Constitutional Law Review

These flashcards cover key concepts in Constitutional Law including definitions, clauses, rights, and judicial tests.

Constitutional Law

A body of principles and rules explicitly stated in, or inferred from, the United States Constitution.

Federalism

A system of government in which authority is split between a central government and regional governments.

Doctrine of Implied Powers

Powers that are not stated in the Constitution but are necessary for Congress to carry out expressly granted powers.

Necessary and Proper Clause

Allows Congress to take actions not specifically listed in the Constitution, but related to carrying out its powers.

Commerce Clause

Allows Congress to regulate interstate commerce and activities that affect interstate commerce.

The Bill of Rights

The first ten amendments to the United States Constitution that guarantee individual rights.

Right to an Attorney

A constitutional guarantee that a person has the right to legal counsel.

Protection Against Unreasonable Searches

A constitutional protection against invasive search and seizure by the government.

Doctrine of Selective Incorporation

A doctrine that applies selected provisions of the Bill of Rights to the states via the Fourteenth Amendment.

Freedom of Expression

Includes provisions of the First Amendment that protect individuals' ability to inform and influence others.

Obscenity

Written and pictorial materials not protected by the First Amendment due to a lack of socially redeeming value.

Fighting Words

Words that incite hatred or violence from the target, thus not protected by the First Amendment.

True Threat

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

Due Process Clause

Fifth and Fourteenth Amendments' provisions that prohibit deprivation of life, liberty, or property without proper legal procedures.

Procedural Due Process

The requirement that the government follow certain procedures before depriving a person of life, liberty, or property.

Substantive Due Process

The principle that protects individuals from arbitrary or unreasonable laws that infringe on their rights.

Equal Protection Clause

A provision in the Fourteenth Amendment requiring states to provide equal protection to all persons.

Rational Basis Test

A standard in judicial review to determine if laws are reasonably related to a legitimate government purpose.

Strict Scrutiny

The highest standard of judicial review that requires laws to serve a compelling governmental interest.

Intermediate Scrutiny

A standard of review used to evaluate laws that discriminate based on sex, requiring substantial relation to an important government objective.

Affirmative Action

Actions to increase the participation of selected groups in various fields, not to be confused with illegal quota systems.

intermediate scrutiny

Is the law being challenged substantially related to an important governmental objective?

strict scrutiny

Is the law being challenged necessary to achieve a compelling government interest? (2) Is the law being challenged the least restrictive means available?

rational basis

Is the law being challenged reasonably related to achieving a legitimate government purpose?

equal protection claim

the state, through the challenged statute, affords different   treatment to similarly situated groups of individuals; and the statute does not withstand scrutiny under the equal protection clause.