judicial review

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Article III

the section of the Constitution that deals primarily with establishing the Supreme Court as the head of the Judicial Branch of the national government. It also explains what cases shall be tried by the Supreme Court.

Article III Court

a court established under Article III of the Constitution

Executive privilege

The power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government

"Geneva Convention"

refers to "Convention relative to the Treatment of Prisoners of War, Geneva July 27, 1929" It was an agreement of how to treat prisoners of war

Habeas corpus

Judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement

Judicial Review

the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official

Jurisdiction Stripping

Because the Constitution grants Congress the power to define the Court's jurisdiction, the Court acknowledges that Congress has the right to make some legislative or executive actions un-reviewable

Midnight Appointments

last-minute judges appointed by Adams when it was clear he wasn't going to get re-elected. All of the judges were Federalists with the same views and Adams.

Missouri Compromise of 1820

Congressional act that regulated slavery in western territories, mostly newly emerging states. It prohibited slavery above the 36 degree 30' line in the Louisiana Purchase territories, except for the state of Missouri. Maine would also be added to the Union as a free state to make the number of free states and slave states equal to each other.

Standard of Review

The Court can only strike down a law on the grounds that the law is unconstitutional. Theoretically, this prevents the Court from misuse of its power.

Supremacy Clause

Article VI clause 2 of the Constitution, which establishes the Constitution, all federal statutes, as well as U.S. treaties hold the power as the supreme law of the land. Judges must uphold these laws even if state laws or constitutions are in conflict.

Uniform Code of Military Justice definition

The body of laws that governs military persons in their conduct as military personnel.

United States v. U.S. District Court

Also known as the Keith case, was a landmark United States Supreme Court decision that upheld, in a unanimous 9-0 ruling, the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat.

Writ of Certiorari

a type of writ seeking judicial review

Writ of Mandamus

an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail

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