Judicial Review and Constitutional Interpretation

Flashcards covering key concepts related to the legal model, judicial review, and constitutional interpretation.

Marbury v. Madison

The first Supreme Court case that declared an act of Congress to be unconstitutional.

Constitutional Supremacy

The principle that the Constitution controls any legislative act that is repugnant to it.

Supremacy Clause

Article VI of the US Constitution that establishes the Constitution and federal laws as the supreme law of the land.

Judicial Review

The power of the courts to declare acts unconstitutional and therefore void.

Statutory Interpretation

The process of determining the precise meaning of laws.

Counter-majoritarian Difficulty

The challenge that judicial review poses to democratic principles by invalidating laws enacted by elected representatives.

Departmentalism

The idea that each branch of government can interpret the Constitution independently of the others.

Judicial Independence

The concept that judges are free from political pressure and can make decisions based solely on the law.

Originalism

The judicial philosophy of interpreting the Constitution according to its original meaning at the time of ratification.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Judicial Activism

The practice of judges making rulings based on personal or political considerations rather than existing law.

Textualism

A method of interpretation that focuses on the literal meaning of the Constitution's text.

Structuralism

An interpretive approach that analyzes the structure of the Constitution to derive its meaning.