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Originalism

This approach to interpretation suggests the Constitution's meaning upon ratification is fixed and should be followed, with changes only coming through the formal amendment process.

Judicial activism

This is a legal philosophy where judges interpret laws in ways that go beyond precedent or the strict text of the law, often to address social issues or protect individual rights.

Judicial restraint

This is a legal philosophy where judges are cautious about overturning laws or declaring them unconstitutional. Justices uphold the decisions of the legislative and executive branches unless a law is clearly and flagrantly unconstitutional.

John Marshall

This soldier, attorney, and American statesman became the fourth and longest serving Chief Justice of the Supreme Court. He is best known for expanding federal power over states' rights.

Original jurisdiction

This is the judicial level where trials are conducted, evidence is presented, and a verdict is determined. It is a court's power to hear a case for the first time, before it goes to any other court.

Plaintiff

This term refers to the party that initiates a lawsuit and is named first in a case.

Defendant

This term refers to the individual or entity accused of a crime in a criminal case or the party being sued in a civil case.

Procedural due process

This term refers to the constitutional requirement that when the government acts in such a manner that denies a person of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.

Concurring opinion

This refers to a separate judicial opinion that agrees with the majority's final decision in a case but for different reasons than those stated in the majority opinion.

Precedent

This is the legal principle or rule established in a previous court case that is used as an authority for deciding subsequent, similar cases

The Federalist, No. 78

Alexander Hamilton argues in this essay that the judicial branch would be the weakest of the three branches of government because it lacked the power of "the sword or the purse."

Amicus brief

This is a legal document filed by someone who is not a party to a case but has a strong interest in the outcome.

Indian Citizenship Act, 1924

Signed by President Coolidge, this legislation was a response to the contributions of Native Americans, particularly those who served in World War I.

Marbury v Madison, 1803

This is a Supreme Court case that established the principle of judicial review which means the Supreme Court has the power to declare laws passed by Congress unconstitutional and therefore void if they conflict with the Constitution.

Schenck v. United States, 1919

This is a Supreme Court case that established that the government can restrict free speech if it creates a "clear and present danger" of a significant threat that Congress has the right to prevent.

Gitlow v. New York, 1925

This case was significant because it was one of the first to apply the Bill of Rights to state governments through a process called selective incorporation. Specifically here, the government can restrict speech that advocates for the violent overthrow of the government.

Buck v Bell, 1927

This Supreme Court case affirmed a state government's right to forcibly sterilize individuals deemed "feebleminded" or genetically unfit. The ruling upheld Virginia's eugenics law, allowing states to sterilize people they considered a detriment to society.

Brown v Board of Education, 1954

This Supreme Court decision declared racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine. The unanimous ruling stated that separate educational facilities are inherently unequal.

Gideon v Wainwright, 1963

This Supreme Court case established that the government must provide legal counsel to any defendant in a criminal case who cannot afford one. This decision, rooted in the Sixth and Fourteenth Amendments, means public defenders are a necessity to ensure a fair trial.

McDonald v City of Chicago, 2010

The Supreme Court ruled in this case that the Second Amendment's right to keep and bear arms, previously applied only to the federal government, is now also a restriction on state and local governments through the Fourteenth Amendment's Due Process Clause. This means states and their political subdivisions cannot infringe on this right.