Constitutional Law – Final Review Vocabulary Flashcards

A comprehensive set of vocabulary flashcards summarizing key Constitutional Law doctrines, powers, and individual-rights principles from the final review outline.

Article III

Constitutional article that creates the federal judiciary, mandates a Supreme Court, and allows Congress to establish lower courts and limit their jurisdiction.

Cases and Controversies

The requirement that federal courts hear only actual, live disputes listed in Article III (e.g., arising under federal law, disputes between states).

Judicial Review

Judicial power to declare acts of Congress, the executive, or state governments unconstitutional and to review state-court decisions for federal conformity.

Eleventh Amendment

Jurisdictional bar that generally prohibits citizens of one state from suing another state in federal court and immunizes states from federal suits for damages.

Exceptions to the Eleventh Amendment

Consent, suits for prospective injunctive or declaratory relief, damages paid by state officers, and valid congressional abrogation under the 13th, 14th, or 15th Amendments.

Standing

A plaintiff’s threshold burden to show injury in fact, causation, and redressability before a federal court may hear the claim.

Injury in Fact

Concrete and particularized harm (actual or imminent) suffered by the plaintiff, not a generalized grievance.

Causation (Standing)

The plaintiff’s injury must be fairly traceable to the defendant’s challenged conduct.

Redressability

A favorable court decision will likely remedy or prevent the plaintiff’s injury.

Prudential Standing

Judicially created limits requiring the plaintiff to be the proper party to press the claim and not merely raise another’s rights.

Taxpayer Standing

Generally unavailable, except a taxpayer may (1) challenge her own tax bill or (2) allege that a congressional expenditure violates the Establishment Clause.

Third-Party Standing

Permitted when a close relationship exists, the third party is hindered from suing, and denying standing would risk dilution of the right.

Organizational Standing

An organization may sue on behalf of its members if they could sue individually and the issue is germane to the group’s purpose.

Legislative Standing

Individual legislators usually lack standing to challenge laws they opposed; the legislative body may sue only for institutional injuries.

Ripeness

Doctrine barring review of claims brought too early—before an actual or imminent injury has occurred.

Mootness

Doctrine dismissing cases in which the controversy has ended, unless the dispute is capable of repetition yet evading review or the defendant voluntarily ceases the challenged conduct.

Capable of Repetition Yet Evading Review

Exception to mootness for short-lived controversies likely to recur against the same plaintiff but end before appellate review.

Advisory Opinion

Prohibited federal court pronouncement on a hypothetical dispute lacking an actual case or controversy.

Declaratory Judgment

Permitted judgment defining legal rights where a real and immediate threat to a party exists, without awarding damages or injunctive relief.

Political Question Doctrine

Rule that certain constitutional issues are non-justiciable because textually committed to another branch or lacking judicially manageable standards.

Pullman Abstention

Federal court postpones a constitutional ruling when a state-law clarification by state courts could obviate the federal issue.

Younger Abstention

Federal court refrains from enjoining ongoing state criminal (or certain civil) proceedings absent bad faith, harassment, or an invalid statute.

Burford Abstention

Federal court abstains to avoid interfering with complex state administrative or regulatory schemes of substantial public concern.

Colorado River Abstention

Federal court may stay or dismiss when a parallel, substantially similar suit is already pending in state court.

Commerce Clause Power

Congress may regulate the channels, instrumentalities, and activities (even intrastate) that substantially affect interstate commerce.

Aggregation Principle

When regulating economic activity, Congress may consider the cumulative impact of intrastate conduct on interstate commerce.

Taxing Power

Congress may impose taxes so long as the tax bears a reasonable relationship to raising revenue or regulating under an enumerated power.

Spending Power

Congress may spend for the general welfare and attach conditions to funds, provided the conditions are clear, related, not coercive, and constitutional.

Unconstitutional Conditions Doctrine

Government may not condition a benefit on the waiver of a constitutional right unless the condition passes heightened scrutiny.

Necessary and Proper Clause

Allows Congress to enact laws instrumental to executing its enumerated powers or those of any other branch; not an independent power.

Property Power

Congress’s authority to dispose of or regulate federal property; taking private property requires public use and just compensation.

Plenary Power over Noncitizens

Congress’s broad authority to regulate immigration and naturalization, limited by Fifth Amendment due process.

Thirteenth Amendment Enforcement

Congress may legislate to abolish slavery and eradicate racial discrimination, including regulating private conduct.

Fourteenth Amendment Enforcement

Congress may enact laws to remedy or prevent state violations of due process and equal protection but may not expand substantive rights.

Fifteenth Amendment Enforcement

Empowers Congress to protect against racial discrimination in voting by state or federal governments.

Presidential Pardon Power

President may pardon or commute sentences for federal offenses (not state crimes or impeachments) after the offense occurs.

Pocket Veto

If the President takes no action on a bill within 10 days and Congress adjourns, the bill fails without a veto override possibility.

Appointment Power

President appoints U.S. officers with Senate advice and consent; Congress may vest appointment of inferior officers in the President, courts, or heads of departments.

Removal Power

President may generally remove executive officers without cause unless Congress limits removal for certain independent agencies.

Commander in Chief

President’s authority to direct military forces; Congress alone declares war and may limit actions through funding.

Treaty Power

President negotiates treaties that become supreme federal law when ratified by two-thirds of the Senate and consistent with the Constitution.

Executive Agreement

International agreement made by the President alone; overrides conflicting state law but yields to federal statutes or treaties.

Impeachment

House accuses by majority vote; Senate convicts by two-thirds vote, leading to removal and possible disqualification from office.

Legislative Veto

Congressional attempt to overturn executive action without bicameralism and presentment; unconstitutional separation-of-powers violation.

Intelligible Principle

Standard Congress must supply when delegating rulemaking power to executive agencies.

Judicial Immunity

Absolute civil immunity for damages arising from a judge’s judicial acts, but not administrative or nonjudicial conduct.

Legislative Immunity

Absolute immunity for members of Congress for statements or acts within the legislative process (Speech or Debate Clause).

Executive Immunity

President is absolutely immune from civil damages for official acts but not for conduct before taking office or unrelated to duties.

Supremacy Clause

Federal law is supreme over conflicting state law; states may not interfere with valid federal action.

Dormant Commerce Clause

Judicial doctrine restricting state laws that discriminate against or unduly burden interstate commerce absent congressional authorization.

Market-Participant Exception

A state acting as a buyer or seller (not regulator) may favor its own residents in commercial dealings.

Traditional Government Function Exception

State may favor local government entities over private or out-of-state interests when performing traditional governmental tasks.

State Taxation – Substantial Nexus

A state tax on interstate commerce is valid only if the taxed activity has a substantial connection with the taxing state.

Fair Apportionment Requirement

State tax must be apportioned by a rational formula so that interstate commerce is not taxed more heavily than local commerce.

Express Preemption

Congress explicitly states that federal law overrides or excludes state regulation in the same field.

Field Preemption

Implied preemption where federal regulation is so pervasive that Congress intended to occupy the entire regulatory area.

Conflict Preemption

State law is preempted when compliance with both state and federal law is impossible or state law frustrates federal objectives.

Full Faith and Credit

Courts must honor final judgments of other states if the rendering court had jurisdiction and decided on the merits.

State Action Doctrine

Constitutional rights generally protect against governmental—not private—conduct unless the private party performs a traditional public function or is heavily entwined with the state.

Public Function Test

State action exists when a private entity performs a function traditionally and exclusively done by government (e.g., running elections).

Entwinement Test

Private conduct becomes state action when the state is pervasively involved with, or has encouraged, the challenged activity.

Procedural Due Process

Government must follow fair procedures before depriving a person of life, liberty, or property.

Mathews Balancing Test

Determines required process by weighing the private interest, risk of erroneous deprivation and value of additional safeguards, and government burdens.

Substantive Due Process

Doctrine preventing government from enacting unreasonable laws that infringe fundamental rights of all persons.

Strict Scrutiny

Government must prove a law is necessary (least restrictive) to achieve a compelling interest; applies to fundamental rights and suspect classifications.

Rational Basis Review

Challenger must show a law is not rationally related to a legitimate government interest; default test for ordinary rights and nonsuspect classes.

