Constitutional Law Flashcards

Grade 12 · Social Studies · Flashcards

Key terms and concepts for mastering Constitutional Law in 12th grade Social Studies.

Flashcards

Judicial Review

Power of the Supreme Court to declare laws unconstitutional; established in Marbury v. Madison (1803).

Supremacy Clause

Article VI provision making the Constitution and valid federal laws the supreme law of the land over conflicting state laws.

Equal Protection Clause

14th Amendment provision requiring states to treat all persons equally under the law; basis for most civil rights rulings.

Due Process Clause

Constitutional guarantee (5th and 14th Amendments) that government cannot deprive persons of life, liberty, or property without fair procedures.

Elastic Clause

Necessary and Proper Clause (Art. I Sec. 8) giving Congress flexibility to pass laws needed to carry out enumerated powers.

10th Amendment

Reserves powers not delegated to the federal government to the states or the people; cornerstone of federalism.

Marbury v. Madison (1803)

Landmark case establishing judicial review — the Supreme Court's power to invalidate unconstitutional laws.

Brown v. Board of Education (1954)

Ruling that racial segregation in public schools violated the Equal Protection Clause, overturning Plessy v. Ferguson.

Miranda v. Arizona (1966)

Required police to inform suspects of their rights (to remain silent, to an attorney) before custodial interrogation.

First Amendment

Protects freedom of speech, religion, press, assembly, and the right to petition the government.

Strict Scrutiny

The highest level of judicial review, applied when laws classify people by race or burden fundamental rights; law must be narrowly tailored to a compelling government interest.

Commerce Clause

Art. I Sec. 8 power giving Congress authority to regulate interstate and foreign commerce; basis for much federal legislation.

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