Constitutional Law key terms

The power of courts to examine acts of the legislative and executive branches and invalidate those that conflict with the Constitution. It is implied rather than stated expressly in the constitutional text.

The 1803 decision establishing that courts may refuse to enforce unconstitutional statutes and that the Constitution prevails over conflicting legislation, grounding judicial review in Article III and the Supremacy Clause.

The Article III limit confining federal courts to genuine disputes between adverse parties, meaning no advisory opinions, no feigned or collusive suits, and no rulings on issues that cannot affect the parties' rights.

The requirement that a plaintiff show a concrete injury in fact, fairly traceable to the defendant's conduct, that a favorable decision would likely redress. Third-party and generalized grievances are generally barred.

The doctrine barring review of disputes that have not yet matured into a concrete hardship, usually because the challenged action is speculative or the agency has not finished applying its rule.

The rule that a case must be dismissed once the dispute between the parties ceases to exist, subject to exceptions for wrongs capable of repetition yet evading review and voluntary cessation.

The principle that courts decline to decide issues textually committed to the political branches or lacking judicial standards, such as the conduct of foreign affairs, impeachment trials, and the guaranty of a republican form of government.

The subject-matter authority of federal courts over cases arising under federal law, between diverse parties, and involving the United States, ambassadors, admiralty, and other enumerated categories.

Congress's power under the Exceptions Clause to limit the Supreme Court's appellate jurisdiction and to define the jurisdiction of lower federal courts, subject to constitutional limits such as due process.

The background principle that a state may not be sued without its consent, barring damages suits by private parties in federal or state court, though prospective injunctive relief against officers remains available.

The amendment barring federal suits against a state by citizens of another state or foreign country. Courts read it as reflecting broader state sovereign immunity against private damages actions.

The 1908 decision permitting suits for prospective injunctive relief against state officials who violate federal law, on the theory that such officers are not acting as the state itself.

Congress's power under Section 5 of the Fourteenth Amendment to override state sovereign immunity when legislating to enforce due process or equal protection, which it lacks under Article I powers.

The amendment reserving to the states or the people powers not delegated to the federal government, read as a limit protecting core state functions from federal commandeering and regulation.

The rule that Congress may not compel state legislatures to enact or administer federal regulatory programs, nor order state executive officials to carry out federal duties.

Article I authority letting Congress regulate interstate commerce, including channels of commerce, instrumentalities, and activities substantially affecting interstate commerce, subject to limits on noneconomic intrastate activity.

The standard allowing Congress to regulate intrastate activity that substantially affects interstate commerce, particularly where the activity is economic and part of a broader regulatory scheme.

The method of assessing the aggregate effect of a class of activity on interstate commerce rather than the effect of one individual's conduct, available chiefly for economic activity.

The implied limit preventing states from discriminating against or unduly burdening interstate commerce, even absent federal legislation, subject to exceptions for legitimate local purposes and market participant activity.

The doctrine allowing a state to favor its own residents when it acts as a buyer, seller, or proprietor rather than as a regulator, so ordinary dormant Commerce Clause limits do not apply.

Article I power to make laws that are convenient or useful for executing enumerated powers, so long as they are not prohibited and serve a legitimate constitutional end.

Congress's authority to tax and spend for the general welfare, conditioned on grants being related to a federal interest, unambiguous, not coercive, and not requiring unconstitutional conduct.

The displacement of state law by federal law where Congress expressly occupies the field, where state law conflicts with federal requirements, or where federal purposes make dual regulation impossible.

Article VI's declaration that the Constitution, federal statutes, and treaties are the supreme law of the land, binding state judges and overriding conflicting state law.

The qualified presidential right to withhold confidential communications from disclosure, which yields to a demonstrated need for evidence in a criminal trial.

The allocation of authority to name and dismiss officers: the President appoints principal officers with Senate advice and consent, while Congress may limit removal of officers performing quasi-judicial or quasi-legislative functions.

The structural division of governmental authority among legislative, executive, and judicial branches, preventing any branch from aggrandizing another's core functions or exercising unbounded power.

The process by which the Fourteenth Amendment's Due Process Clause applies most provisions of the Bill of Rights against the states, leaving a few unincorporated like grand jury indictment.

The case-by-case method asking whether a Bill of Rights guarantee is fundamental to ordered liberty or to Anglo-American justice before applying it to the states.

The guarantee of fair procedures before deprivation of life, liberty, or property, and of substantive protection against arbitrary legislation that infringes fundamental rights.

The Fourteenth Amendment guarantee that government treat similarly situated persons alike, triggering stricter review for suspect classifications and fundamental rights.

The most demanding standard, requiring a compelling government interest, narrow tailoring, and the least restrictive means; applied to suspect classifications and fundamental rights.

A mid-level standard requiring an important government interest and a substantial relationship between the means and that interest, applied to sex-based and legitimacy classifications.

The deferential standard upholding classifications reasonably related to a legitimate government purpose, applied to age, wealth, disability, and most economic regulations.

Interests such as voting, travel, marriage, and parental control that receive heightened protection, so government infringement must satisfy strict scrutiny.

The doctrine protecting certain liberty interests from government interference regardless of procedure, encompassing economic liberty under lenient review and personal rights under stricter review.

The requirement that speech regulations not favor or disfavor viewpoints or subject matter; content-based laws receive strict scrutiny while content-neutral time, place, and manner rules receive intermediate review.

A licensing or injunction scheme that suppresses expression before it occurs, carrying a heavy presumption of unconstitutionality and requiring narrow standards and prompt judicial review.

The framework classifying government property as traditional public fora, designated fora, or nonpublic fora, governing whether restrictions must be content-neutral, narrowly tailored, or merely reasonable.

The First Amendment bar on laws respecting an establishment of religion, tested by whether a practice has a secular purpose, avoids advancing or inhibiting religion, and avoids excessive entanglement.

The First Amendment protection of religious belief and practice, barring laws that single out religion for disfavor while generally permitting neutral, generally applicable rules.

The requirement that constitutional rights constrain only governmental conduct, though private action may qualify when there is significant state involvement, a public function, or entwinement.

Congress's Fourteenth Amendment authority to enact legislation enforcing due process and equal protection, requiring a congruence and proportionality between the remedy and documented constitutional violations.