Chp. 5 Constitutional Law
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A court order seizing property of a party to a civil action, so that there will be sufficient assets available to pay the judgment.
Bill of Rights
The first ten amendments to the Constitution.
One of the powers granted by Article I, §8 of the Constitution, it gives Congress exclusive power to regulate international commerce and concurrent power with the states to regulate domestic commerce.
Communication, such as television advertisements, that has the dominant theme of proposing a commercial transaction.
Due Process Clause
Part of the Fifth Amendment. Procedural due process ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair. Substantive due process holds that certain rights, such as privacy, are so fundamental that the government may not eliminate them.
The power of the government to take private property for public use.
Equal Protection Clause
Part of the Fourteenth Amendment, it generally requires the government to treat equally situated people the same.
The one responsible, during a trial, for deciding what occurred, that is, who did what to whom, when, how, and why. It is either the jury or, in a jury-waived case, the judge.
See Founding Fathers.
In constitutional law, those rights that are so basic that any governmental interference with them is suspect and likely to be unconstitutional.
The willingness shown by certain courts (and not by others) to decide issues of public policy, such as constitutional questions (free speech, equal protection, etc.) and matters of contract fairness (promissory estoppel, unconscionability, etc.).
A court’s preference to abstain from adjudicating major social issues and to leave such matters to legislatures.
Negative or Dormant Aspect of the Commerce Clause
The doctrine that prohibits a state from any action that interferes with or discriminates against interstate commerce.
Constitutional law doctrine holding that some works will receive no First Amendment protection because a court determines they depict sexual matters in an offensive way.
Protected unless it is intended and likely to create imminent lawless action.
Positive aspect of the Commerce Clause
The power granted to Congress to regulate commerce between the states.
The doctrine, based on the Supremacy Clause, by which any federal statute takes priority whenever (1) a state statute conflicts or (2) there is no conflict but Congress indicated an intention to control the issue involved.
Procedural due Process
Ensures that before depriving anyone of liberty or property, the government must go through procedures which ensure that the deprivation is fair.
Separation of Powers
The principle, established by the first three articles of the Constitution, that authority should be divided among the legislative, executive, and judicial branches.
Substantive due Process
Holds that certain rights, such as privacy, are so fundamental that the government may not eliminate them.
From Article VI of the Constitution, it declares that federal statutes and treaties take priority over any state law, if there is a conflict between the two or, even absent a conflict, if Congress manifests an intent to preempt the field.
Part of the Fifth Amendment, it ensures that when any governmental unit takes private property for public use, it must compensate the owner.
A clause in Article 1, section 2 of the United States Constitution, now void and regarded as racist, which required that for purposes of taxation and representation, a slave should be counted as three-fifths of a person.
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