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by: Estelle Prosacco


Estelle Prosacco
GPA 3.84


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Class Notes
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This 3 page Class Notes was uploaded by Estelle Prosacco on Saturday September 12, 2015. The Class Notes belongs to POLS 4740 at University of Georgia taught by Marietta in Fall. Since its upload, it has received 36 views. For similar materials see /class/202228/pols-4740-university-of-georgia in Political Science at University of Georgia.

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Date Created: 09/12/15
Glossary of Terms Article I the first Article of the Constitution dealing with the Legislative Branch election rules powers and limitations of Congress Article II the Executive Branch election and powers of the President Article III the Judicial Branch selection powers and limits of the Supreme Court Article IV interstate relations full faith and credit among states extradition new states guarantee of republican government Article V amendment Article VI the Nation as a whole debts Supremacy Clause oaths of office Article VII ratification balancing a convention of reading the Constitution because the Constitution embodies contradictions some parts must be weighed or balanced against others bong hits what one does for Jesus in Alaska seeMarse v Frederick 2007 chronological reading a convention of reading the Constitution because of the amendment process parts of the document are altered by later parts especially the Fourteenth Amendment Common Law Constitutionalism one of the four major schools of constitutional interpretation grounded in the idea that respect for precedent creates the best foundation for a stable system and new circumstances should be dealt with through incremental changes that offer workable rules compelling state interest the standard to override a fundamental right under the strict scrutiny test that the government is pursuing a necessary goal which cannot be achieved by less restrictive means comprehensive reading a disputed convention of reading the Constitution that we should not read clause by clause but take the whole document into consideration which leads to the concept of transcendence differentiation a convention of reading the Constitution that each word has a distinct meaning and does not repeat other parts of the document due process a constitutional principle that recognized legal procedures must be followed ruling out arbitrary state action grounded in the Fifth and Fourteenth Amendments equal protection evolving standards of decency federalism fighting words fundam ental right fundamental rights doctrine Hamdi Heller incorporation Interstate Commerce Clause Korematsu a constitutional principle that all persons must be accorded the same rights regardless of category distinctions such as race gender or religion a foundation of a living constitutional approach the idea that as we grow as a society our principles evolve with us such that something that did not violate the Constitution earlier may do so now the constitutional principle that our system divides powers between the national and local governments maintaining a large realm of local autonomy a Supreme Court precedent that expressions which by their very nature are likely to inspire a violent response are not protected by the First Amendment Chaplinsky v New Hampshire 1942 a right that is intrinsic to a scheme of ordered liberty ie the constitutional order of individual liberty and dignity would be significantly harmed if the right were violated the Supreme Court doctrine that some rights are fundamental and some are not39 those that are fundamental are incorporated against state governments and receive the highest form of constitutional protection requiring strict scrutiny see incorporation selective incorporation total incorporation Hamdi v Rumsfeld 2004 a major Supreme Court case ruling that unlawful combatants must be allowed access to a neutral third party tribunal such as a military tribunal but not full access to federal courts DC v Heller 2008 a major Supreme Court case ruling that the Second Amendment right to bear arms is an individual fundam ental right the effect of the Fourteenth Amendment applying the Bill of Rights to state and local government as well as federal actions see selective incorporation and total incorporation the constitutional provision in Article I allowing the Legislative Branch to regulate certain kinds of economic transactions it has been a foundation of the expansion of federal power39 from a federalist perspective the clause applies only to transactions that are truly national in scope while local trade is outside of federal bounds from a living constitutionalist perspective the clause has broadened federal power as interstate trade has affected more aspects of American life and the realm of truly local trade has decreased Korematsu v US 1944 a major Supreme Court ruling that the Japanese exclusion from the West Coast during World War II was constitutionally permissible one of the onl rulings that strict scrutiny and a compelling state interest had Lawrence Living Constitutionalism McDonald ordered liberty Originalism Phelps police power pre amble precedent premise priv acy Privileges and Immunities Clause been met in order to abridge a fundamental right due to war and impending invasion Lawrence el al v Texas 2003 a major Supreme Court case overturning sodomy laws grounded in the doctrine that morality is not a rational basis for law altering the traditional police power to regulate in the interests of the safety health and morality of the people one of the four major schools of constitutional interpretation grounded in the idea that as society evolves the principles as well as premises of the Constitution adapt to the needs of the people McDonald v Chicago 2010 a major Supreme Court case ruling that the individual right to bear arms applies to local governments the Second Amendment is incorporated against the states the constitutional principle that rights and responsibilities are linked specifically that individual liberty to act is combined with the collective liberty to maintain a decent society39 the balance between individual freedom and local regulatory power one of the four major schools of constitutional interpretation grounded in the idea that the intent or meaning of the document established by the Founders is the guiding means of understanding the Constitution Snyderv Phelps 2011 a major free speech case on the limits of indecent behavior in a free society the ability of local government to regulate society for the protection of the safety health and morals of citizens the 52 words introducing the Constitution discussing the actors actions and purposes of the document a prior decision of the Supreme Court which the Court should respect under the principle of stare decisis a perception of reality or a social fact such as the personhood o a etus a protected constitutional liberty under the line of cases beginning with Griswold that intimate personal decisions are outside of the realm of state contro one of the three key clauses of the Fourteenth Amendment providing all constitutional protections against state and local government though this line of protection was ignored following the Slaughter House Cases in favor of selective incorporation of the Bill of Rights against the states


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