Constitutional Law and Interpretation Flashcards
Grade 11 · Social Studies · Flashcards
Essential Supreme Court cases, constitutional principles, and interpretive theories that define American constitutional law.
Flashcards
- Judicial Review
- Power of courts to strike down laws as unconstitutional; established in Marbury v. Madison (1803); not explicitly in the Constitution but inferred from its structure and logic by Chief Justice Marshall.
- Supremacy Clause
- Article VI declares the Constitution and federal laws 'the supreme Law of the Land'; state laws that conflict with federal law are invalid — established firmly in McCulloch v. Maryland (1819).
- Commerce Clause
- Art. I, Sec. 8 gives Congress power to regulate interstate commerce; interpreted broadly to justify most federal regulation of business and economy; significantly expanded by New Deal-era decisions.
- Equal Protection Clause
- 14th Amendment prohibits states from denying 'equal protection of the laws'; basis for striking down racial segregation (Brown), sex discrimination, and other unequal treatment.
- Due Process Clause
- Appears in both 5th (federal) and 14th (state) Amendments; guarantees both procedural due process (fair procedures) and substantive due process (protection of fundamental rights).
- Strict vs. Rational Basis Scrutiny
- Courts apply strict scrutiny (race, fundamental rights) or rational basis review (most laws) to equal protection claims; intermediate scrutiny applies to sex discrimination.
- Engel v. Vitale (1962)
- Supreme Court ruled school-sponsored prayer in public schools violates the Establishment Clause even if voluntary, regardless of the prayer's non-denominational nature.
- Gideon v. Wainwright (1963)
- Ruled states must provide attorneys to indigent defendants in felony cases; incorporated the 6th Amendment right to counsel against the states via the 14th Amendment.
- Griswold v. Connecticut (1965)
- Found a constitutional right to privacy in the 'penumbras' of the Bill of Rights; struck down a state ban on contraceptives for married couples; foundational for later abortion and marriage equality decisions.
- Korematsu v. United States (1944)
- Upheld Japanese American internment during WWII under strict scrutiny (wrongly applied); formally overturned in Trump v. Hawaii (2018); remains example of how courts can fail civil liberties under wartime pressure.
- Lawrence v. Texas (2003)
- Struck down state sodomy laws criminalizing same-sex intimacy; held such laws violated substantive due process; overruled Bowers v. Hardwick (1986) and laid groundwork for Obergefell.
- NFIB v. Sebelius (2012)
- Upheld the Affordable Care Act's individual mandate as a valid exercise of Congress's taxing power (not the Commerce Clause); limited but did not eliminate federal regulatory reach.
- Free Exercise Clause
- First Amendment prohibits government from 'prohibiting the free exercise' of religion; protects religious practice but generally does not exempt individuals from religiously neutral laws of general applicability.
Get a personalized course on Constitutional Law and Interpretation built around your child.