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Judicial Review
a courts authority to review the constitutionality of of legislative & executive acts TERM 2
Writ of certiorari
DEFINITION 2 A writ of certiorari is a discretionary device used by the Supreme Court to choose the cases it wishes to hear. TERM 3
Originalism
DEFINITION 3 the belief that the United States Constitution should be interpreted in the way the authors originally intended it TERM 4
Justiciability
DEFINITION 4 the limits upon legal issues over which a court can exercise its judicial authority. TERM 5
Mootness
DEFINITION 5 a matter is moot if further legal proceedings with regard to it can have no effect.
Ripeness
ripeness refers to the readiness of a case for litigation; a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all TERM 7
Standing
DEFINITION 7 The legal right to bring a suit before a court. an individual must show that he or she has been harmed in a real way, not merely that he or she might be harmed in the future. TERM 8
Separation Doctrine
DEFINITION 8 apoliticaldoctrineoriginating from the United States Constitution, according to which thelegislative,executive, andjudicialbranches of the United Statesgovernmentare kept distinct in order to prevent abuse of power. TERM 9
Enumerated powers
DEFINITION 9 The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. TERM 10
Implied powers
DEFINITION 10 powers authorized by a legal document which, while not stated, are seemed to be implied by powers expressly stated.
Articles of Confederation
an agreement among the 13 founding states that legally established the United States as a confederation of sovereign states and served as its first constitution. TERM 17
Marbury v.
Madison
DEFINITION 17 Cemented the Concept of Judicial reviewGave the SC greater power over the federal government(Judicial Review) TERM 18
Martin v. Hunter's Lessee
DEFINITION 18 State of Va refused to abide by us/uk treaty (give loyalist his land back)Gave the SC power over the state Court of appealsCemented the SC as the highest Court in the land (its verdict is final)(Judicial Review) TERM 19
Ex parte McCardle
DEFINITION 19 Leading example for curbing the SCs powerCongress was empowered to take a way the SC's Appellate JurisdictionPrevented the SC from deciding the constitutionality of the Reconstruction Act(Curbing the Courts Power) TERM 20
Korematsu v. United States
DEFINITION 20 Concerned the Constitutionality of Executive OrderFocus of Japanese internment on the west coast during 2nd world war.Court Declared concentration camps legal bc they were at war with Japan not because of a race.Separation of Powers
Brown v. BoE
Declared Segregation (seperate but equal) was fundamentally unconstitutionalViolation of equal protection Clause TERM 22
Frothingham v.
Mellon
DEFINITION 22 The SC rejected Taxpayer Standingsought to prevent certain federal government expenditures which Frothingham & Mass considered to violate theTenth AmendmentCourt dismissed the case b/c the plaintiffs had incurred no personal injury from the act of congress(standing) TERM 23
Flast v. Cohen
DEFINITION 23 established a "double nexus" test which a taxpayer must satisfy in order to have standing1. establish a logical link between [taxpayer] status and the type of legislative enactment attacked2.the taxpayer must show the challenged enactment is generally beyond the powers delegated to Congress by Article I, Section 8.(standing) TERM 24
Schechter Corp v. United States
DEFINITION 24 rendered theNational Industrial Recovery Act(part of the new deal)unconstitutionalit invalidated regulations of the poultry industry according to thenondelegation doctrinean invalid use of Congress' power under thecommerce clause.Example of how the SC can curb the power of the federal branch if its majority is packed by a previous president from the opposite side of the political spectrum TERM 25
Clinton v. City of New York
DEFINITION 25 uled that theline-item vetoviolated thePresentment Clauseof theUS Constitutionit impermissibly gave the Presidentthe power to unilaterally amend or repeal parts ofstatutesthat had been duly passed by theUnited States Congress
