Understanding the United States Constitution: Key Terms and Concepts, Quizzes of Political Science

Download Understanding the United States Constitution: Key Terms and Concepts and more Quizzes Political Science in PDF only on Docsity! TERM 1 Declaration of Independence DEFINITION 1 "we the people" "to form a more perfect union" TERM 2 Articles of Confederation DEFINITION 2 The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was the first constitution of the United States and specified how the Federal government was to operate, including adoption of an official name for the new nation, United States of America. -VERY weak. -Still managed to end the Revolutionary War and sign the Treaty of Versailles. TERM 3 Article III DEFINITION 3 Article Three of the United States Constitution establishes the judicial branch of the federal government. -One Supreme Court -justices get life tenure -Jurisdiction in: ------federal law (including treaties) ------case involving a federal office holder - -----diversity jurisdiction -Defines treason TERM 4 First Amendment DEFINITION 4 free speech free press right to petition gov't for grievances religion TERM 5 Second Amendment DEFINITION 5 right to keep & bear arms TERM 6 Third Amendment DEFINITION 6 no quartering of soldiers TERM 7 Fourth Amendment DEFINITION 7 no unreasonable searches & seizures reasonable = warrant! TERM 8 Fifth Amendment DEFINITION 8 right to a grand jury no double jeopardy no self-incrimination fed gov't cannot deprive any person of "life, liberty, or property" w/o due process of law. TERM 9 Sixth Amendment DEFINITION 9 right to speedy & public trial by impartial jury be informed of criminal charges confront witnesses legal defense counsel TERM 10 Seventh Amendment DEFINITION 10 right to jury trial in civil cases TERM 21 original jurisdiction DEFINITION 21 The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision. TERM 22 writ of certiorari DEFINITION 22 Certiorari is a type of writ seeking judicial review, recognized in Roman, English, Philippine and American law. TERM 23 amicus curiae brief DEFINITION 23 An amicus curiae (also spelled amicus curi; plural amici curiae) is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it. TERM 24 oral arguments DEFINITION 24 justices often ask questions and become involved with oral arguments // briefs & records are submitted ahead of time by both parties. TERM 25 opinion assignment DEFINITION 25 if in the majority, the CJ assigns who will write the opinion. If the CJ is not in the majority, the most senior justice assigns the opinion. TERM 26 opinion of the Court DEFINITION 26 In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. TERM 27 concurring opinion DEFINITION 27 In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. TERM 28 dissenting opinion DEFINITION 28 A dissenting opinion (or dissent) is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. TERM 29 per curiam opinion DEFINITION 29 majority opinion written by the court as a whole used with the case isn't important OR very controversial used in Bush v. Gore TERM 30 seriatim DEFINITION 30 many opinions at once every justice writes his/her opinion no authoritative voice of the court used in the early days of the Court prior to Marshall TERM 31 limitations on judicial power DEFINITION 31 1. needs jurisdiction 2. must be a real case ready for trial (cases & controversies clause) ***no advisory opinions ***cannot be moot, there must be standing, and case must be ripe ***cannot be a "political question" TERM 32 case or controversy DEFINITION 32 The Case or Controversy Clause of Article III of the United States Constitution says that the courts may only hear a case if it is a "true case and controversy" TERM 33 standing DEFINITION 33 Parties must have a stake in the proceedings in order to have standing TERM 34 ripeness DEFINITION 34 In United States law, 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." For example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. TERM 35 mootness DEFINITION 35 In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. TERM 46 Benefits of Marbury v. Madison DEFINITION 46 JR helps to improve checks and balances. /// Sup Ct is a more stable branch and thus can more easily interpret the Const. TERM 47 writ of habeas corpus DEFINITION 47 ' (Latin meaning "you are to have the body") is a writ, or legal action, through which a prisoner can be released