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constitutional law

Commerce power

Congress has the power to regulate the channels and instrumentalities of interstate commerce.  Channels refers to the highways, waterways, and air traffic of the country.  Instrumentalities refers to cars, trucks, ships, and airplanes. Congress also has power to regulate activities that have a substantial effect on interstate commerce. 

See congressional power.

See commerce clause.

Enabling clauses

Clauses in the 13th, 14th, and 15th Amendments that provide Congress with the power to enforce those amendments by means of "appriopriate legislation".

Legislative power

The power of congress to make laws.  Additionally, as an incident to that power, congress can conduct hearings and investigations, consider those matters that form the basis on which Congress may enact legislation, and perform other duties that are "necessary and proper" to the enacting legislation pursuant to Article I, Section I.

See Congressional power.

Plenary power

Complete power over a particular area with no limitations. This term is often used to describe the Commerce Power of Congress. Under the Commerce Clause (Article I, Section 8, Clause 3) Congress is granted full power over interstate commerce. The Court has found that states are not able to pass laws affecting interstate commerce without the permission of Congress.

Jus terti

A latin term meaning third-party standing.  See standing.

Incorporation (of the Bill of Rights)

Though the Bill of Rights originally only applied to the federal government, through this legal doctrine, portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment.

 

Invidious discrimination

Treating a class of persons unequally in a manner that is malicious, hostile, or damaging.

Absolute disparity

Definition

A calculation used to analyze a claim that a jury pool did not represent a fair cross-section of the community. Calculated by subtracting the percentage of a group in the jury pool from the percentage of that group in the general population.

Illustrative caselaw

See, e.g. Berghuis v. Smith, 130 S.Ct. 1382 (2010).

See also

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