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Judicial Review

Allows courts to determine the constitutionality of laws.

Marbury v. Madison (1803)

Established the principle of judicial review.

Judicial Activism

Judges create public policy through rulings.

Judicial Restraint

Judges follow precedent and use the Constitution as a guideline.

Original Jurisdiction

Cases that go directly to the Supreme Court.

Appellate Jurisdiction

Cases that review decisions made by lower courts.

Rule of Four

Four justices must agree to hear a case.

Writ of Certiorari

Grants appeal to the court (requests review of lower court decision)

Stare Decisis

The principle of letting a decision stand; following previous court rulings.

Five Freedoms of the First Amendment

Religion, Press, Assembly, Speech, and Petition.

Establishment Clause

Prohibits the establishment of a state religion.

Free Exercise Clause

Grants freedom of religion.

Lemon Test

Purpose of aid must be secular

Cannot promote/inhibit religion

No excessive entanglement

No Bills of Attainder

Legislative acts that punish a person without trial (prohibited).

No Ex Post Facto Laws

Laws that apply retroactively (prohibited).

Writ of Habeas Corpus

Must be charged with a crime and have due process after arrest.

Incorporation Doctrine

States must follow the Bill of Rights.

Miranda Rights

Rights of individuals taken into police custody.

Freedom of Speech

The right to express one's opinions without censorship.

Libel

Written defamation of character.

Slander

Oral defamation of character.

Clear and Present Danger Test

A standard to determine when speech can be limited.

Right to Privacy

The right to a private life free from governmental intrusion.

Griswold v. Connecticut (1965)

Established the right to privacy regarding contraception.

Roe v. Wade (1973)

Upheld the right to abortion based on privacy rights.

McDonald v. Chicago (2010)

Incorporated the Second Amendment against state laws.

Exclusionary Rule

Prevents illegally obtained evidence from being used in court.

Due Process Rights

Rights protecting individuals from arbitrary denial of life, liberty, or property.