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Constitutional Law Terms

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Judicial Review

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Power of the courts to declare laws unconstitutional

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Separation of Powers

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The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another

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Free Exercise Clause

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Reserves the right of American citizens to accept any religious belief and engage in religious rituals

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Ex Post Facto Laws

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Laws that retroactively change the legal consequences (or status) of actions committed or relationships that existed before the enactment of the law

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Habeas Corpus

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Legal action or writ by means of which detainees can seek relief from unlawful imprisonment

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Federalism

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A system of government where power is divided between a central government and regional governments

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Full Faith and Credit Clause

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Addresses the duties that states within the United States have to respect the 'public acts, records, and judicial proceedings of every other state'

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Establishment Clause

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Prohibits the establishment of religion by Congress

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Established Precedent

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A principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts

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Due Process

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Legal requirement that the state must respect all the legal rights that are owed to a person

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Equal Protection Clause

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Provision of the Fourteenth Amendment guaranteeing citizens 'the equal protection of the laws'

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Sovereign Immunity

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A legal doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent

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Self-Incrimination

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The act of implicating oneself in a crime or exposing oneself to criminal prosecution

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Exclusionary Rule

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A law that prohibits the use of illegally obtained evidence in a criminal trial

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Checks and Balances

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System that allows each branch of government to amend or veto acts of another branch to prevent any one branch from exerting too much power

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Double Jeopardy

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Prohibits anyone from being prosecuted twice for substantially the same crime

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Bill of Rights

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The first ten amendments to the U.S. Constitution, guaranteeing specific freedoms and rights

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Amicus Curiae

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Literally means 'friend of the court'; someone who is not a party to a case who offers information that bears on the case

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Supremacy Clause

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Establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions

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Selective Incorporation

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Constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

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Privileges and Immunities Clause

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Prevents a state from treating citizens of other states in a discriminatory manner

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Cruel and Unusual Punishment

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Punishments that are considered incompatible with modern-day standards of decency or disproportionally harsh to the offense committed

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Commerce Clause

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Grants Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

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Writ of Certiorari

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An order by a higher court directing a lower court to send the record in a given case for review

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Petitioner vs. Respondent

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The designations of the parties in a court case: the petitioner brings the case, while the respondent is the party against whom the case is brought

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