Constitution Basics
A written document establishing the structure of government and its relationship to the people.
What is the Constitution?
Powers expressly given to the national government by the Constitution.
What are delegated powers?
This strict constructionist theory sees the Constitution as a statement of unchanging fundamental principles.
What is the Bedrock View?
This clause gives Congress authority over interstate and foreign trade.
What is the Commerce Clause?
The constitutional guarantee that government cannot take rights or property without notice and opportunity to be heard.
What is due process?
The U.S. Constitution created this kind of government structure with legislative, executive, and judicial branches
What is a tripartite government?
Powers that are shared by both the federal and state governments.
What are shared powers?
This view holds that interpretation of the Constitution should change as society evolves.
What is the Living-Document View?
Congress’s power to raise money for government operations through levies.
What is the taxing power?
Classifications that must reasonably relate to the problem being addressed.
What is reasonable classification?
The Constitution created a bicameral legislative body made up of these two chambers.
What are the Senate and the House of Representatives?
The power of states to regulate for the general welfare, health, safety, and morals of their people.
What is police power?
A method of constitutional change where the Supreme Court interprets the Constitution beyond the framers’ original vision.
What is amendment by judicial interpretation?
Congress’s authority to allocate funds to promote the general welfare.
What is the spending power?
Laws or rules that discriminate based on race, national origin, or religion are examples of this.
What is improper classification?
This article outlines the process for formally amending the Constitution.
What is Article V?
Laws that retroactively make conduct illegal are examples of this type of prohibited power.
What are ex post facto laws?
A method of change where government departs from constitutional requirements over time.
What is amendment by practice?
A Supreme Court case that limited Congress’s use of the Commerce Clause.
What is U.S. v. Morrison?
A person entering another state has the right to own property, make contracts, and do business under this clause.
What are privileges and immunities?
This view interprets the Constitution as adaptable, evolving with society.
What is the Living-Document View?
Federal law overrides conflicting state law under this constitutional principle.
What is federal supremacy (preemption)?
Over time, the “center of gravity” has shifted away from the states toward this level of government.
What is the national government?
The Supreme Court has ruled that states cannot interfere with interstate commerce under this doctrine.
What is the commerce power as a limitation on states?
The Bill of Rights protects individuals and these legal entities, giving them free speech and political participation rights.
What are corporations (businesses)?