Python Exam 1

Originalism

Interprets the Constitution according to its original public meaning when adopted. Promotes consistency and limits judicial discretion, but historical meaning can be difficult to establish

Living Constitutionalism

Interprets constitutional principles in light of modern circumstances and evolving social values. Adapts the Constitution to change, but gives judges greater discretion.

Textualism

Interprets statutes based primarily on the ordinary meaning of their enacted words, read in context. Promotes predictability but may not fully account for a law’s broader purpose.

Purposivism

Interprets statutes in lights of their overall purpose and the problem the legislature intended to solve. Promotes coherent results but may give judges discretion to infer legislative intent.

Pragmatism

Considers the practical consequences of different legal interpretation alongside text and precedent. Can produce workable outcomes but risks allowing personal policy preferences to influence decisions

strict construction

interprets legal language narrowly, avoiding extensions beyond its clear wording. Limits judicial discretion but can overlook broader purposes

loose construction

interprets legal language broadly, considering context and purpose. Allows flexibility but may reduce predictability and increase judicial discretion.

Incorporation doctrine

Applies most Bill of Rights protections to state and local governments through the Fourteenth Amendments Due Process Clause

First Amendment

Begins with “Congress shall make no law” and protects religion, speech, press, assembly, and petition. Most protections also apply to state and local governments through incorporation

Legal question

a question about what the law means, or how it applies to a dispute that courts have authority to decide

political question doctrine

the principle that certain issues are inappropriate for courts because they are constitutionally assigned to another branch or lack manageable judicial standards

federal court system

three tiers: US district courts (trial courts), US courts of appeals (intermediate appeals) and the US Supreme Court

state courts system

Usually includes trial courts, intermediate appellate courts, and a state supreme court

controlling precedent

a prior decision that a court must follow because it comes from a higher court in the same judicial hierarchy and governs the issue

stare decisis

the principle that courts generally follow precedent to promote consistency and stability. The Supreme Court can overrule its own decisions.

Federal judges

nominated by the president and confirmed by the Senate; generally serve for life during good behavior

state judges

selected through varying systems, including elections, appointments, and merit selection

U.S. Supreme Court

highest authority on federal law and the final authority on the meaning of the U.S. Constitution

State supreme court

the highest authority on the meaning of state law, subject to the US Supreme Court’s authority over applicable federal law and constitutional issues

Due Process Clause

The Fifth Amendment restricts the federal government, and the Fourteenth Amendment restricts state governments, from depriving anyone of life, liberty or property without due process of law

Procedural due process

Requires fair procedures before government deprives someone of a protected interest, generally including notice and an opportunity to be heard

substantive due process

protects certain fundamental liberties from government interference, even when fair procedures are followed

fundamental right

a constitutionally protected liberty considered especially important and therefore subject to heightened protection against government interference

separation of powers

divides government authority among the legislative, executive, and judicial branches to prevent excessive concentration of power

judicial review

the power of courts to determine whether laws or government actions violate the constitution

supremacy clause

establishes that the Constitution and valid federal laws override conflicting state laws

constituiotnal question

a legal question about the Constitutions meaning or whether government action violates it

state action doctrine

Constitutional rights generally restrict government conduct, not purely private conduct

establishment clause

The First Amendment prohibits government establishment or impermissible sponsorship of religion

free exercise clause

protects individuals’ ability to practice their religion from unconstitutional government interference

burden on free exercise

government interference with religious practice; constitutionality depends on the law’s neutrality, general applicability and applicable scrutiny

Neutral and generally applicable law

a law that does not target religion and applies comparably to religious and secular conduct. Such laws generally receive less demanding review under the Free Exercise Clause

Religious accommodation

An adjustment allowing someone to observe religious beliefs, subject to applicable legal limits

government benefits and religious institutions

government generally cannot exclude otherwise eligible religious institutions from public benefits solely because of their religious character or activity when the Constitution requires equal treatment.

religious expression on government property

the government may not automatically suppress private religious expression because it is religious; the result depends on whether the government is speaking, facilitating private speech, or restricting expression

Masterpiece Cakeshop

A 2018 Supreme Court case involving a baker who refused to create a wedding cake for a same sex couple. The Court ruled for the baker because the state commission showed impermissible hostility toward, religion, without creating a general exemption from anti discrimination laws

Federal question jurisdiction

the authority of federal courts to hear qualifying cases arising under federal law or the U.S. Constitution. It explains why a state court dispute involving a federal constitutional question may reach the U.S. Supreme Court.

