AP GOVERNMENT Vocab Unit 7: 1-33

appellate jurisdiction

the authority of a court to hear and review decisions made by lower courts in that system

senatorial courtesy

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

A formal writ used to bring a case before the Supreme Court.

rule of four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

solicitor general

A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government.

amicus curiae brief

a brief filed by someone who is not a party to a case in an attempt to persuade the Court to agree with the arguments set forth in the brief

stare decisis

the practice of letting a previous legal decision stand

judicial restraint

a philosophy of constitutional interpretation that asserts justices should be cautious in overturning laws

judicial activism

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

class action suits

Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.

original jurisdiction

the authority of a court to hear a case first, which includes the finding of facts in the case

district courts

the lowest federal courts; federal trials can be held only here

courts of appeal

Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.

precedents

a judicial decision that guides future courts in handling similar cases

judicial implementation

How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The courts rely on other units of government to enforce their decisions.

political questions

A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.

statutory construction

The judicial interpretation of an act of Congress. In some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws.

Marbury v. Madison

a Supreme Court decision that established judicial review over federal laws

McCulloh v. Maryland

Supreme Court decision that (1819) established the supremacy of the national govt. over state governments.

Schenck v. U.S.

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule. [1st Amendment not applied to clear and present danger]

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. [Equal protection clause]

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren. [1st Amendment, Establishment Clause, separation of Church and state]

Baker v. Carr

case that est. one man one vote. this decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state [Equal protection clause]

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government [6th amendment - the right to counsel]

Tinker v. Des Moines

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption [Free speech, freedom of expression]

New York Times Co. v. U.S.

If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security. [1st amendment right to free press against prior restraint]

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - right to freedom of religion

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester. [Right to privacy, 14th Amendment]

Shaw v. Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. [Equal Protection Clause]

U.S. v. Lopez

Second Amendment - gun laws about schools not related to interstate commerce and not under federal authority; U.S. congress exceeded its authority under commerce clause

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

Citizens' United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

Federalist No. 78

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches