Key Concepts in United States Constitutional Law

This collection of flashcards encompasses key legal concepts, amendments, and landmark cases in United States constitutional law.

Imminent Lawless Action Test

A test established by Brandenburg v. Ohio to evaluate whether speech advocating illegal actions can be restricted under the First Amendment.

Prior Restraint

The government act of preventing expression or publication before it occurs, largely prohibited under strict scrutiny.

Libel Laws

Laws that require proof of reckless disregard for the truth when printing false statements.

Free Exercise Clause

A clause that allows the government to ban religious practices as long as the law is neutral and generally applicable.

Establishment Clause

A clause of the First Amendment that prohibits the government from favoring or establishing any religion.

Second Amendment

The right of the people to keep and bear arms shall not be infringed.

Exclusionary Rule

Rule stating that evidence found in an illegal search cannot be used in trial.

Reasonable Expectation of Privacy

The protection against unreasonable searches based on societal norms and expectations.

Sixth Amendment

The right to a speedy public trial by an impartial jury and the right to defend oneself through legal counsel.

Eighth Amendment

Prohibits excessive bail, fines, and cruel or unusual punishment.

Due Process

The legal requirement that the state must respect all legal rights owed to a person.

Federalism

A system of government where power is divided between national and subnational governments.

Supremacy Clause

Establishes that the Constitution is the supreme law of the land.

Commerce Clause

Gives Congress the power to regulate interstate commerce.

Devolution

The transfer of powers from the federal government back to the states.

Positive Liberty

The freedom to obtain fulfillment through self-discipline and communal support.

Negative Liberty

Freedom from constraints; the absence of interference.

Common Law System

A system where judges have the power to interpret the law and make legal precedents.

Ninth Amendment

States that the enumeration of certain rights in the Constitution does not diminish other rights retained by the people.

Double Jeopardy

The legal principle that prevents an individual from being tried for the same crime more than once.

Imminent Domain

The government's power to acquire private property for public use, with compensation.

Selective Incorporation

The process by which the Bill of Rights is applied to the states through the Fourteenth Amendment.

Scott v. Sanford

A Supreme Court case that decided slaves did not have standing to sue and declared African Americans were not citizens.

Reconstruction

The period following the Civil War when the Southern states were reorganized and reintegrated into the Union.

Civil Rights Act of 1964

Legislation that prohibits racial discrimination in schools, public accommodations, and employment.

Voting Rights Act of 1965

Legislation to enforce the voting rights guaranteed by the Fourteenth and Fifteenth Amendments.

Loving v. Virginia

A Supreme Court case that struck down laws banning interracial marriage.