Freedom of speech

the First Amendment protects expression from government restriction, subject to recognized exceptions and context specific rules

private speech restriction

the First Amendment generally does not restrict private companies’ decisions to limit speech because constitutional protections ordinarily require government action

expressive conduct

conduct intended to communicate a message, such as wearing a protest armband; it can receive First Amendment protection

time, place, and manner restrictions

content neutral rules regulating when, where, or how speech occurs. They generally must serve a significant government interest, be narrowly tailored, and leave adequate alternative channels for communication.

compelled speech

government action requiring someone to express or endorse a message; it can violate the First Amendment

content based restirction

a government restriction based on a message’s subject or content; it generally triggers strict scrutiny

viewpoint discrimination

government favoring or punishing a particular perspective on an issue. It is generally unconstitutional

protected speech

expression covered by the First Amendment

incitement exception

speech may be punished as incitement when it is directed toward producing imminent lawless action and is likely to produce that action

fighting words

a narrow category of personally abusive words historically associates with provoking immediate violence; ordinary offensive speech does not automatically qualify

hate speech

expression expressing hostility toward a group. it is not automatically unprotected in the US; restrictions must satisfy applicable First Amendment rules

commercial speech

expression proposing a commercial transaction, such as advertising; receives First Amendment protection but generally less than political speech

Central Hudson test

The four part test for restrictions on commercial speech; the speech must concern lawful activity and not be misleading; the government must have a substantial interest; the restriction must directly advance that interest; and it must be no more extensive than necessary.

Political speech

expression about elections, candidates, public policy, or government affairs. It receives especially strong First Amendment protection

corporate personhood

the legal principle that corporation are separate legal entities with rights and responsibilities, including certain constitutional rights

independent expenditures

spending to advocate the election or defeat of a candidate without coordinating with the candidates campaign

money and speech

money is not literally speech, but spending enables political communication; restrictions on political spending can therefore burden First Amendment rights

Citizens United vs FEC

The Supreme Court held that the government generally cannot prohibit corporations and unions from making independent political expenditures based on their identity as corporate or union speakers

Equal Protection Clause

The Fourteenth Amendment requires states to provide equal protection of the laws. The Fifth Amendment's Due Process Clause imposes a similar equal-protection requirement on the federal government.

Government classification

A distinction in how the government treats people based on a characteristic. Courts apply different levels of scrutiny depending on the classification and right involved.

Intermediate scrutiny

The government must show a classification serves an important governmental objective and is substantially related to achieving it. Generally applies to sex-based classifications.

rational basis review

The government classification must be rationally related to a legitimate governmental interest. It is the most deferential level of scrutiny.

Race and national origin classifications

Government classifications based on race or national origin generally trigger strict scrutiny, whether intended to benefit or disadvantage a group.

Sex based classifications

government classifications based on sex generally trigger intermediate scrutiny

affirmative action

Policies intended to address underrepresentation or past discrimination. Their legality depends on context; race based government classifications face strict scrutiny, and race based university admissions programs are subject to significant constitutional limits

disparate treatment

intentional discrimination against an individuals because of a protected characteristic

disparate impact

a facially neutral policy disproportionately harms a protected characteristic; certain statues recognize these claims, but constitutional equal protection claims generally require discriminatory intent

discriminatory intent

a purpose to discriminate because of a protected characteristic; knowing that a neutral policy has a disparate impact does not automatically establish discriminatory intent

commerce clause

Article I gives Congress power to regulate commerce with foreign nation, among the states, and with native american tribes

Commerce Clause framework

Congress may regulate (1) channels of interstate commerce, (2) instrumentalities of interstate commerce and persons or things moving through it, and (30 activities that substantially affect interstate commerce

prosecutorial discretion

the executive branch’s authority to decide whether and how to enforce criminal laws, within legal and constitutional limits

take care clause

Article II requires the president to “take Care that the Laws be faithfully executed.”

