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Police powers
The power of government to exercise reasonable control over persons or property within its jurisdiction in the interest of general security, health, safety, moral, and welfare.
Preemption
Doctrine that federal law supersedes state law when federal law is in conflict with state law or there is congressional intent to regulate a subject to the exclusion of the states.
Privileges and Immunities clause
Clause in Article IV of the U.S. Constitution that fundamental rights of individual citizens and restrains states from discriminating against out-of-state citizens.
Probable cause
A reasonable ground in fact and circumstance for a belief that an offense has been committed, that a person is guilty of an offense, or that a search will uncover contraband.
Procedural Due Process
A course of formal proceedings carried out fairly, regularly, and in accordance with established rules and principles of fundamental fairness.
Rational basis test
Laws that do not require strict scrutiny or intermediate scrutiny are valid if there is any conceivable rational basis to believe that it is related to a legitimate government interest.
Search warrant
A warrant authorizing law enforcement to conduct a search of a place or person and to seize evidence; a search warrant must be issued by a disinterested magistrate based on probable cause.
Sovereignty
Supreme power over a body politic.
Strict scrutiny
A level of judicial scrutiny to ensure equal protection of the laws requiring that laws which infringe fundamental rights use suspect classifications must be narrowly tailored to promote a compelling government interest.
Substantive Due Process
A requirement that laws and regulations must be related to a legitimate government interest and may not result in unfair or arbitrary treatment of individuals.
Supremacy clause
A clause in Article VI of the U.S. Constitution that establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
Suspect classification
A classification in law that is subject to strict scrutiny because it discriminates against or burdens a class of individuals marked by immutable characteristics (such as race or national origin) who are entitled to equal protection of the law.
