Test 1 - Ch 3 Book Flashcards
refers to a law that is unconstitutional on its face, meaning that is it invalid under any given circumstances
unconstitutional perse, ex: law that would restrict citizens’ freedom to profess their religious beliefs.
refers to a declaration by a court of law that statue is invalid insofar as it is enforced in some particular context.
unconstitutional as applied
governmental powers explicitly granted by that government’s constitution
enumerated powers
governmental powers no explicitly state in that government’s constitution but fairly implied by it
implied powers
economic activity between or among states or affecting more than one state.
interstate commerce
the principle that there can be no crime or punishment in the absence of law
principle of legality
unlawful conduct that is about to take place and that is inevitable unless there is intervention by the authorities
imminent lawless action
utterances that are inherently likely to provoke a violent response from an individual or group to which they are directed
fighting words
offensive speech directed at members of racial, religious, sexual, or ethnic minorities.
hate speech
the judicial requirement that legislation must be rationally related toa legitimate government objective in order to survive constitutional challenge
rational basis test
those constitutional rights that have been declared to be fundamental by the courts. Include first amendment freedoms, the right to vote, and the right to privacy.
fundamental rights
judicial review of government action or policy in which the ordinary presumption of constitutionality is reversed
strict judicial scrutiny
a government interested sufficiently strong that it overrides the fundamental rights of persons adversely affected by government action or policy.
compelling government interest
