Test 5

Constitutional Law

A body of principles and rules either explicitly stated in

Federalism

A system of government in which the authority to govern is split between a single

Doctrine of Implied Powers

Powers that are not stated in the Constitution but are necessary for Congress to carry out other

Necessary and Proper Clause

Allows Congress to take actions not just specifically listed in the Constitution

Commerce Clause

Allows Congress to regulate not only interstate commerce

Bill of Rights

The first ten amendments to the Constitution

State Action Requirement

A court-imposed requirement that most constitutional protections apply only if a governmental entity is involved

Doctrine of Selective Incorporation

A constitutional doctrine through which selected provisions of the Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment

First Amendment

Protects freedoms related to expression

Pure Speech

The use of spoken words to communicate information

Symbolic Speech

The use of physical actions

Obscenity

Written and pictorial materials relating to sexual activities that are not protected by the First Amendment

Fighting Words

Words generally expressed to incite hatred or violence from the target

True Threat

A statement that would cause the average person to fear imminent bodily harm

Hate Speech

Communication that expresses hatred or violence against a specific minority group or protected class

Time and Place Restrictions

Governmental restrictions that limit when and where free expression activities can take place

Overbreadth

A statute will be struck down as overbroad if it prohibits constitutionally protected activities

Vagueness

A statute will be struck down as void for vagueness if it is ambiguous

Free Exercise of Religion

Clause in the First Amendment that prohibits the government from preventing religious practices that do not violate general

Establishment of Religion

Clause in the First Amendment that restricts the government from establishing an official religion or supporting one religion over another

Due Process

The Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life

Procedural Due Process

The requirement that governments follow certain procedures when seeking to deprive people of life

Substantive Due Process

The requirement that governments not deprive anyone of life

Equal Protection

Fourteenth Amendment protection that ensures no state shall deny any person within its jurisdiction the equal protection of the laws

Rational Basis Test

A standard scrutiny test used to determine if a law is reasonably related to achieving a legitimate government purpose

Strict Scrutiny

The hardest test for a law to pass

Intermediate Scrutiny

A test between rational basis and strict scrutiny

Affirmative Action

Actions taken by governments and private entities to increase the number of people from selected groups (usually race or sex) in specific activities or fields