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14 Cards in this Set
- Front
- Back
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Express Powers
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Those that are specifically stated in the federal Constitution.
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Implied Powers
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Those that have arisen as a result of interpretation of the express powers by the court.
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Bill of Rights
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The first 10 amendments of the US Constitution.
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Judicial Review
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The process of deciding if a law is contrary to the Constitution.
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Doctrine of Preemption
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A principle that states that when certain state or local laws are inconsistent with the federal law, the federal law must be followed.
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Commerce Clause
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A provision of the Constitution that grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.
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Full Faith and Credit Clause
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A provision of the Constitution that mandates that each state respect and enforce both the judgements awarded by courts in other states, and the statues and case law of the other states.
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Supremacy Clause
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A provision of the Constitution that requires state judges to follow federal law in the event of a conflict with state law.
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Probable Clause
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A reasonable belief that a prudent police officer must have that a suspect has committed, is committing, or is about to commit a crime, thereby giving the officer the authority to conduct a search.
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Procedural Due Process
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A Constitution mandate that all persons affected by a legal proceeding receive notice of its subject matter, time, and place and that these proceedings be conducted by a adjudge who is fair and impartial.
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Substantive Due Process
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A Constitution mandate that government not unreasonably interfere with an individuals life, liberty, or property rights.
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Rational Basis
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A test that measures whether the legislature has a reasonable, and not an arbitrary, basis for enacting a particular statute.
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Intermediate Scrutiny
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A test that measures whether a particular statute is substantially related to an important government objective.
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Strict Scrutiny
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A test that measures whether the legislature had a compelling interest for enacting a particular statue.
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