Con Law Terms

Originalists believe that Constitutional interpretation should be based on original intent/Strict constructionists read the Constitution literally, and consider exact wording.

something is "transformed" if it serves a different purpose, adds new expression, or conveys new ideas.

A legal test. Individuals have a reasonable expectation of privacy for things that are normally protected from government examination. If government intrusion into an individual's person or property interferes with this expectation of privacy, then it constitutes a search.

explains the legal reasoning of justices who disagree with the majority opinion.

explains the legal reasoning of the majority of Supreme Court justices regarding a case

explains the legal reasoning of a justice who agrees with the majority but for different reasons.

Preamble, Articles, Amendments

the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional

You cannot pass a law and then have it apply to a past crime.

When the court’s ruling only applies to the specific case-- doesn't set a precedent.

A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights.

Illegally obtained evidence cannot be used in court

When two different circuits (courts of appeals in a different regions) interpret the law in different ways.

Permission to have the case go to the supreme court -- it's a formal request to call up the lower court case and appeal it

4 justices need to agree to take up a case on the Supreme Court

District, Appeals, Supreme

attorneys from both sides of a case present their arguments and answer the justice's questions in front of the court. each side has 30 minutes.

2/3 of house, 2/3 of senate, and 3/4 of states

Nominated by the President and confirmed by the United States Senate

14th amendment clause that prohibits states from denying equal protection under the law

1) Constitutional amendment 2) By a new ruling of the Court

legal principle that a law must be written specifically to achieve the intended goals of the law.

A term used to identify government laws or decisions that favor/disfavor certain opinions on a particular controversy.

If one right must be restricted to protect another right, the restriction must be as minimal as possible.

A legal concept that says if you give information to third parties, such as banks or phone companies, you forfeit the privacy for that information

1800s case establishes the Supreme Court's power of Judicial Review.

Questions of political matter were decided should be taken up by the other branches, not the Supreme Court.

27 amendments

Reasonable suspicion is a reasonable presumption that a crime has been, is being, or will be committed. Reasonable suspicion is more than a guess or hunch but less than probable cause, which is a higher standard than reasonable suspicion. Probable cause is based on facts and evidence rather than suspicion.

you must demonstrate that you are harmed by the law/policy/situation you bringing to court

allows police, under some circumstances, to seize evidence that’s in plain sight without a warrant

law enforcement cannot be held accountable for Constitutional violations

exception to an "illegal" search -- if a mistake is made (ex: wrong date is written on a warrant) and the search is therefore considered "illegal", the judges will acknowledge the honest mistake and allow for the obtained evidence to be used in court.

latin for “listen up”

a case that becomes authority for future similar cases -- you can refer to a previous case that dealt with a similar situation to support a current argument.

case/argument information that lawyers send to the justices in advance of the oral argument

Grants citizenship to all persons "born or naturalized in the US," and provides all citizens with "equal protection under the laws" -- meaning they have equal access to the law/courts and are treated equally by the law/courts.

Chief Justice John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Ketanji Brown Jackson.

Article 3 establishes that the judicial branch should consist of one Supreme Court and various inferior federal courts that Congress can establish.

The lower court decision stands.

an appeal is when you take a case to the next highest-level court and have them review the previous court decision, which they can either uphold or reverse.

The lower court decision stands.

Loose constructionists consider the principles of the original language and how they can apply to today

94 District, 13 Appeals

Free exercise gives us the right to believe and practice any religion (or none at all). Establishment prohibits the government from favoring/disfavoring certain religions.

means “to stand by things decided” in Latin. Similar to precedent, stare decisis is a legal principle where a court aligns its decision with a similar previous ruling.

The Solicitor General argues on behalf of the United States in cases before the Supreme Court.

A landmark case is one that has great historic and legal significance. Landmark cases have a large and lasting impact, often impacting individuals and our rights or the way a certain law or amendment is applied.

Refers to judges making decisions based on their political views rather than their interpretation of the law.

Explicit rights are clearly stated in the constitution, like the right to free speech. Implicit rights are not clearly written but are implied by the language of explicit rights that is present in the Constitution.

means "in [the] place of a parent" — refers to the legal responsibility of a person or group to take on some of the responsibilities of a parent

The attorney general represents the United States in legal matters, and advises the President and executive department heads on legal matters when necessary.

Symbolic speech is something that conveys a message without being written or spoken. For example, flag burning or wearing a certain symbol.

If there is a person/group who is not directly involved in a court case, but has strong interest in the matter, they can ask the court for permission to write a brief intending to influence the court decision.

When the Supreme Court is the first and only court to hear a case — doesn’t go through lower level courts first.

The person who brings a case against another person/group in court.

refers to laws that apply to all expression, regardless of the subject matter/message. They tend to regulate when/where/how things can be said instead of what can be said.

Refers to implicit rights provided by the Constitution that are inferred based on explicit rights provided by the Constitution.

Two standards: 1. compelling government interest 2. least restrictive means/narrowly tailored

Being color-blind means ignoring someone’s race completely. Being color-conscious means being aware of someone’s race to consider them in the context of their identity/background.

a solution to a legal issue