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LAS101
Chapters 2-3
| Term | Definition |
|---|---|
| Judicial Review | The authority of a court to strike down a law if the law is contrary to the United States Constitution |
| Enumerated Powers of Congress | coin money, declare war, collect taxes |
| enumerated power of the Executive | appoint judges, veto legislation, serve as Commander in Cheif of armed services |
| First Amendment | freedom of religion, speech, and association |
| equal protection clause | prohibits states from denying any person or class of persons the same protection and rights that the law extends to other similarly situates persons |
| federal due process | fair notice and fair hearing before depriving a person of life, liberty, or property |
| precedent | courts relying on what other courts have said/done in the past, does not have final say |
| check and balances | a system that is used to keep the government from getting too powerful in one branch |
| Doctrine of Original Intent | states that the framer's original intent should control contemporary constitutional decision making |
| Presumed to be UNconstitutional | laws that potentially abridge fundamental rights, suchs as freedom of speech |
| US Constitution | creates federal government of enumerated powers, makes US Constitution supreme law of the land, sets seperation of powers |
| Requirements to amend the constitution | the process is specified in the constitution itself |
| bill of rights | first 10 amendments, passed AFTER original constitution was ratified |
| Originalism | theory that the constitution should be interpreted according to the intent of the original framer's as they understood it to mean at the time of its drafting |
| Nonoriginalism | theory that the constitution should be interpreted according to what it should mean in the context of modern society |
| Authority of US Supreme Court's ability to interpret the Constitution original listing | is a decision of the court itself |
| Commerce Clause | commerce that is conducted solely within the borders of any one state, commerce that moves between or amongst any two or more states |
| General police powers | powers individual states are assumed to have |
| Commerce Clause & 10th Amendment | used in determining the limits and interrelationship of federal powers and individual state powers |
| US Supreme Court Judge appointment lenght | until death |
| positive law | basic formulation of "law" as "a set of rules" promulgated and enforced by a government (written law ex: constitution) |
| Laws must be perceived as: | rational, fair, and just |
| natural law | law that is considered to flow from a man's existence |
| substantive legitmacy | phrase referring to the content of laws being fair, just, and based upon reasonable principle |
| Civil disobedience | refusal to comply with certain laws or to pay taxes/fines, ex: civil rights movement |
| Separation of powers | powers distributed among the three branches of government |
| judicial review | power of the supreme court to review the acts of congress and declare them null and void |
| Procedural Legitimacy | applied and enforced according by people regard as fair, just, and reasonable |
| doctrine of stare decisis | obligates courts to look to precedent to guide their decisions |
| 3 Federal Courts | District Courts, U.S. Courts of Appeals, U.S. Supreme Court |
| Authority to conduct elections | federal court and state court |
| writ of certiorari | method used for appealing a case to the US Supreme court |
| implied powers | powers held but not listed in constitution |
| alternative dispute resolutions | negotiation, mediation, and arbitration |
| separation of powers | concept of the government being divided among the three branches |
| federalism | fundamental division of authority between the national government and the state government |
| individual rights | fundamental freedoms, exists outside of the constitution |
| substantive rights | rights that describe the freedoms the government can not impinge upon when exercising its power |
| "due process" are guaranteed by | 5th and 14th amendment |
| 14th amendment and selective incorporation approach | used to make specific amendments in the bill of rights applicaable to the states |
| liberty right interests | fundamental freedoms, ex: right to marry, freedom of movement, freedom to purse a career, worship freely |
| property right interests | legal entitlements that grant ownership/control over assets, ex: right to continue attending a public community college, right to keep drivers license |
| In three part balancing test used to decide how much process is due, first... | look at the interest of the person who will affected by the action of the government |
| In three part balancing test used to decide how much process is due, second | how great is the risk of making an incorrect decision |
| In three part balancing test used to decide how much process is due, third | the administrative/financial burden of requiring more extensive procedures |
| "right to privacy" | implied in the constitution, serves at the basis for 4th amendments prohibition regarding searches |
| 4th amendment | applies only to actions by the government or those acting upon the request or command of the government, it does not apply o actions between private citizens (4th amendment) |
| writ of habeas corpus | privilege that gives the right to an individual to not be held in unlawful custody |
| ex post facto laws | laws passed after the occurrence of an act that alter the legal status/consequences of that act, do not apply retroactively |
| 10th amendment | relates the power of the states in relation to the powers of the federal government |
| natural law | unchanging moral principles regarded as basis for human conduct, ex: right to exist |
| process rights | describe how the government must act when exercising its powers |
| Same sex marriage is constitutionally protected by... | 5th amendment due process clause, 14th amendment equal protection clause |
| national supremacy | state policies cannot overrule federal policies, but the state can have sovereignty in certain scenarios |
| remedies in equity | an injunction placed to prevents or makes someone do a specific performance |
| remedies in law | money |
| common law | based on a rule of law or a collection or rulings, used to explain/invalidate statutes, often supplemented with statutes, based on stare decisis and precedent |
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