Fundamental Right to Travel

Freedom to enter and leave states and be treated equally once resident; durational residency requirements face strict scrutiny.

Fundamental Right to Vote

Every citizen 18+ has a basic right to participate in federal, state, and local elections; severe burdens trigger strict scrutiny.

Right to Privacy

Substantive due process protection covering marriage, contraception, intimate conduct, parental decisions, family living, refusal of medical care, etc.

Second Amendment Right

Individual right to keep and bear arms subject to historically grounded regulations.

Equal Protection Clause

Fourteenth Amendment guarantee that states treat similarly situated persons alike; applies to federal government through Fifth Amendment.

Suspect Class

Groups such as race, national origin, or alienage (state laws) that trigger strict scrutiny for intentional discrimination.

Quasi-Suspect Class

Gender and legitimacy classifications reviewed under intermediate scrutiny (substantially related to important interest).

Affirmative Action

Government programs favoring minorities or women; racial classifications require strict scrutiny, gender classifications intermediate scrutiny.

One Person, One Vote

Election districts for representatives must have roughly equal populations to ensure equal voting power.

Article IV Privileges and Immunities Clause

Prohibits state discrimination against out-of-state citizens regarding fundamental economic activities unless justified by substantial reason.

Fourteenth Amendment Privileges or Immunities Clause

Protects rights of national citizenship (e.g., interstate travel); rarely used beyond that context.

Takings Clause

Government may take private property for public use only with just compensation (fair market value).

Regulatory Taking

Government regulation that leaves no economically viable use or imposes permanent occupation is treated as a per se taking.

Just Compensation

Fair market value of property at the time of taking, measured by owner’s loss, not government gain.

Bill of Attainder

Legislative act inflicting punishment on named individuals without judicial trial; unconstitutional.

Ex Post Facto Law

Retroactively criminalizes conduct, increases punishment, or lessens prosecution’s burden; barred by Constitution.

Contracts Clause

State may not pass laws retroactively impairing existing private contracts unless narrowly tailored to serve an important public purpose.

Establishment Clause

Prohibits government actions that have the purpose or effect of establishing religion; assessed under history and tradition approach.

Free Exercise Clause

Protects religious belief absolutely and religious conduct against laws targeting religion; neutral laws of general applicability get rational basis review unless they substantially burden religion.

Neutral Law of General Applicability

Legislation that incidentally burdens religion but is not aimed at it; typically upheld under rational basis review.

Symbolic Speech

Expressive conduct protected if regulation serves important interest unrelated to suppression of ideas and is no greater than necessary.

Overbreadth Doctrine

A statute regulating speech is invalid if it punishes a substantial amount of protected speech relative to its plainly legitimate sweep.

Vagueness Doctrine

Law is void if persons of common intelligence must guess at its meaning, leading to chilled speech.

Prior Restraint

Administrative or judicial order forbidding speech in advance; presumed invalid unless narrowly tailored and with procedural safeguards.

Government Speech

Speech by the government itself; not subject to Free Speech Clause but constrained by Establishment Clause.

Traditional Public Forum

Places like streets or parks historically open for speech; content-based rules get strict scrutiny, content-neutral rules intermediate scrutiny.

Content-Based Restriction

Regulation targeting specific subject matter or viewpoint; subject to strict scrutiny.

Central Hudson Test

Four-part intermediate scrutiny for restrictions on truthful, lawful commercial speech.

Obscenity

Material that, taken as a whole, appeals to prurient interest, is patently offensive, and lacks serious value; unprotected speech.

Child Pornography

Sexually explicit depiction of minors; categorically unprotected regardless of obscenity test.

Fighting Words

Personally abusive epithets likely to provoke immediate violence; not protected, though statutes often struck as vague or overbroad.

Incitement (Brandenburg Test)

Advocacy may be banned if directed to inciting imminent lawless action and likely to produce it.

Defamation – Public Figure

Plaintiff must prove falsity and actual malice (knowledge or reckless disregard) to recover.

Freedom of Association

Right to form or join expressive groups; infringements require compelling state interest pursued by least restrictive means.