* Introduction to Constitutional Law
Expert-defined terms from the Professional Certificate in Constitutional and Administrative Law course at LearnUNI. Free to read, free to share, paired with a globally recognised certification pathway.
**Above suspect classification** #
**Above suspect classification**
A doctrine in constitutional law that certain classifications of persons for the… #
These suspect classifications typically include race, national origin, alienage, and sex.
**Administrative law** #
**Administrative law**
The branch of law that deals with the powers, duties, and procedures of administ… #
The branch of law that deals with the powers, duties, and procedures of administrative agencies, such as government departments and regulatory bodies.
**Administrative Procedure Act (APA)** #
**Administrative Procedure Act (APA)**
A federal law in the United States that establishes the basic procedures for adm… #
A federal law in the United States that establishes the basic procedures for administrative agencies to follow when issuing regulations, holding hearings, and making decisions.
**Bill of Attainder** #
**Bill of Attainder**
A legislative act that singles out an individual or group for punishment without… #
Bills of attainder are prohibited by the U.S. Constitution.
**Bicameral legislature** #
**Bicameral legislature**
A legislative body consisting of two chambers or houses, such as the U #
S. Congress, which is composed of the House of Representatives and the Senate.
**Bill of Rights** #
**Bill of Rights**
The first ten amendments to the U #
S. Constitution, which protect individual rights and liberties, such as freedom of speech, religion, and the press, and the right to bear arms, due process, and equal protection of the law.
**Case law** #
**Case law**
The body of law developed through judicial decisions, as opposed to statutes or… #
The body of law developed through judicial decisions, as opposed to statutes or regulations.
**Civil law** #
**Civil law**
A system of law that governs disputes between private individuals or entities, a… #
A system of law that governs disputes between private individuals or entities, as opposed to criminal law, which deals with crimes against the state.
**Civil liberties** #
**Civil liberties**
Individual rights and freedoms guaranteed by the Constitution and protected from… #
Individual rights and freedoms guaranteed by the Constitution and protected from infringement by the government, such as freedom of speech, religion, and the press, and the right to privacy.
**Civil rights** #
**Civil rights**
The rights of individuals to be free from discrimination and to receive equal pr… #
The rights of individuals to be free from discrimination and to receive equal protection under the law, regardless of race, gender, religion, or other protected characteristics.
**Common law** #
**Common law**
A system of law based on judicial decisions and custom, as opposed to statutes o… #
A system of law based on judicial decisions and custom, as opposed to statutes or regulations.
**Constitution** #
**Constitution**
The fundamental law of a nation or state that establishes the framework of gover… #
The fundamental law of a nation or state that establishes the framework of government and the rights and liberties of its citizens.
**Constitutional amendment** #
**Constitutional amendment**
A formal change to the text of a constitution, typically requiring a supermajori… #
A formal change to the text of a constitution, typically requiring a supermajority vote of the legislature and ratification by the people or the states.
**Constitutional convention** #
**Constitutional convention**
A meeting of elected delegates to draft or revise a constitution, as was the cas… #
S. Constitutional Convention in 1787.
**Constitutional crisis** #
**Constitutional crisis**
A situation in which the normal functioning of government is disrupted by a disp… #
A situation in which the normal functioning of government is disrupted by a dispute over the meaning or application of the constitution, or by the refusal of one branch of government to comply with the orders or decisions of another.
**Constitutional law** #
**Constitutional law**
The branch of law that deals with the interpretation and application of constitu… #
S. Constitution and the constitutions of the states.
**Constitutional rights** #
**Constitutional rights**
The rights and liberties guaranteed to individuals by the Constitution, such as… #
The rights and liberties guaranteed to individuals by the Constitution, such as freedom of speech, religion, and the press, and the right to due process and equal protection of the law.
**Delegated powers** #
**Delegated powers**
The powers granted to the federal government by the U #
S. Constitution, including the power to tax, regulate commerce, declare war, and coin money.
**De facto** #
**De facto**
In fact or in effect, although not officially recognized #
In fact or in effect, although not officially recognized.
**De jure** #
**De jure**
According to law or right, although not necessarily in fact #
According to law or right, although not necessarily in fact.
**Due process** #
**Due process**
The requirement that the government follow fair and impartial procedures when de… #
S. Constitution.
**Equal protection** #
**Equal protection**
The requirement that the government treat all individuals equally under the law,… #
S. Constitution.
**Executive agreement** #
**Executive agreement**
An agreement between the executive branch of the federal government and a foreig… #
An agreement between the executive branch of the federal government and a foreign government, which has the force of law without the need for Senate ratification.
**Executive order** #
**Executive order**
A directive issued by the President of the United States that manages operations… #
A directive issued by the President of the United States that manages operations of the federal government.
