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Judicial Review

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The power of courts to declare laws unconstitutional. (Court given this power from Marbury v. Madison)

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Strict Construction

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way of interpreting the Constitution that allows the federal government to take only those actions the Constitution specifically says it can take (similar to judicial restraint approach)

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Judicial Activist

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(similar to loose construction) philosophy that argues that judges should discover general principles in the Constitution

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Federalist No. 78

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Written by Alexander Hamilton. Described the judiciary as the "least Dangerous" branch to political rights. He said the president is the "sword of the community," and Congress "commands the purse." The judicial branch has "neither force nor will but merely judgment."

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Brutus Papers

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Made up of anti-Federalist fears; discusses the need of a Bill of Rights, the fears of Constitutional Drift in the government outlined by the constitution, worried about the government's power to tax, and argued against the Large-Republic theory

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Marbury v. Madison

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(1803) Marbury was a midnight appointee of the Adams administration and sued Madison for commission. Chief Justice Marshall said the law that gave the courts the power to rule over this issue was unconstitutional. established judicial review (judiciary act of 1789)

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John Marshall

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Supreme Court Chief Justice, created concept of judicial review, made federal law dominant, believed the power granted by the Constitution to the federal government flows from the people and thus should be generously construed

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McCulloch v. Maryland

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1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldn't interfere. Also said that the government had the right to borrow money because of the "necessary and proper" clause

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Gibbons v. Ogden

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(J.Marsh) interstate commerce, In this Marshall Court case, the U.S. Supreme Court invalidated a state monopoly and reaffirmed Congress' power to oversee commerce between states. Of all the cases that have interpreted the scope of congressional power under the commerce clause, none has been more important than this "steamboat case." The case established a basic precedent because it paved the way for later federal regulation of transportation, communication, buying and selling, and manufacturing. Today, little economic activity remains outside the regulatory power of Congress.

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Dred Scott

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A black slave, had lived with his master for 5 years in Illinois and Wisconsin Territory. Backed by interested abolitionists, he sued for freedom on the basis of his long residence on free soil. The ruling on the case was that He was a black slave and not a citizen, so he had no rights. (Made Missouri Comp Uncon)

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Court Packing Plan

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Because the Supreme Court was striking down New Deal legislation, Roosevelt decided to curb the power of the Court by proposing a bill to allow the president to name a new federal judge for each who did not retire by age 70 and 1/2. At the time, 6 justices were over the age limit. Would have increased the number of justices from 9 to 15, giving FDR a majority of his own appointees on the court. The court-packing bill was not passed by Congress.

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Constitutional Court

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A federal court authorized by Article III of the Constitution that keeps judges in office during good behavior (can't be fired) and prevents their salaries from being reduced. they are the Supreme Court (created by the Constitution) and appellate and district courts created by Congress

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District Court

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The lowest, yet most important federal court; federal trials can be held only here. (at least one in each state, a total of 94)

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Courts of Appeals

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Federal Courts that hear appeals form district courts; no trials (one in each 11 districts plus DC and Puerto Rico)

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Legislative Courts

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Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution. They include the Court of Military Appeals and the territorial courts.

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Senatorial Courtesy

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An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator.

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Blue Slips

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a blue piece of paper on which the senator is asked to record his views on the nominee for senatorial courtesy. A negative opinion or failure to return the blue slip often leads to a void nomination

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Litmus Test

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In political terms, a person's stand on a key issue that determines whether he or she will be appointed to public office or supported in electoral campaigns. It examines a nominees political ideology

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Gang of 14

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a group of seven Democratic and seven Republican Senators, all of whom agreed to oppose the nuclear option and oppose filibusters of judicial nominees, except in extraordinary circumstances. They made it possible for several nominees to be confirmed even though they had fewer then 60 votes

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William Rehnquist

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United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice (born in 1924) There were many arguments among the senate whether or not he should become Chief Justice

