Constitutional Law

Descriptive reasoning

tells us the way things are

Normative reasoning

the way things SHOULD be

Opinions

written explanations, usually written by one justice but joined by at least four others

Majority opinion

the opinion for the court

concurring opinions

some justices part of the majority will write an opinion explaining their own views

Dissenting opinions

justices who disagree with majority

per curium

by the court, sometime written to keep the justice anonymous or meaning the vote was unanimous

Holding

the major decision of law in the opinion for the court, or main decision

Dictum

additional commentary beyond the holding

Precedent

when lower courts hear cases, they are required to follow SCOTUS’s holdings. (not dicta)

argument

the reasons that led up to the opinion

Originilism

view that the constitution should be interpreted by looking at how it was understood when it was first adopted

Living Constitutionalism

view that the constitutions meaning should evolve to keep up with the social, economic, and cultural changes.

Stare Decisis

to stand by which has been decided

Silent overruling

SCOTUS won’t state outright that it is overturning precedent, but it is clear from their implications

Distinguish

distinguishing issues in one case from previous cases, which avoids overruling precedent, and at the same time not needing to apply a previous holding to a current case.

Federalism

the system of shared and divided governance between the fed. government and the states.

Enumerated powers

powers for the federal government in the constitution that limits the government

Police power

states acting in ways that promote the public good

Policy issues

gov. has to decide whats best. Decided by elected leaders, like congress or the president

Constitutional issue

does the constitution allow the gov. to act? Judges decide questions about what laws.

Statutes

laws established by the legislative (congress)

Case Law

body of law that comes from the decisions of courts hearing particular cases

Judicial Review

judiciary responds to the behavior of other branches, they only get involved when the person harmed by the other branches brings a lawsuit.

Interstate commerce clause

congress uses the ICC to legislate widely on areas like public health, civil rights, and environmental protection, and interstate crimes.

Spending Clause

congress can promote its policies by attaching conditions to money it gives to states.

Supremacy clause

the constitution and the laws made by the fed. gov. thereafter is the supreme law of the land.

Judiciary Act of 1789

Passed by congress that set up a system of lower courts

Circuit court of appeals

Hear arguments about weather district courts did their job

District court

Judged in these courts oversee trials, often issue interpretation of laws, in accordance with precedent

Pro se

Taking a case by yourself

En banc review

Entire circuit court hears a case, only way for circuit court to overturn its own decision

Writ of certiorari

SCOTUS has discretion to take or refuse cases

docket

Lists of cases they have

Original jurisdiction

Cases that start in scotus: like state v. state

Appellate Jurisdiction

Cases that start lower that are appealed by higher court

Cert

Request for the Supreme Court to take the case

Appeal

Reversal of the decision of the lower court

Legislate

Make or enact laws

Bill

A draft or a proposed law presented to the legislative body

Bicameralism

A system of government where the legislature is divided into to separate houses

10th amendment

All non enumerated powers are reserved to the states

selective incorporation

some of the bill of rights does also apply to the states

state action doctrine

legal principle that constitutional rights only restrict the rights of the government.

Marbury V. Madison

set the precedent of Judicial review

McCulloch V. Maryland

set the precedent of federal supremacy, and implied powers. Was about states taxing federal banks congress set up through the their enumerated powers.

West Virginia Board of education v. Barnette

This case was about how making students salute to the american flag was defying their 1st amendment right of free speech and religious freedom. It overulled the precedent that was made in the case Minersville school district v. Gobitis

United States V. Alvaraz

ruled the stolen valor act as unconstitutional

14th amendment

has the citizenship clause, and the equal protection clause, due process clause (state).