Video Lecture Notes: Constitution and Civil Liberties - Vocabulary Flashcards

Vocabulary flashcards covering key constitutional concepts from the lecture notes, including the structure of government, due process, equal protection, speech, commerce, and takings.

Preamble

The opening statement of the U.S. Constitution (We the People) outlining purposes: form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.

Constitution

The supreme law of the United States that establishes the framework of the federal government and its powers.

Congress

The legislative branch of the U.S. government, bicameral, consisting of the Senate and the House of Representatives.

Senate

Upper chamber of Congress; two senators per state; six-year terms; qualifications include at least 30 years old, nine years a citizen, and inhabitant of the state.

House of Representatives

Lower chamber of Congress; representation based on population; two-year terms; qualifications include at least 25 years old, seven years a citizen, and inhabitant of the state.

Apportionment

Distribution of House seats among the states according to population, determined by the decennial census.

Census

Enumeration of the population used to determine representation in Congress.

Enumerated powers

Powers explicitly granted to the federal government by the Constitution.

Federal system

Division of powers between national (federal) and state governments.

Judiciary (Article III)

The federal court system that interprets federal law and can review the constitutionality of laws and actions.

Means-End Test

A judicial framework to evaluate whether government action is justified by its ends and methods.

Substantive Due Process

Protection of fundamental rights (e.g., speech, religion, travel, bearing arms, voting) from government interference.

Procedural Due Process

Procedures (notices and hearings) that must accompany the deprivation of life, liberty, or property.

Due Process

The constitutional guarantee that laws are applied fairly, encompassing both substantive and procedural protections.

Equal Protection

Laws must treat similarly situated people alike; classifications are evaluated for constitutionality.

Strict Scrutiny

Highest level of review; government action must be necessary to achieve a compelling government interest (often used for race/national origin and fundamental rights).

Intermediate Scrutiny

Middle level of review; substantially related to an important government interest (often used for gender).

Rational Basis

Lowest level of review; action must be rationally related to a legitimate government interest.

Freedom of Speech

First Amendment right; regulation must be no more restrictive than necessary; categories include political, artistic, and commercial speech with varying protections.

Political Speech

Speech about politics/public issues; highest protection, often subject to strict scrutiny.

Non-commercial, non-political speech

Artistic or expressive speech; protected with strict scrutiny.

Commercial Speech

Speech related to commerce; regulated; non-misleading is protected (intermediate scrutiny) while misleading speech is not protected.

Commerce Clause

Constitutional provision giving Congress power to regulate commerce among the states; expanded to include activities that may impact interstate commerce.

Takings / Eminent Domain

When the government takes private property for public use; requires net public benefit, notice, a hearing, and payment of fair market value.

Net public benefit

The requirement that a government taking yields a benefit to the public that justifies the action.

Notice (Procedural Due Process Right)

Advance notification required before a taking or deprivation occurs.

Hearing (Procedural Due Process Right)

Opportunity for the owner to be heard before a taking or deprivation occurs.

Fair market value

Compensation paid to the property owner, equal to the property’s market value at the time of taking.