AP Government Chapter 14 Terms
Terms in this set (58)
the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional
a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take
One who believes that the Constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the Congress and the President
Federalist No. 78
written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions
Marbury v. Madison
established concept of judicial review, first time supreme court declared something 'unconstitutional'
created the precedent of judicial review; ruled on many early decisions that gave the federal government more power, especially the supreme court
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Gibbons v. Ogden
Regulating interstate commerce is a power reserved to the federal government
Dred Scott v. Sanford
The case that ruled that slaves were property and could not sue
Roger B. Taney
Chief Justice of the Supreme Court when Dred Scott decision was made
Court packing plan
President FDR's failed 1937 attempt to increase the number of US Supreme Court Justices from 9 to 15 in order to save his 2nd New Deal programs from constitutional challenges
a court set up by Congress under the authority of Article III of the constitution that hears both criminal and civil cases related to federal laws
a division of the trial court (federal or state), serving a specific geographic area, with only one judge usually required to hear and decide a case
courts of appeals
Federal courts that review decisions of federal district courts, regulatory commissions, &other fed. courts
Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the constitution
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Piece of paper on which the senator is asked to record his or her views on the nominee for judge.
an examination of the political ideology of a nominated judge
gang of 14
the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate Democrats.
Nominated by Regan in an attempt to push the Supreme Court in a more conservative direction.
Reagan appointee for judge, rejected due to extreme restraint views,his role in the media, his interest group involvement and his famous 'Paper Trail'
Associate Supreme Court Justice; extremely conservative
2nd African American to be a Supreme Court Justice
President Bush nominated him as an Associate Justice and he took his seat October 9, 1990
Ruth Bader Ginsburg
Second female Supreme Court justice, along with Sandra Day O'Connor
Supreme court best remembered for expanding rights of minorities and the accused.
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
A historical court which issued a number of important first Amendment decisions involving both speech and religion.
dual court system
federal and state courts
cases concerning the constitution, federal laws, or treaties
law concerned with private wrongs against individuals
law concerned with public wrongs against society
A theory of federalism saying that both the national and state governments have final authority over their own policy domains
writ of certiorari
a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
in forma pauperis
A method whereby a poor person can have his or her case heard in federal court without charge
a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
a person who brings an action in a court of law
a person or institution against whom an action is brought in a court of law
a legal rule stating who is authorized to start a lawsuit
the rule that a citizen cannot sue the government without the government's consent
class action suit
Lawsuit brought by an individual or a group of people on behalf of all those similarly situated
every federal judge employs them to research legal issues and assist with preparation of opinions
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client
an adviser to the court on some matter of law who is not a party to the case
the top government lawyer in all cases before the Supreme Court where the government is a party
per curiam opinion
a brief, unsigned court opinion
opinion of the court
An explanation of the decision of the Supreme Court or any other appellate court.
an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
an opinion that disagrees with the court's disposition of the case
Let the decision stand; decisions are based on precedents from previous cases
an issue the Supreme Court will allow the executive and legislative branches to decide
a judicial order enforcing a right or redressing a wrong
a writ issued by a court of law requiring a person to do something or to refrain from doing something
the process of accusing a public official of wrongdoing
The authority of a court to review decisions made by lower courts
authority for both state and federal courts to hear and decide cases
authority of only federal courts to hear and decide cases
the authority to hear cases for the first time
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