Key Concepts in US Constitutional Law
Horizontal Separation of Powers – Executive, legislative, and judicial branches with separate but equal checks and balances.
Vertical Separation of Powers – Division of powers between state and federal governments.
Preemption – If the federal government passes a law with preemption language, states cannot regulate the same activity.
Presumption Against Preemption – Applied when dealing with inherently state/local powers.
Habeas Corpus – A writ used to bring a party criminally convicted in state court into federal court to challenge the validity of their imprisonment.
Commerce Clause – Congress can regulate activity that crosses state lines or has a substantial impact on interstate commerce.
Statute of Limitations – A legally specified period beyond which an action may be defeated or a property right is not to continue.
Federal Preemption – If a federal law is passed with preemption language, no state can regulate the same business activity.
Federal Regulation Without Preemption – Must not have irreconcilable conflicts, cause undue burden on interstate commerce, or discriminate in favor of in-state businesses.
Nexus – Sufficient contacts must exist between the business and the state to justify a tax (e.g., using roads, fire service).
Basic Constitutional Freedoms – Not absolute; subject to balancing tests, protect minorities, variable, and apply to states through the 14th Amendment.
Incorporation Doctrine – Limitations on government behavior in the Bill of Rights are extended to apply to the states.
First Amendment – Guarantees freedom of religion and the press.
Prior Restraints – Generally prohibited; the government cannot stop you from publishing a story beforehand.
Defamation – A false statement about a person’s character or reputation, communicated to a third party (broadcast), causing damages to the person.
Actual Malice – A condition required to establish libel against public officials or public figures. Requires showing either knowledge that the statement was false or reckless disregard for the truth.
Libel – Printed defamation, such as in a newspaper article, TV broadcast, or radio.
Obscenity (Miller Test) – To be obscene, material must appeal to prurient sexual interests, portray sexual conduct in a patently offensive way, lack serious literary, artistic, political, or scientific value, and be judged by local community standards.
Due Process of Law – Substantive Due Process: The government must provide justification for its actions. Procedural Due Process: Requires notice if accused of a crime, etc.
14th Amendment – Guarantees equal rights.
State as Plaintiff – In a criminal case, the state is always the plaintiff, and there is no burden of proof on the defendant.
Felony – A crime for which you can be sentenced to jail for more than one year.
Mens Rea – Having the intent to commit a crime.
Actus Reus – The act of committing a crime.
Fourth Amendment – Protects against unlawful search and seizure by the government.
Search Without a Warrant – Permitted under exceptions such as consent, plain view doctrine, emergencies, incident to a legal arrest (search incident to arrest), stop and frisk (lawful stop with safety at risk), and the automobile exception.
Sixth Amendment – Guarantees the right to a jury of peers.
Fraud – Intentionally making a false statement to deceive someone for financial gain.
Larceny – Stealing or acquiring possession of someone’s personal property with the intent to deprive them of it.
Embezzlement – When someone entrusted with possessions converts them to their own use.