Federalism

The constitutional division of power between the federal government and state governments

Tenth Amendment

Powers not delegated to the federal government or prohibited to the states are reserved to the states or the people

Police powers

States’ general authority to legislate for public health, safety, welfare, and moral

immigration power

primarily a federal responsibility, allowing the national government to establish and enforce a uniform immigration system

Primary sources of law

authoritative sources of law, commonly including constitutions, statutes, regulations, and judicial decisions

executive order

a presidential directive to the executive branch that must be grounded in constitutional or statutory authority and cannot override valid federal law

nondelegation doctrine

The principle that Congress cannot transfer its legislative power wholesale to another branch, although it may delegate rule making authority with adequate statutory guidance

tariff power

Congress has constitutional authority over tariffs and foreign commerce. The president may impose tariffs only within authority granted by the Constitution or statute.

Administrative agency

a government body, usually in the executive branch, created by statute to administer laws, issue rules, enforce requirements, or adjudicate certain disputes

administrative regulation

an agency rule issued under delegated statutory authority that can have binding legal effect if validly adopted

interpretive rule

an agency statement explaining how it understands an existing statute or regulation; generally does not independently create binding legal obligations

guidance document

an agency memo, letter, or other statement explaining its views or enforcement approach; generally cannot create new binding duties without proper legal authority and procedures

Administrative Procedure Act (APA)

Federal law establishing procedures for agency rule making and standards for judicial review of agency actions

notice and comment rule making

the process in which an agency published a proposed rule, accepts public comments, considers relevant comments and issues a final rule, subject ot statutory exceptions

judicial review of agency action

court review of whether an agency acted within its authority and followed required procedures, including whether its action was arbitrary, capricious, or otherwise unlawful

Necessary and Proper Clause

Article I authorizes Congress to enact laws necessary and proper for carrying out its enumerated powers, including creating agencies to administer valid federal programs

Employment at Will

the default rule allowing either an employer or employee to terminate employment at any time, with or without cause, unless prohibited by law or contract

adverse employment action

a materially negative employment decision, such as termination, refusal to hire, demotion, or certain harmful changes to compensation or working conditions

Title VII

Federal law prohibiting covered employers from discriminating against individuals because or race, color, religion, sex, or national origin. It prohibits disparate treatment, certain disparate impact practices, and retaliation.

But for causation

A standard asking whether an outcome would have occurred but for a particular factor; under Title VII, the protected characteristic must have made a difference to the challenged decision for a typical status based disparate treatment claim

protected class

a group or characteristic protected by a particular anti-discrimination law, such as race, religion, sex, national origin, disability or age

Quid pro quo sexual harassment

harassment in which employment benefits or decisions are conditioned on submission to or rejection of unwelcome sexual conduct

Hostile work environment

unwelcome, characteristic based conduct that is sufficiently severe or pervasive to alter employment conditions and create an abusive work environment

religious accommondation

a reasonable adjustment allowing an employee to observe religious practices unless the accommodation would impose an undue hardship under the applicable legal standard

retaliation

adverse action against someone for engaging in legally protected actvity

Prima facie case

an initial showing of facts sufficient to support an inference of discrimination under the applicable legal framework

pretext

a purported legitimate reason for an employment decision that is false or a cover for unlawful discrimination

Business necessity

a justification requiring an employer to show that a challenged practice causing disparate impact is job related and consistent with business necessity

reverse discrimination

an informal term for alleged discrimination against members of a majority or historically advantaged group

Equal Pay Act

Generally requires equal pay for men and women performing substantially equal work in the same establishment, subject to statutory defenses

Pregnancy Discrimination Act

Prohibits discrimination because of pregnancy, childbirth, or related medical conditions and generally requires comparable treatment to employees similar in their ability or inability to work