**Federalism** #
**Federalism**
The division of power between the federal and state governments, as established… #
S. Constitution.
**Federal question** #
**Federal question**
A legal issue that arises under the U #
S. Constitution, federal laws, or treaties, and that can be heard in federal court.
**Fourteenth Amendment** #
**Fourteenth Amendment**
The amendment to the U #
S. Constitution that guarantees due process and equal protection to all persons, including former slaves, and that extends federal citizenship to all persons born or naturalized in the United States.
**Full faith and credit clause** #
**Full faith and credit clause**
The clause in the U #
S. Constitution that requires states to recognize the public acts, records, and judicial proceedings of other states.
**Impeachment** #
**Impeachment**
The process by which the U #
S. House of Representatives brings charges against a federal official, such as the President, for misconduct in office, and the U.S. Senate tries the official on those charges.
**Judicial review** #
**Judicial review**
The power of courts to review the actions of the other branches of government an… #
The power of courts to review the actions of the other branches of government and to declare them unconstitutional.
**Judicial restraint** #
**Judicial restraint**
A philosophy of judicial decision #
making that emphasizes adherence to precedent, deference to the other branches of government, and caution in overturning laws or policies.
**Judicial activism** #
**Judicial activism**
A philosophy of judicial decision #
making that emphasizes the power of courts to interpret the Constitution broadly, to overturn laws or policies that are unconstitutional, and to protect individual rights and liberties.
**Legislation** #
**Legislation**
The process of making laws by the legislative branch of government #
The process of making laws by the legislative branch of government.
**Legislative veto** #
**Legislative veto**
A power of one house of Congress to reject or modify an action taken by the othe… #
A power of one house of Congress to reject or modify an action taken by the other house or by the executive branch, such as the power of the Senate to reject a treaty or a presidential nomination.
**Legislative jurisdiction** #
**Legislative jurisdiction**
The power of a legislative body to make laws on a particular subject matter, suc… #
The power of a legislative body to make laws on a particular subject matter, such as the power of Congress to regulate interstate commerce.
**Marbury v #
Madison**
The 1803 U #
S. Supreme Court case that established the power of judicial review, by holding that a section of the Judiciary Act of 1789 was unconstitutional.
**Monopoly** #
**Monopoly**
A market structure characterized by a single seller or provider of a particular… #
A market structure characterized by a single seller or provider of a particular product or service.
**Necessary and proper clause** #
**Necessary and proper clause**
The clause in the U #
S. Constitution that grants Congress the power to make all laws that are necessary and proper for carrying out its delegated powers.
**Non #
delegation doctrine**
The principle that Congress cannot delegate its legislative powers to administra… #
The principle that Congress cannot delegate its legislative powers to administrative agencies, except in limited circumstances.
**Original jurisdiction** #
**Original jurisdiction**
The power of a court to hear a case for the first time, as opposed to appellate… #
The power of a court to hear a case for the first time, as opposed to appellate jurisdiction, which is the power to review decisions of lower courts.
**Parens patriae** #
**Parens patriae**
The power of the state to act as the parent or guardian of a person who is unabl… #
The power of the state to act as the parent or guardian of a person who is unable to care for himself or herself, such as a minor or an incapacitated adult.
**Police power** #
**Police power**
The power of the state to regulate the health, safety, and welfare of its citize… #
The power of the state to regulate the health, safety, and welfare of its citizens, including the power to enact laws and regulations that promote the public interest.
**Precedent** #
**Precedent**
A previous court decision that serves as a guide or authority for subsequent dec… #
A previous court decision that serves as a guide or authority for subsequent decisions on the same or similar issues.
**Presidential veto** #
**Presidential veto**
The power of the President to reject a bill passed by Congress, which can be ove… #
The power of the President to reject a bill passed by Congress, which can be overridden by a two-thirds vote of both houses.
**Privileges and immunities clause** #
**Privileges and immunities clause**
The clause in the U #
S. Constitution that guarantees citizens of each state the privileges and immunities of citizens in other states, and that prohibits states from discriminating against out-of-state citizens.
**Procedural due process** #
**Procedural due process**
The requirement that the government follow fair and impartial procedures when de… #
S. Constitution.
**Ratification** #
**Ratification**
The process of approving a constitutional amendment or a treaty by the legislatu… #
The process of approving a constitutional amendment or a treaty by the legislatures of the states or by conventions of the people.
**Reconstruction** #
**Reconstruction**
The period following the Civil War during which Congress enacted laws and amendm… #
The period following the Civil War during which Congress enacted laws and amendments to the Constitution to protect the rights of former slaves and to rebuild the South.
**Regulation** #
**Regulation**
A rule or standard promulgated by an administrative agency to implement a law or… #
A rule or standard promulgated by an administrative agency to implement a law or policy.
**Reserved powers** #
**Reserved powers**
The powers not delegated #
The powers not delegated