Constitutional Law Flashcards
Strict scrutiny /ˈskruːtəni/ 严格标准
Under Constitutional law, a strict scrutiny standard of review requires the government to prove that the challenged law or classification serves a compelling state interest and that the law or classification is necessary to serve that interest.
Intermediate scrutiny
Under Constitutional law, an intermediate scrutiny standard of review requires the government to prove that the challenged classification serves an important state interest and that the classification is at least substantially /səb’stænʃəli/ related to serving that interest.
Rational basis
Under Constitutional law, a rational basis standard of review requires the challenger to prove that the challenged law or classification is not rationally related to a legitimate interest.
Standing
Under Constitutional law, standing is the ability of a party to demonstrate to the court a sufficient connection to and harm from the law or acton challenged to support that party’s participation in the case.
Ripeness
Under Constitutional law, a claim is ripe when the facts of the case have mature into an existing controversy warranting judicial intervention.
Treaty ( treaty power)
Under Constitutional law, a treaty is an agreement between the United States and a foreign country that is negotiated by the President and is effective when ratified by Senate. A valid treaty, like other federal law, is considered the supreme law of the land.
Executive agreements
Under Constitutional law, executive agreements are agreements between the United States and a foreign country, effective when signed by the President and the head of the foreign country.