a system in which power is divided between the national and state governments
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
a loose union of independent states
the transfer of powers and responsibilities from the federal government to the states
The powers explicitly given to Congress in the Constitution.
powers not specifically mentioned in the constitution
changing something from private to state ownership or control
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
powers that the Constitution does not give to the national government that are kept by the states
the supreme and absolute authority within territorial boundaries
constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the greatest law of the land
a government that gives all key powers to the national or central government
McChulloch v Maryland
Loose Constitutional interpretation; Constitutionality of National Bank; States cannot control government agencies
Gibbons V Ogden
Regulating interstate commerce is a power reserved to the federal government
Candidate Centered Campaigns
campaigns in which candidates set up campaign organizations, raise money, and campaign independently to other candidates in their party.
the means by which individuals can express preferences regarding the development of public policy
A system in which three or more political parties have the capacity to gain control of government separately or in coalition.
the act of officially naming a candidate
Party Centered Campaigns
election campaigns and other political processes in which political parties, not individual candidates, hold most of the initiative and influence
collective groups and interests that support a party
A shifting of party coalition groupings in the electorate that remains in place for several elections
a group of individuals with broad common interests who organize to nominate candidates for office, win elections, conduct government, and determine public policy
Election in which voters choose the candidates from each party who will run in the general election
An election system in which each party running receives the proportion of legislative seats corresponding to its proportion of the vote.
an electoral district in which voters choose one representative or official (not voting for more than one person for any position)
political party system with two major political parties
The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.
an opinion disagreeing with the majority decision in a Supreme Court ruling
an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past
review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
(law) the right and power to interpret and apply the law
Living Constitution Theory
a theory of constitutional interpretation that places the meaning of the Constitution in the context of the total history of the United States
the opinion joined by a majority of the court (generally known simply as 'the opinion')
the reason for a court's judgment (as opposed to the decision itself)
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
A method of interpreting the Constitution that emphasizes the meaning of its words at the time they were written.
an example that is used to justify similar occurrences at a later time
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Writ of Certiorari
Order by the Supreme Court directing a lower court to send up the records of a case for review
Marbury v Madison
A landmark case in United States law and the basis for the exercise of judicial review in the United States, under Article Three of the United States Constitution. The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed as Justice of the Peace in the District of Columbia by President John Adams shortly before leaving office, but whose commission was not delivered as required by John Marshall, Adams's Secretary of State. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other men's commissions. Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The Supreme Court denied Marbury's petition, holding that the statute upon which he based his claim was unconstitutional.