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Constitutional law A


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Bill of Rights
The collective name for the first ten amendments to the U.S. Constitution that add specific guarantees of personal freedoms and rights and clear limitations on the government's power in judicial and other proceedings.
Checks and balances
The powers conferred on each of the three branches of government by which each restrains the others from exerting too much power.
Commerce clause
A clause in Article I, section 8, of the U.S. Constitution that empowers Congress to regulate interstate commerce and commerce with foreign nations and that forms the constitutional basis for much federal regulation.
Compelling state interest
A governmental interest which is so important that it outweighs individual rights.
Dormant Commerce clause
A restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce implied by the exclusive power of Congress to regulate commerce "among the several states."
Due Process clause
Clauses in the Fifth and Fourteenth Amendment that prohibit deprivation of life, liberty, or property without due process of law and protecting fundamental rights that are “implicit in the concept of ordered liberty.”
Equal Protection clause
Clause in the Fourteenth Amendment that provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws."
Establishment clause
Clause in the First Amendment that prohibits establishment of a state religion.
Federalism
A system based upon democratic rules and institutions in which the power to govern is shared between national and state governments.
Free Exercise clause
Clause in the First Amendment which guarantees freedom from governmental interference in both private and public religious affairs.
Full Faith and Credit clause
Clause in Article IV of the U.S. Constitution requiring that states recognize and enforce public acts, records, and judicial proceedings of other states.
Intermediate scrutiny
A level of judicial scrutiny to ensure equal protection of the laws requiring that classifications in a law based on gender or legitimacy must be substantially related to important government objectives.