lesson 2 Flashcards
separation of powers
each branch of gov is designed to be separate, with separate powers, to have separate functions. one branch should not interfere with others or engage in activities that are under the authority of another.
commerce clause
in constitution allowing congress to govern activity between the states
- has now been broadly construed to allow the federal government to regulate many if not most commercial activity in America
supremacy clause
in constitution. establishes that the constitution, the federal statues, and federal case law control when there is a conflict with state authority (conflict between federal and state law = federal law prevails)
judicial review
the authority of the courts to interpret the law, and their interpretations must be followed. established in article III and Marbury v Madison
stare decisis
“let the decision stand”, courts should follow precedence
judicial restraint
a strict construction or interpretation of the constitution, often called originalist. the supreme court should focus on the exact language written and the intent of the framers of the Constitution. says the purpose of judiciary is to merely interpret, should not engage in any activity that makes policy or law. “if the law doesn’t say it, it doesn’t exist”
criticisms of judicial restraint
you’re interpreting a law that was written in the 1700s by white men before the progress of the country. it’s outdated and they could not have anticipated the way our world works today/the changes in our society.
judicial pragmatism / judicial activism
the notion of a living, breathing constitution. it is a document with important fundamental principles but must be interpreted within the context of the modern day, and not limited to the thoughts of the framers. views constitution as a document that grows and changes with the times
criticisms of judicial pragmatism
allows judges to substitute their opinions instead of the elected members of the legislature that should be making the laws
griswold v connecticut (1965)
Connecticut law made contraception illegal, estelle griswold opened a clinic. she argued that the constitution forbids the government from interfering in private matters of citizens.
opinions: some believed in strict construction, said the right to privacy was not written in constitution and did not exist. others believed in an activist approach, said the framers had addressed what could be a right to privacy in the fourth amendment (searches and seizures) but could not have anticipated every conceivable circumstance where privacy would exist.
ruling: court could infer a right to privacy by looking at “zones of privacy” protected by first, third, fourth, fifth, and ninth amendments
roe v wade (1973)
texas statue made abortion a crime. supreme court found that the right to privacy established in Griswold prohibited the gov from making abortion illegal through the first trimester, but could make reasonable regulations thereafter
bowers v hardwick (1986)
georgia statue made homosexual acts of consensual sodomy a crime. hardwick was arrested, supreme court upheld the law. justice white reasoned that the constitution did not confer “a fundamental right to engage in homosexual sodomy.” to this day, originalists claim we do not have a right to privacy.
lawrence v texas (2003)
only 13 states had laws making consensual sodomy a crime, texas was challenged, supreme court declared the law unconstitutional based on Griswold and the right of privacy. this invalidated the anti-sodomy laws in the other remaining states.
obergfell v hodges (2015)
federal circuits were split on whether states denying same-sex couples a marriage license was unconstitutional. based on the equal protection clause and the concept of full faith and credit, the supreme court ruled same-sex marriage bans to be unconstitutional
full faith and credit
if a court in one state rules something, other courts in other states must accept their decision
equal protection - 14th amendment (1867)
essentially means people should be treated equally under the law, “All persons born or naturalized in the US are citizens of the US”…“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens”
dobbs v jackson women’s health org
mississippi passed a law banning most forms of abortion, directly contradicting roe v wade. in a landmark decision, the supreme court overruled roe and held that there is no right to abortion
