Constitutional Law

Bill of Rights

The first ten amendments to the U.S. Constitution.

Checks and Balances

Each branch has some ability to limit the powers of the other branches.

Commerce Clause

Provision in the U.S. Constitution that allows the federal government to regulate commercial activities with an impact on interstate commerce and foreign commerce.

Commercial Speech

Speech by businesses used to promote the business; advertising is an example.

Corporate Political Speech

Term given to speech of business related to political candidates or issues; given First Amendment protection.

Disparate Treatment

In discrimination law, the application of different rules or standards to people of different races, genders, or national origins.

Eminent Domain

The taking of private property by a government entity for a public purpose, with compensation paid to the owner.

Equal Protection

Constitutional right of all citizens to be treated in the same manner, regardless of sex, race, religion, or national origin.

Executive Branch

The portion of the federal government that consists of the President and the administrative agencies; it enforces the laws.

Judicial Branch

The branch of the federal government that consists of all levels of federal courts; its function is to interpret the laws.

Just Compensation

Principle that requires the government entity taking private property to pay the owner a fair amount.

Legislative Branch

At the federal level, consists of Congress (the Senate and the House of Representatives) and is responsible for making laws.

Nexus

Connection; a term used in constitutional analysis of the authority to tax, requiring a sufficient connection between the business and the taxing state.

Police Power

The authority given to states to regulate the health, safety, and welfare of their citizens.

Preemption

Provides that federal law will override conflicting state law if preemption was intended by the federal government.

Procedural Due Process

Constitutional protection that requires the government to give notice and the opportunity to be heard before it takes action.

Separation of Powers

Authority for various governmental functions is divided among the three branches of government.

Substantive Due Process

Constitutional protection of the liberties of individuals.

Supremacy Clause

The U.S. Constitution is the supreme law of the land, and any law that conflicts with it is void.

U.S. Constitution

Creates the federal government’s structure and protects private citizens’ rights from government interference.