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Commerce Clause
This line (Article I, Section 8, Clause 3) in the Constitution
gives Congress power "to regulate commerce with foreign nations,
among the several states and with Indian tribes." It governs
more than just the exchange of goods and services for money. It
is also the basis by which Congress enacts social policy involving
environmental, criminal and civil rights laws, and senators will
likely ask about the candidate's views on it.
Doctrinal
Method of constitutional interpretation that involves applying
rules generated from precedent, i.e., previous court decisions.
Ethical
Method of constitutional interpretation based on perceived moral
commitments and principals inherent in the Constitution.
 Judicial
Activism
Describes judges who create rights not explicitly stated
in the Constitution or overturn laws they deem are unfair. Often
used to describe liberal judges, but conservatives practice it,
too.
Judicial Review
Principle established by the Supreme Court in 1803 that
allows the court to strike down laws it deems unconstitutional.
Judiciary Committee
Senate committee charged with weighing a presidential nominee
to the Supreme Court, as well as all other nominees to the federal
bench, and making a recommendation to the whole Senate as to whether
the nominee should be confirmed.
Living Document
The idea that the Constitution and its meaning grows and
changes as society changes.
Original Intent
A philosophy of Constitutional interpretation based on
an attempt to understand the intent of the authors of the Constitution
when they wrote and adopted it.
Originalist
One who bases interpretation of the Constitution on the original
meaning of the words in the document.
Precedent
Past decisions by the Supreme Court and other benches that form
the established judicial thinking on a given subject.
Prudential
Method of constitutional interpretation that involves weighing
the costs and benefits of laws and policies to society as a whole.
Stare Decisis
Latin for "let the decision stand." The ideas that previously
decided Supreme Court cases set binding precedents that are considered
law.
Strict Constructionist
One who strictly interprets the Constitution as it was written.
Structural
Method of constitutional interpretation based on rules determined
by relationships between the branches of government as mandated
in the Constitution.
Textual
Method of constitutional interpretation based on the text as it
would be interpreted by a reasonable person.
-- Compiled from the Oxford Companion
to the Supreme Court of the United States, the Associated Press
and other media sources
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