Constitutional Law

Bill of Rights - The first ten amendments 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.
Each person has the same rights 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 the Congress (the Senate and the
House of Representatives) and is the branch responsible for making laws.
Nexus - Connection; a term used in constitutional analysis of the authority to tax; there
must be 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 as long as
preemption was intended by the federal government or where the federal regulation is so
pervasive that it prevents state regulation.
Procedural Due Process - Constitutional protection that requires the government to give
notice and the opportunity to be heard before it takes action against a person or business.
Separation of Powers - Authority for various governmental functions is divided among the
three branches of government. No branch may take the power granted to another branch.

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 the
conflicts with the Constitution will be void.
U. S. Constitution - Creates the federal government’s structure and protects private
citizens’ rights from government interference