CONSTITUTIONAL Flashcards
Standing (Plaintiff must have Article III Standing)
Under Constitutional Law, standing is the ability of a party to demonstrate to the curt a sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.
Mootness (Case of controversy Must not be Moot)
Under Constitutional Law, a matter is moot if further legal proceedings can have no effect or if events have placed it beyond the reach of law.
Ripeness (case of controversy Must be Ripe)
Under Constitutional Law,a claim is ripe when the facts of the case have matured into a existing controversy warranting judicial intervention
Strict Scrutiny
Under Constitutional law, a strict scrutiny standard of review requires the government to prove that the challenged law or classification serves a compelling state interest and that the law or classification is narrowly tailored.
Intermediate Scrutiny
Under Constitutional Law, an intermediate scrutiny standard of review requires the government to prove that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest.
Rational Basis
Under Constitutional law, a rational basis standard of review requires the challenger to prove that the challenged law or classification is not rationally related to a legitimate interes
Treaty Power
Under Constitutional Law, a treaty is an agreement between the United States and a foreign country that is negotiated by the President and is effective when ratified by Senate. A valid treaty, like other federal law , is considered the supreme law of the land.
Executive Agreements
Under Constitutional Law, executive agreements are agreements between the United States and a foreign country, effective when signed by the President and the head of the foreign country.
Impeachment
Under Constitutional Law, impeachment is a formal process under which an elected official is removed from office.
The Dormant Commerce Clause
Under Constitutional Law, the Dormant Clause is a judicial doctrine that invalidates state law unduly burdening interstate commerce even in the absence of any conflicting federal law
Just Compensation
Under Constitutional Law, if the government takes private property for public use, the owner is entitled to just compensation, which is measured as the fair market value of the property at the time of the taking. Just compensation is ordinarily determined as the amount of economic loss to the owner, rater than the economic benefit conferred to the taker.
Bills of Attainder
Under Constitutional Law, a bill of attainder is a bill that is directed at a specific person or group of persons for past conduct, rendering punishment without a judicial trial.
Ex Post Facto Laws
Under Constitutional Law, an ex post facto Laws is a law that retroactively criminalizes an act or alters the level of criminality of previous conduct.
Freedom of Speech and Expression
Under Constitutional Law, freedom of speech is the freedom to speak without censorship or limitation.
Prior Restrain
Under Constitutional Law, a prior constrain is a government action that prevents communications from reaching the public.
