We the People: Constitutional Law Overview

Flashcards covering key terms and concepts from the lecture on constitutional law.

The Declaration of Independence

A document asserting the independence of the colonies from British rule, adopted in 1776.

The Articles of Confederation

The first constitution of the United States, ratified in 1781, which provided for a weak federal government.

The Constitution

The supreme law of the United States, adopted in 1787 and ratified in 1789, consisting of a preamble and seven articles.

Necessary and Proper Clause

Article I, Section 8, clause 18, grants Congress the power to create laws necessary for executing its powers.

3/5 Compromise

A historical agreement allowing states to count three-fifths of their enslaved population for taxation and representation.

Supremacy Clause

Article VI clause stating that the Constitution and federal laws take precedence over state laws.

Judicial Review

The power of courts to decide the constitutionality of legislative acts and executive actions, established in Marbury v. Madison.

Standing

The legal right to initiate a lawsuit, requiring that the party has a vested interest in the outcome.

Commerce Clause

Article I, Section 8 provision granting Congress the power to regulate commerce among the states and with foreign nations.

Dormant Commerce Clause

The principle that states cannot interfere with interstate commerce, due to Congress's exclusive regulatory authority.

Federal Preemption

The principle that federal law takes precedence over state law when there is a conflict.

Amendment Process

The procedure for altering the Constitution, involving proposals by Congress or state conventions and ratification by states.

Full Faith and Credit Clause

Article IV provision requiring states to recognize the public acts, records, and judicial proceedings of other states.

Case or Controversy requirement

A constitutional requirement that limits the jurisdiction of federal courts to actual disputes between parties.

Article I

Part of the Constitution that outlines the legislative branch and its powers, focusing on Congress.

Article II

Part of the Constitution that establishes the executive branch, including the powers and duties of the President.

Article III

Part of the Constitution establishing the judicial branch and the Supreme Court.