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Constitutional Law Foundations
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Ex post facto Laws
Laws that change the legal consequences of actions that were committed before the enactment of the laws. These are prohibited by the Constitution. Examples: Laws that would punish actions that were legal when done, or that increase the punishment for a crime after it was committed.
Commerce Clause
Gives Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes. Examples: Laws regulating trade between states, legal disputes about extent of Congressional power over commerce.
Equal Protection
The constitutional guarantee that no person or group will be denied the same protection of the laws that is enjoyed by other similarly situated persons or groups. Example: Brown v. Board of Education ruling on desegregation of schools.
Establishment Clause
A limit on Congress preventing the establishment of a national religion. Examples: Court cases preventing prayer in public schools, government not funding religious activities.
Limited Government
A principle where governmental power is restricted by law, usually in a written constitution. Examples: The US Constitution, court cases enforcing constitutional limits.
Right to Assembly
The right to hold public meetings and form associations without interference by the government. Examples: Protests, political rallies, trade union meetings.
Free Exercise Clause
The part of the First Amendment guaranteeing the freedom of religion. Examples: Protecting religious practices, court cases allowing exemptions from certain laws on religious grounds.
Freedom of the Press
The right to circulate opinions in print without censorship by the government. Examples: Publishing newspapers, broadcasting news, online journalism.
Right to Petition the Government
The right to make a complaint or seek the assistance of one's government, without fear of punishment or reprisals. Examples: Writing to elected officials, legal challenges, public campaigns.
Republicanism
A form of government where the country is considered a "public matter" with officials being elected as representatives of the people. Examples: The United States, France, Germany.
Full Faith and Credit Clause
Requires states to recognize the public acts, records, and judicial proceedings of all other states. Examples: Same-sex marriage recognition before nationwide legalization, driver's license recognition across states.
Right to Counsel
The entitlement to the assistance of a lawyer in a criminal trial. Examples: Miranda rights including the right to an attorney, the appointment of public defenders for those who cannot afford one.
Judicial Review
The power of the courts to declare laws unconstitutional and thus unenforceable. Example: The landmark case Marbury v. Madison established the principle of judicial review in the United States.
The Rule of Law
The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced. Examples: Impeachment of a President, Judicial decisions applying to politicians.
Bill of Rights
The first ten amendments to the US Constitution, which guarantee essential rights and civil liberties, such as the freedom of speech, the right to bear arms, and the right to fair trials. Examples: The First Amendment protects freedom of speech, the Second Amendment protects the right to bear arms.
Popular Sovereignty
The principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives. Examples: Voting in elections, referendums.
Right to a Fair Trial
The right to a trial that follows the correct processes and procedures, with an impartial jury and the chance for defense. Examples: Public trials, impartial juries, miranda rights.
Due Process
The legal requirement that the state must respect all of the legal rights that are owed to a person. Examples: The right to be heard in court, the right to a fair trial.
Takings Clause
Part of the Fifth Amendment that ensures private property cannot be taken for public use without just compensation. Examples: Eminent domain cases, government requisition of land or property, compensation provided for taken property.
Supremacy Clause
Establishes that the federal Constitution, and federal law generally, take precedence over state laws, and even state constitutions. Examples: Federal laws overriding state laws, resolving conflicts between state and federal law.
Double Jeopardy
The principle that prevents an individual from being tried twice for the same offense. Examples: Acquittal in a criminal trial preventing retrial on the same charges, separate state and federal charges for the same act as a complex area of this principle.
Separation of Powers
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. Examples: The legislative branch making laws, the executive applying and enforcing the law, and the judiciary interpreting the law.
Freedom of Religion
The right allowing individuals to practice, express, or change their religious beliefs without interference from the government. Examples: Attending worship services, religious dress, changing one's faith.
Federalism
A system of government where power is divided between a central authority and constituent political units (like states or provinces). Examples: The United States, Canada, Australia.
Freedom of Speech
The right to express information, ideas, and opinions free of government restrictions based on content and subject to reasonable limitations. Examples: Protesting, political speeches, social media expression.
Search and Seizure
Limits on the government's ability to conduct searches or take private property for public use, ensuring respect for individuals' privacy. Examples: Warrants issued for searches, court rulings on illegal searches.
Cruel and Unusual Punishment
A prohibition against torture or barbaric punishments. Examples: The death penalty cases, rulings on prison conditions, interpretations of what constitutes 'cruel and unusual'.
Judicial Activism
Judicial rulings that are suspected of being based on personal or political considerations rather than on existing law. Examples: Judges overturning laws, court decisions that some believe are politically motivated.
Checks and Balances
A system that allows each branch of government to amend or veto acts of another branch so as to prevent any one branch from exerting too much power. Examples: Presidential vetoes, Congress overriding vetoes, Judicial review of legislation.
Right to Bear Arms
The right provided by the Second Amendment of the US Constitution for individuals to possess weapons. Examples: Gun ownership, state regulations on firearms, court cases about gun control.
Right to Privacy
The concept that one's personal information is protected from public scrutiny. Examples: Privacy laws, court rulings like Roe v. Wade, protection of personal data.
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