from unlawful detention. TERM 48 extent of power of judicial review DEFINITION 48 can declare something unconst'al /// leg. can override JR w/ a con. amendment /// leg. can pass a law preventing Sup. Ct from hearing cases concerning a particular subject /// Sup Ct cannot enforce decisions, relies on its legitimacy TERM 49 should Supreme Court have judicial review? DEFINITION 49 most people are not against JR in today's world, but judicial restraint calls for a limited use of JR. not specifically in the const, but functions as an effective check and balance on leg & exec. branches. TERM 50 judicial power in presidential elections DEFINITION 50 Bush v. Gore: Sup Ct helped decide elections // if there a tie, it would go tot he house of reps. // Sup Ct can't official decide an election. TERM 51 appropriate role of the Sup Ct DEFINITION 51 protect individual liberties / rights!!!!! /// be careful not to overstep bounds. TERM 52 dilemma as outlined by Pacelle DEFINITION 52 "Is Sup Ct concerned w/ legal analysis or is it co-equal branch of policy-making?" // Judges MAKE policy = political!!! // activism vs. restraint // dual role: restraint in most cases, activism in civil rights; double standard // TERM 53 traditional vs. expanded definition of judicial activism DEFINITION 53 traditional: judges do not presume const'ality & validity of gov't actions; often hold leg. unconst'al //// expanded: rewrite statutory provisions; overturn precedent or distinguish current case so precedent no longer applies; interpret const. broadly TERM 54 traditional vs. expanded definition of judicial restraint DEFINITION 54 traditional: judges presume const'ality & validity of gov't actions; uphold leg. /// expanded: fill in gaps in statutes consistent w/ leg. intent; defer to existing precedent; interpret const. narrowly TERM 55 justices' concern over legitimacy DEFINITION 55 justices completely rely on legitimacy to ensure that their rulings are enforced. If they lose legitimacy, rulings will be ignored. EXAMPLE: school prayer. TERM 56 dual role as suggested by Pacelle DEFINITION 56 Double Standard: Activism in regard to civil liberties, Restraint in regard to everything else // this would enhance legitimacy & authority TERM 57 original intent DEFINITION 57 Original intent is a theory in law concerning constitutional and statutory interpretation. // Meese // Figure out what the Framers meant and do it. // ISSUES: the framers didn't have an opinion on internet technology or stem cell research; the world changes. TERM 58 legitimate interpretation DEFINITION 58 J. Brennan: what do the words of the Const. mean in OUR time?? // const. as a living doc. // ISSUE: how do you decide when the const. evolves?? Example: when does the death penalty become cruel? TERM 59 precedent DEFINITION 59 In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. TERM 60 stare decisis DEFINITION 60 Stare decisis (Anglo-Latin pronunciation: ) is a legal principle by which judges are obliged to respect the precedents established by prior decisions. TERM 71 McGrath v. Kristensen (1950)- J. Jackson's concurrence DEFINITION 71 It's important to follow stare decisis in order to ensure that there is continuity in the laws. TERM 72 Article I of the US Constitution DEFINITION 72 Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. TERM 73 Article II of the U.S. Constitution DEFINITION 73 Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. TERM 74 Article IV of the U.S. Constitution DEFINITION 74 Federalism // Full Faith & Credit // Privileges & Immunities TERM 75 Article V of the US Constitution DEFINITION 75 Amending Article TERM 76 Article VI of the U.S. Constitution DEFINITION 76 Supremacy Clause TERM 77 Article VII of the U.S. Constitution DEFINITION 77 Ratification of Constitution TERM 78 Eleventh Amendment (1795) DEFINITION 78 Citizens of one state cannot sue another state in federal court TERM 79 Twelfth Amendment (1804) DEFINITION 79 electoral college amended // 2nd place winner no longer VP TERM 80 Thirteenth Amendment (1865) DEFINITION 80 abolished slavery TERM 81 Fourteenth Amendment (1868) DEFINITION 81 Slaves are citizens TERM 82 Fifteenth Amendment (1870) DEFINITION 82 slaves can vote TERM 83 Sixteenth Amendment (1912) DEFINITION 83 Income tax TERM 84 Seventeenth Amendment (1913) DEFINITION 84 Direct election of senators TERM 85 Eighteenth Amendment (1919) DEFINITION 85 prohibition