Chapter 2: Constitutional Foundations of Criminal Procedure

Federalism

A compact/covenant between a centralized layer of government and a group of semi-autonomous and decentralized governments.

Commerce Clause

Allows Congress to use criminal statutes to regulate activities that substantially affect interstate commerce.

Supremacy Clause

Allows some federal standards to apply and govern state and local proceedings, found in Article IV of the Constitution

Necessary and Proper Clause

Expands the enumerated powers of Congress, found in Article 1 Section 8 of the Constitution

Affection Doctrine

Congress’ use of the Commerce Clause to expand its authority to regulate activities that substantially affect interstate commerce

Federal Question Doctrine

Allows federal courts to review the actions of state and local authorities, where such actions involve, and issue related to federal source of law.

Judicial Review

The power of the courts to review governmental actions for their constitutionality, and where these actions are inconsistent with the constitution, to declare them null and void.

Marbury v. Madison (1803)

The landmark Supreme Court Case that established judicial review.

What is an adversarial system?

A system where investigation is led by police, the judicial process is initiated by a prosecutor and there is minimal judicial involvement in early stages.