Key Vocabulary from Constitutional Law Topics

A collection of flashcards focused on key constitutional law terms and concepts to aid in understanding and retention for exam preparation.

Constitutional interpretation

The process of determining the meaning and implications of the Constitution.

Framers

The individuals who attended the Constitutional Convention and drafted the Constitution.

Judicial Review

The power of the courts to evaluate the constitutionality of legislative acts and executive actions.

Eighth Amendment

Part of the Bill of Rights that prohibits cruel and unusual punishments.

Commander in Chief

The President's role as supreme leader of the military, defined in Article II, Section 2 of the Constitution.

Federalist Papers

A series of essays promoting the ratification of the United States Constitution.

Natural law

A theory asserting that certain rights are inherent by virtue of human nature.

Supreme Court

The highest court in the United States, which has the ultimate authority on constitutional matters.

Cruel and unusual punishment

Punishments that are considered inhumane or degrading and are prohibited by the Eighth Amendment.

Equal Protection Clause

Section of the Fourteenth Amendment that provides that no state shall deny to any person the equal protection of the laws.

Original jurisdiction

The authority of a court to hear a case for the first time, as opposed to on appeal.

Writ of Mandamus

A court order instructing a party to execute a particular action.

Judiciary Act of 1789

Legislation that established the federal judiciary system, including the Supreme Court.

Fourteenth Amendment

Constitutional amendment addressing citizenship rights and equal protection under the law.

Constitutional convention of 1789

A gathering that drafted the United States Constitution.

Justiciability

The appropriateness of a subject matter for judicial review.

Political question doctrine

A principle that courts will not hear cases that are better resolved by the political branches of government.

Separation of powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Checks and balances

A system that ensures that political power is not concentrated in one branch of government.

Standing

The legal right to initiate a lawsuit, requiring a party to demonstrate sufficient connection to the law or injury.

Bicameralism

A legislative body having two branches or chambers.

Legislative intent

The purpose or goals that the legislature had in mind when enacting a law.

Constitutional amendments

Official changes or additions to the Constitution.

Counter-majoritarian difficulty

The challenge of having unelected judges make decisions that can override the will of the majority.

Executive privilege

The right of the president to keep certain communications private.

De facto

Existing in fact, but not by official recognition.

Amicus curiae

A person or group that is not a party in a case but offers information to assist the court.

Affirmative action

Policies that take factors including race, color, religion, sex, or national origin into consideration to benefit an underrepresented group in admissions.

Racial gerrymandering

The practice of drawing electoral district boundaries to favor one racial group over others.

Partisan gerrymandering

The manipulation of electoral district boundaries to favor a political party.

Public domain

An area of law whereby works are free for the public to use without permission or fees.

Legitimacy

The general belief that a regime has the right to rule, often deriving from fair and democratic processes.

Due process of law

Legal requirement that the state must respect all legal rights owed to a person.

Litigation

The process of taking legal action.

Oppression

Prejudice or harm inflicted systematically on a group by those in power.

Rights of minorities

The protections afforded to groups that are fewer in number compared to the majority.

Preamble

The introductory statement in a constitution that outlines the document's purpose.

Federal Government

The national government of the United States, comprised of three branches: legislative, executive, and judicial.

Sovereignty

The authority of a state to govern itself or another state.

Voter suppression

Strategies used to influence the outcome of an election by discouraging or preventing specific groups of people from voting.

Legislative intent

The purpose that lawmakers had in mind when they enacted legislation.

Executive orders

Directives issued by the President of the United States to manage the operations of the federal government.

Individual rights

Rights guaranteed to individuals by law, typically seen as fundamental and inalienable.