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Article VI vs. 10th Amendment Tension
The conflict between the federal supremacy established in Article VI and the states' rights protected by the 10th Amendment.
Federalist #10
An essay by James Madison discussing the dangers of factions and advocating for a large republic to mitigate their effects.
Separation of Powers
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
Checks and Balances
A system that ensures that no one branch of government becomes too powerful, enabling each branch to limit the powers of the others.
Veto Power
The constitutional right of the president to refuse to sign a bill into law, preventing its enactment.
Judicial Review
The power of courts to assess whether a law is in compliance with the constitution.
Original Jurisdiction
The authority of a court to hear a case for the first time, as outlined in Article III of the Constitution.
Appellate Jurisdiction
The power of a higher court to review and revise the decision of a lower court.
Standing
The legal right to initiate a lawsuit, requiring sufficient connection to and harm from the law or action challenged.
Judicial Power - Article III
Federal judicial power extends to all cases in law and equity arising under the Constitution, federal law, and between different states' citizens.
Marbury v. Madison
The landmark Supreme Court case that established the principle of judicial review, empowering the Court to overturn unconstitutional legislation.
Compact Theory
The theory that the Constitution is a compact among sovereign states, giving them the right to judge breaches and the corresponding remedies.
Nullification
The theory that states have the right to void any federal law deemed unconstitutional.
Ripeness
A justiciability doctrine determining whether a case is ready for litigation, assessed by timing and reasonableness.
Mootness
A concept that refers to a situation where a court can no longer provide a remedy because the issue is resolved or no longer relevant.
Political Questions Doctrine
The principle that some questions are not appropriate for judicial review because they are constitutionally committed to another branch of government.
Impeachment - House vs. Senate
The House of Representatives has the sole power to impeach federal officials, while the Senate has the sole power to try impeachments.
Nondelegation Doctrine
The constitutional principle that Congress cannot delegate its legislative powers to other entities without providing an intelligible principle.
Line Item Veto
The power of a president to reject specific provisions of a bill without rejecting the entire bill, ruled unconstitutional in Clinton v. City of New York.
Executive Orders
Directives issued by the President to manage the operations of the federal government.
Sole Organ Theory
The theory that the president is the primary representative of the United States in foreign relations.
Fast Track Authority
A provision allowing expedited legislative approval for trade agreements with simple majority requirements.
Executive Privilege
The right of the president and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches.
State Secrets Privilege
The legal principle that allows the government to withhold information from legal proceedings if it could harm national security.
Korematsu v. United States
A landmark Supreme Court case that upheld the wartime internment of Japanese Americans, citing national security.
Boumediene v. Bush
The Supreme Court ruling that Guantanamo detainees have the constitutional right to habeas corpus.
Accountability and Immunities
Legal concepts surrounding the responsibility of public officials and the protections available to them to maintain self-governance.
U.S. Term Limits v. Thornton
A Supreme Court case ruling that states cannot impose term limits on members of Congress beyond those specified in the Constitution.
Federalism
A system of government in which power is divided between a central authority and constituent political units (like states).
Bill of Rights
The first ten amendments to the United States Constitution, guaranteeing individual liberties and rights.
Amendment Process
The method by which the Constitution can be altered, requiring approval by two-thirds of both houses of Congress and three-fourths of the state legislatures or conventions.
Due Process Clause
A clause in the 14th Amendment that prohibits states from denying any person 'life, liberty, or property, without due process of law'.
Equal Protection Clause
A clause in the 14th Amendment that requires each state to provide equal protection under the law to all people within its jurisdiction.
Political Action Committees (PACs)
Organizations that raise money privately to influence elections or legislation, particularly at the federal level.
Interest Groups
Organizations of people with shared objectives that seek to influence public policy to achieve those goals.
Enumerated Powers
Specific powers granted to Congress by the Constitution, outlined in Article I, Section 8.
Implied Powers
Powers not explicitly stated in the Constitution but are inferred from the Elastic Clause (Necessary and Proper Clause), allowing Congress to enact legislation necessary to exercise its enumerated powers.
Supremacy Clause
A clause in Article VI of the Constitution asserting the precedence of federal law over state laws.
Shay's Rebellion
An armed uprising in 1786-1787 by debt-ridden Massachusetts farmers protesting against state economic policies, highlighting the weaknesses of the Articles of Confederation.
Federalist Papers
A series of 85 essays written by Alexander Hamilton, James Madison, and John Jay supporting the ratification of the Constitution.
Electoral College
A body of representatives from each state that formally elects the President and Vice President of the United States.
Override
The process by which Congress can reverse a presidential veto with a two-thirds majority vote in both houses.
Census
The official count of a population, which occurs every ten years in the United States and affects congressional representation.
Gerrymandering
The manipulation of electoral district boundaries to favor a particular political party or group.
Preamble
The introductory statement of the Constitution that outlines the purpose and guiding principles of the government.
Judiciary Act of 1789
An act that established the federal judiciary system and outlined the structure of the Supreme Court.
Constitutional Convention
The gathering of delegates in 1787 in Philadelphia to draft the Constitution of the United States.
