Constitutional Law Midterm

Federalism

A system of government in which power is divided between national and state governments. Both have their own areas of authority.

Separation of Powers

The division of government into three branches (legislative, executive, judicial), each with distinct powers, to prevent any one branch from becoming too powerful.

Checks and Balances

Each branch of government can limit or check the powers of the others (e.g., the President can veto laws, Congress can override vetoes, courts can strike down laws).

Express (Enumerated) Powers

Powers explicitly listed in the Constitution (e.g., Congress’s power to tax, coin money, declare war).

Implied Powers

Powers not written in the Constitution but reasonably inferred from express powers, based on the Necessary and Proper Clause (Elastic Clause).

Exclusive Powers

Powers that only the federal government can exercise (e.g., declaring war, regulating interstate commerce).

Concurrent Powers

Powers shared by both the federal and state governments (e.g., taxing, establishing courts, enforcing laws).

Denied Powers

Powers forbidden to the federal or state governments (e.g., no ex post facto laws — laws punishing acts that were legal when committed).

Preemption*

When a federal law overrides or takes precedence over a conflicting state law due to the Supremacy Clause.

Original Jurisdiction

The authority of a court to hear a case first, before any other court (e.g., trial courts, or the Supreme Court in certain cases like state disputes).

Appellate Jurisdiction

The authority of a higher court to review and possibly change the outcome of a lower court’s decision.

Elastic Clause (Necessary and Proper Clause)

Found in Article I, Section 8 — gives Congress the power to make all laws “necessary and proper” to carry out its listed powers. Source of implied powers.

Commerce Clause

Gives Congress the power to regulate commerce among the states, with foreign nations, and with Native American tribes. Basis for much federal regulation.

Dormant Commerce Clause

Even when Congress hasn’t acted, states cannot pass laws that discriminate against or excessively burden interstate commerce.

Supremacy Clause

Establishes that the Constitution, federal laws, and treaties are the “supreme law of the land,” taking priority over state laws.

Jurisdiction

The legal authority of a court to hear a case.

Subject Matter Jurisdiction

Court’s power to hear a specific type of case (e.g., federal courts hear federal law cases).

Diversity Jurisdiction

Federal courts can hear cases between citizens of different states if the amount in controversy exceeds $75,000.

Personal Jurisdiction (In Personam)

Court’s power over the parties involved in the case.

Writ of Certiorari

An order from the Supreme Court to a lower court to send up the record of a case for review. It’s how most cases reach the Supreme Court.

Writ of Mandamus

A court order compelling a government official to perform a duty they are legally required to do.

Justiciability

Determines whether a court can hear a case. Includes: ripeness, mootness, standing

Ripeness

The case is ready for review (not premature).

Mootness

When the legal dispute has lost its practical significance, meaning a court's decision would have no actual effect

Standing

The party bringing the case must show a personal stake/injury in the outcome.

Affectation Doctrine

Under the Commerce Clause, Congress can regulate local activities that affect interstate commerce (from Wickard v. Filburn).

Penumbra

A zone of implied rights derived from explicit constitutional guarantees — for example, the right to privacy comes from the “penumbras” of several amendments (Griswold v. Connecticut).

DOMA (Defense of Marriage Act)

1996 law that defined marriage federally as between one man and one woman and allowed states to refuse to recognize same-sex marriages from other states.

→ Struck down in United States v. Windsor (2013) and fully invalidated by Obergefell v. Hodges (2015).

Affirmative Action / Equal Opportunity / Diversity

Policies designed to promote inclusion of historically underrepresented groups (based on race, gender, etc.) in education or employment — upheld if narrowly tailored to serve a compelling interest (Bakke, Grutter).

Civil Rights Act of 1964

Landmark law that banned discrimination based on race, color, religion, sex, or national origin in public places, employment, and education. Enforced under the Commerce Clause.

Brittany Maynard

A woman with terminal brain cancer who advocated for the right to die / physician-assisted suicide after moving to Oregon, where it was legal under the Death with Dignity Act — sparked national debate linked to Glucksberg and Cruzan.

Fourteenth Amendment

Guarantees citizenship, due process, and equal protection under the law. Basis for many civil rights and liberty cases (e.g., Brown v. Board, Roe, Obergefell).

Key Clauses

Due Process Clause, Equal Protection Clause

Due Process Clause

Protects life, liberty, property from unfair government action.

Equal Protection Clause

Prohibits unequal treatment by the government.

Fifth Amendment

Protects against self-incrimination, double jeopardy, and ensures due process in federal cases. Also includes the Takings Clause, requiring compensation for property taken by the government.