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Robert Bork

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During Reagan administration, was supposed to be associate justice but Senate denied, Reagan appointee for judge, rejected due to extreme restraint views, his role in the media, his interest group involvement and his famous 'Paper Trail'

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Antonin Scalia

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Conservative associate justice (chosen instead of Bork)

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Clarence Thomas

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Conservative Bush nominee for Supreme Court. Tried to avoid the litmus test by saying he had not formed an opinion on prominent abortion cases. Anita Hill (former employee) said he sexually abused her

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David Scouter

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Conservative Bush nominee for Supreme Court. He refused to discuss maters on which he might later have to judge

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Ruth Bader Ginsburg

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Clinton: an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice (after Sandra Day O'Connor) and the first Jewish female justice.

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Warren Court

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time when Earl Warren led the Supreme Court and controversial decisions were made expanding civil rights, the chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism (liberal)

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Burger Court

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a conservative jurist appointed by Nixon that nonetheless continued the judicial activism of the Warren Court as seen by Roe v. Wade; this was due to the other members of the court rather than his own liberal beliefs

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Rehnquist Court

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The description given the United States Supreme Court from 1986 to the present (led by Chief William H. Rehnquist). It is marked by its conservative rulings, cutting back on the rights of the accused and expanding the concept of federalism.

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Dual Court System

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The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level.

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Federal Question Cases

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Cases concerning the Constitution, federal laws or treaties

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Civil Law

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A law that governs relationships between individuals and defines their legal rights.

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Criminal Law

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A law that defines crimes against the public order.

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Dual Sovereignty

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State and federal courts can persecute the same person for the same crime

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Writ of Certiorari

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An order by a higher court directing a lower court to send up a case for review. To grant cert. one or both of the following must be true: 1. two or more federal circuit courts of appeals have decided the same issue in different ways 2. The highest court in a sate has held a federal or state law to be in violation of the Constitution or has upheld a state law against the claim that it is in volition of the constitution

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In forma pauperis

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A method whereby a poor person can have his or her case heard in federal court without charge

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Free Shifting

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A rule that allows plaintiff to recover costs from the defendant if the plaintiff wins

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Plaintiff

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A person or party filing a lawsuit (the injured party)

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Defendant

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In a criminal action, the person or party accused of an offense.

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Standing

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a legal rule stating who is authorized to start a lawsuit: 1. There must be real adversary 2. You must be able to prove you have been harmed Also merely being a tax payer does not permit you to sue the government

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Class Action Suit

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A case brought by someone to help both himself or herself and all others who are similarly situated (ex.brown v.board of education)

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Law Clerk

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a person who does most of the legal research for a Supreme Court justice

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Briefs

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A written statement by an attorney that summarizes a case and the laws and rulings that support it

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Amicus Curiae

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A brief submitted by a "friend of the court" It is from an interested party not directly involved in the suit

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Solicitor General

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The third-ranking officer in the Justice Department, who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.

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Per curiam opinion

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A brief unsigned court opinion

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Opinion of the Court

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A signed opinion of majority of the Supreme Court

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Concurring Opinion

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A signed opinion in which one or more members agree with the majority view but for different reasons

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Dissenting Opinion

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A signed opinion in which one or more justices disagree with the majority view

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State Decisis

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"Let the decision stand" or allowing prior ruling to control the current case.

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Political Question

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An issue the Supreme Court will allow the executive and legislative branches to decide (ex. size of congressional districts)

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Remedy

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A judicial order enforcing a right or addressing a wrong

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Court Order

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a writ issued by a court of law requiring a person to do something or to refrain from doing something

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Appellate Jurisdiction

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Authority of court to review a decision of a lower court or administrative agency.

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Concurrent Jurisdiction

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Authority for both state and federal courts to hear and decide cases

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Exclusive jurisdiction

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Authority of only federal courts to hear and decide cases

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Original jurisdiction

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The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

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