Constitutional Law Cheat Sheet

The core ideas of Constitutional Law distilled into a single, scannable reference — perfect for review or quick lookup.

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Quick Reference

Judicial Review

The power of courts to examine legislative and executive acts and determine whether they conform to the constitution. If an act is found unconstitutional, it is declared void and unenforceable.

Separation of Powers

The constitutional principle that divides government authority among three branches: the legislative (Congress), the executive (the President), and the judicial (the courts), each with distinct functions and the ability to check the others.

Federalism

The division of governmental power between a central (federal) government and regional (state) governments, each sovereign within its own sphere. The Tenth Amendment reserves powers not delegated to the federal government to the states or the people.

Due Process

The constitutional guarantee found in the Fifth and Fourteenth Amendments that no person shall be deprived of life, liberty, or property without fair legal proceedings. It encompasses both procedural due process (fair procedures) and substantive due process (protection of fundamental rights).

Equal Protection

The Fourteenth Amendment principle requiring that states treat all individuals in similar circumstances equally under the law. Courts apply varying levels of scrutiny depending on the classification at issue: strict scrutiny for race and national origin, intermediate scrutiny for gender, and rational basis review for most other classifications.

Freedom of Speech

The First Amendment protection against government restrictions on expression, encompassing spoken and written words, symbolic speech, and certain forms of conduct. The protection is broad but not absolute, with recognized exceptions for incitement, true threats, obscenity, and certain other categories.

Commerce Clause

Article I, Section 8 of the Constitution grants Congress the power to regulate commerce among the states. Interpreted broadly since the New Deal era, it serves as the basis for much federal regulatory legislation.

Incorporation Doctrine

The legal doctrine through which most provisions of the Bill of Rights have been applied to state governments through the Due Process Clause of the Fourteenth Amendment, a process known as selective incorporation.

Strict Scrutiny

The most rigorous standard of judicial review applied to government actions that involve suspect classifications (such as race) or infringe on fundamental rights. The government must show the law serves a compelling interest and is narrowly tailored to achieve that interest.

Executive Power and Presidential Authority

The constitutional powers vested in the President under Article II, including serving as Commander in Chief, executing federal law, conducting foreign affairs, and appointing judges and officials. The scope of inherent executive power remains a major area of constitutional debate.

Key Terms at a Glance

Amendment:A formal change or addition to the Constitution, adopted through the process outlined in Article V.

Bicameralism:The division of the legislature into two chambers: the Senate and the House of Representatives.

Bill of Rights:The first ten amendments to the U.S. Constitution, guaranteeing fundamental individual rights.

Certiorari:A writ by which the Supreme Court agrees to review a lower court decision. Granted at the Court's discretion.

Checks and Balances:The system by which each branch of government can limit the powers of the other branches to prevent abuse.

Commerce Clause:Article I, Section 8 provision granting Congress the power to regulate commerce among the states.

Compelling Interest:The highest level of governmental interest required to justify infringement of a fundamental right or suspect classification under strict scrutiny.

Constitutional Convention:The 1787 meeting in Philadelphia where delegates drafted the U.S. Constitution to replace the Articles of Confederation.

Due Process:The constitutional guarantee of fair legal proceedings before the government may deprive a person of life, liberty, or property.

Eminent Domain:The government's power to take private property for public use with just compensation, as required by the Fifth Amendment.

Enumerated Powers:The specific powers granted to Congress listed in Article I, Section 8 of the Constitution.

Equal Protection:The Fourteenth Amendment principle requiring states to govern impartially and treat similarly situated persons alike.

Executive Order:A directive issued by the President to manage operations of the federal government, carrying the force of law.

Federalism:The constitutional system dividing sovereign authority between the national government and state governments.

Fundamental Right:A right deemed so essential that any government infringement must survive strict scrutiny review.

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