Constitutional Law Review: 8, 9, 10

A Bill

Proposed legislation presented for debate.

A Mark Up

Committee process to revise a bill.

A Bill

Proposed legislation presented for debate.

A Mark Up

Committee process to revise a bill.

Statute

Written law enacted by a legislative body.

Joint Resolution

Formal expression of congressional opinion.

Pocket Veto

Indirect veto by not signing or rejecting.

Bicameral Legislature

Two-chamber legislative system in Congress.

Membership Requirements

Age, residency, and term limits for Congress.

House of Representatives

Lower chamber with 2-year terms, 25 years old.

Senate

Upper chamber with 6-year terms, 30 years old.

17th Amendment

Direct election of senators by the people.

Leadership in Senate

Vice President serves as President of Senate.

Speaker of the House

Leader of the House of Representatives.

Gravel v. United States

Case involving speech and debate immunity.

Immunity from Civil Arrest

Protection from civil arrest during legislative duties.

Gibbons v. Ogden

Case defining interstate commerce powers.

Commerce Clause

Congressional power to regulate interstate commerce.

Wickard v. Filburn

Expanded interpretation of the Commerce Clause.

U.S. v. Lopez

Limited Congress's commerce power scope.

Necessary and Proper Clause

Allows Congress to pass laws for execution.

Electoral College

System for electing the President of the U.S.

Civil Liberties

Fundamental rights protected from government infringement.

Jacobson v. Massachusetts

Case on public health vs. individual liberty.

Massachusetts Smallpox Law

Mandates vaccination to protect public health.

Jacobson v. Massachusetts

Case where Jacobson refused vaccination.

Police Power of the State

State's authority to regulate for public safety.

Public Health Regulation

State can impose regulations for health protection.

Bill of Rights

First ten amendments to the U.S. Constitution.

Ratification Process

Debate over including a Bill of Rights.

James Madison

Chief architect of the Bill of Rights.

9th Amendment

Protects unenumerated rights of individuals.

Implied Liberties

Rights not explicitly listed in the Constitution.

Social Compact Theory

Constitution as a contract between people and government.

Civil Liberties

Rights protected from government infringement.

Natural Rights Theory

Rights inherent to individuals by nature.

Unalienable Rights

Rights that cannot be taken away.

Self-Evident Truths

Fundamental truths recognized without proof.

Constitutional Law

Body of law interpreting the Constitution.

Detainees Rights

Limited rights for detainees regarding bond.

Corporations as Persons

Legal status allowing corporations to have rights.

First Amendment Rights

Protects freedom of speech and campaign funding.

Human vs. Corporate Speakers

Distinction in rights between individuals and corporations.

Burwell v. Hobby Lobby

Case regarding corporate religious freedoms.

Rights Retained by the People

Rights not specifically listed but protected.

Hobby Lobby

Corporation's ability to exercise religious freedom.

14th Amendment

Applies Bill of Rights to states.

Incorporation Doctrine

Applies Bill of Rights to state laws.

Total Incorporation Doctrine

All Bill of Rights provisions applied to states.

Selection Doctrine

Only select Bill of Rights provisions applied.

1st Amendment

Totally incorporated under the 14th Amendment.

2nd Amendment

Totally incorporated; protects individual right to bear arms.

3rd Amendment

Not incorporated; no quartering of soldiers required.

4th Amendment

Totally incorporated; protects against unreasonable searches.

5th Amendment

Incorporated except for grand jury indictment.

6th Amendment

Totally incorporated; guarantees fair trial rights.

7th Amendment

Not officially incorporated; pertains to civil trials.

8th Amendment

Incorporated except for excessive bail.

Due Process

Legal proceedings respecting the 14th Amendment.

District of Columbia v. Heller

Affirms individual right to bear arms.

McDonald v. Chicago

2nd Amendment applies to states via 14th Amendment.

Rights Fundamental

Rights essential to nation's historical traditions.

Enumerated Powers

Limited government powers; inclusion implies all rights.

9th Amendment

Unenumerated rights retained by the people.

Griswold v. Connecticut

Established right to privacy in marital relations.

Penumbras

Shadows of rights implied by the Constitution.

Justice William O. Douglas

Authored opinion in Griswold v. Connecticut.

Civil Liberties

Rights protected from governmental infringement.

Minority Protection

Ensuring rights for disenfranchised individuals.

Freedom of Expression

Allows criticism of public officials and policies.

Marketplace of Ideas

Conflict interests compete openly in democracy.

Individual Expression

Essential for human health and well-being.

Factions

Isolated interests that can harm the common good.

Balanced Representation

Government must represent diverse interests fairly.

First Amendment

Protects freedom of speech, press, assembly, and petition.

Fisk v. Kansas

Case affirming freedom of press rights.

Denodo v. Oregon

Case regarding freedom of assembly and petition.

NWACP v. Alabama

Case on freedom of association rights.

Strict Scrutiny Standard

High standard for content-based speech regulations.

Lesser Scrutiny Standard

Lower standard for conduct-based regulations.

Non-verbal Expression

Includes symbols and gestures conveying messages.

Texas v. Johnson

Case protecting flag burning as political speech.

Compelling Governmental Interests

Narrowly tailored interests justifying speech restrictions.

Rational Basis

Standard for evaluating non-content based regulations.

Commercial Speech

Speech promoting commercial interests; subject to regulation.

Brandenburg v. Ohio

Established standard for threatening speech.

True Threat

Intentional threat causing harm to targeted individual.

18 USC Section 5C

Federal law addressing threats of violence.

Conduct vs. Content

Differentiates between speech regulation types.

Bedrock Principle

Government cannot prohibit unpopular speech.

Emotional Expression

Healthy outlet for individual feelings and emotions.

Subjective Intent

Prosecution must prove intent to threaten.

Offensive Speech

Speech that offends others without legal protection.

Hate Speech

Insulting or derogatory speech targeting individuals.

Defamation

False statement causing injury to reputation.

Slander

Verbal defamation causing injury.

Libel

Written defamation causing injury.

Public Figure

Notable individuals with public recognition.

Malaise

Legal standing in defamation for public figures.

Central Hudson Test

Test for regulating commercial speech.

Government Interest

Substantial interest justifying speech regulation.

US v. Alvarez

Case about false military award claims.