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10 Cards in this Set
- Front
- Back
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Judicial review |
The power the Supreme Court has to say what the US Constitution means. |
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Federalism |
The idea built into the structure of the Constitution, that states and the federal government have concurrent powers. In effect, federalism is the concept of shared governance between the states and the federal government |
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Separation of powers |
The executive, judicial, and legislative branches of government all have powers that could modify or limit the powers of the other branches of government. |
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Commerce clause |
Article I, Section 8, of the Constitution is generally regarded as the legal authority by which the federal government can make law that governs commerce among the states and with foreign nations. |
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Dormant commerce clause |
Even when the federal government does not act to make rules to govern matters of interstate commerce, the state's may, but they may not do so in ways that unduly burden our discriminate against interstate commerce. |
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Preemption |
Based on the supremacy clause, the preemption doctrine holds that state and federal laws that conflict must yield to the superior law, which is federal law. |
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Procedural due process |
In matters of civil or criminal procedure, the Constitution requires that both states and the federal government provide fair process to all parties, especially defendants who are accused of a crime or, in a civil case, defendants who are served with a summons and complaint in a state other than their residence. |
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Takings clause |
In the fifth amendment, the government is required to provide compensation to the owner for any taking off private property. The same requirement is imposed on states through the due process clause of the Fourteenth Amendment |
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Substantive due process |
A doctrine of the Supreme Court that negated numerous laws in the first third of the 20th century. It's use in the past 80 years is greatly diminished, but it survives in terms of protecting substantive liberties not otherwise enumerated in the Constitution |
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What are the 3 classifications under the equal protection clause? |
1. Minimal scrutiny: economic and social relations 2. Intermediate scrutiny: gender 3. Strict scrutiny: race, ethnicity, and fundamental rights |
