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These vocabulary flashcards distill the major constitutional doctrines, landmark cases, Federalist Paper themes, and program-specific rules discussed in the lecture notes, providing concise definitions for efficient exam review.
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Independent State Legislature Theory
The idea that a state’s legislature has exclusive authority under the Elections Clause to regulate federal elections, free from state-court review; rejected in Moore v. Harper (2023).
Elections Clause
Article I, §4 of the U.S. Constitution, empowering each state’s legislature to prescribe the time, place, and manner of federal elections, subject to Congress’s override.
Moore v. Harper (2023)
Supreme Court decision rejecting the independent-state-legislature theory and confirming that state courts may review state election laws for state-law compliance.
Standing
The constitutional requirement that a plaintiff show an injury-in-fact, traceability, and redressability to invoke federal jurisdiction.
Redressability Requirement
Element of standing demanding that a favorable court decision is likely to remedy the plaintiff’s injury.
United States v. Texas (2023)
Case holding that Texas and Louisiana lacked standing to challenge federal immigration-enforcement guidelines because their claimed injuries were not judicially redressable.
Selective-Prosecution Claim
A defendant’s equal-protection challenge seeking to halt his own prosecution on grounds of discriminatory enforcement, not to compel prosecution of others.
Lujan v. Defenders of Wildlife (1992)
Leading precedent establishing the modern three-part standing test: injury-in-fact, causation, and redressability.
Biden v. Nebraska (2023)
Decision striking down the Secretary of Education’s pandemic loan-forgiveness plan; addressed state standing via alleged financial harm to MOHELA.
MOHELA
Missouri-created nonprofit student-loan servicer whose projected revenue loss formed the basis for Missouri’s standing claim in Biden v. Nebraska.
Dormant Commerce Clause
Judicial doctrine barring states from passing legislation that improperly burdens or discriminates against interstate commerce.
National Pork Producers Council v. Ross (2023)
Supreme Court ruling upholding California’s animal-welfare law, rejecting a per se extraterritoriality bar under the dormant Commerce Clause, and limiting Pike balancing.
Pike Balancing Test
Standard from Pike v. Bruce Church (1970) allowing courts to strike state laws whose burdens on interstate commerce are clearly excessive relative to local benefits.
Federalist No. 10
James Madison’s essay arguing that a large republic best controls factions and protects minority rights.
Faction (Federalist Context)
A group of citizens, majority or minority, united by interests adverse to other citizens’ rights or community interests.
Federalist No. 51
Essay explaining how separation of powers and checks and balances preserve liberty and prevent governmental overreach.
Checks and Balances
Constitutional mechanisms by which each branch of government can limit the powers of the others to prevent tyranny.
Separation of Powers
Division of governmental powers among legislative, executive, and judicial branches, each with distinct functions.
Federalist No. 78
Alexander Hamilton’s defense of an independent judiciary with life tenure and the power of judicial review.
Judicial Independence
Freedom of judges from external pressures, supported by life tenure and protection against salary diminution.
Life Tenure (Article III)
Provision that federal judges hold office during good behaviour, ensuring stability and independence.
Judicial Review
Power of courts to invalidate legislative or executive acts that conflict with the Constitution.
Marbury v. Madison (1803)
Landmark case in which Chief Justice Marshall established the Supreme Court’s authority of judicial review.
Writ of Mandamus
Court order compelling a government official to perform a nondiscretionary duty; central remedy sought in Marbury v. Madison.
Original vs. Appellate Jurisdiction
Original: a court’s power to hear a case first; Appellate: authority to review lower-court decisions; Article III fixes the Supreme Court’s original categories.
Supremacy Clause
Article VI provision making the Constitution and federal laws the supreme law of the land, overriding conflicting state laws.
Martin v. Hunter’s Lessee (1816)
Decision affirming Supreme Court appellate review of state-court judgments involving federal questions.
Cooper v. Aaron (1958)
Case declaring that state officials are bound by Supreme Court interpretations of the Constitution.
Counter-Majoritarian Difficulty
Scholarly concern that judicial review allows unelected judges to override democratic majorities.
Articles of Confederation
America’s first constitution (1781-1789) that created a weak central government lacking taxation and commerce powers.
Annapolis Convention (1786)
Poorly attended meeting that highlighted defects of the Articles and led to the 1787 Constitutional Convention.
Constitutional Convention (1787)
Philadelphia gathering that drafted the current U.S. Constitution to replace the Articles of Confederation.
Vesting Clauses
Opening sections of Articles I, II, and III that confer legislative, executive, and judicial powers respectively.
Limited and Enumerated Powers
Principle that the federal government possesses only those powers granted by the Constitution.
Natural Born Citizen Clause
Constitutional requirement that the President be a natural born citizen of the United States.
Commerce Clause
Article I, §8 power enabling Congress to regulate interstate and foreign commerce.
Presidential Commission on the Supreme Court (2021)
Advisory body that studied potential reforms to the Supreme Court’s structure and function.
Writ of Certiorari
Order by which the Supreme Court agrees to review a lower-court case; not explicitly in notes but implicit in appellate process.
Circuit Courts (Judiciary Act)
Intermediate federal courts created by Congress to ease Supreme Court workload and provide local access to justice.
ABA 20-Credit Limit
American Bar Association rule capping law-student enrollment at 20 credits per term, applicable to Dual J.D. students.
13/29 Rule (Windsor Law)
Requirement that Dual J.D. students take 13-18 credits each term and 29-32 credits per academic year.
Anti-Requisite
Courses that may not be taken together due to overlapping content, e.g., Windsor’s Business Associations vs. Detroit Mercy’s Business Organizations.