Untitled Flashcards Set

Original Intent

Interpreting cases based on what the founders intended when they wrote the Constitution.

Textualism

Deciding cases based on the literal meaning of the Constitution.

Stare Decisis

Make decisions based on past precedent; 'Let the decision stand.'

Judicial Review

The power of federal courts to review and strike down government actions that are incompatible with the Constitution.

Justiciability

The restriction of the court to ‘cases’ and ‘controversies’ only.

Lemon Test

A three-pronged test to determine if a law violates the Establishment Clause: must have a secular legislative purpose, must not advance nor inhibit religion, and must not foster excessive government entanglement with religion.

Standing

The requirement that the appropriate party must bring a case, showing a concrete injury or imminent danger.

Separationist

A belief in a practically complete separation between church and state.

Clear and Present Danger Test

A test used to determine whether speech can be restricted if it poses a clear and present danger of substantive evils.

Marbury v. Madison (1803)

Established the principle of judicial review, allowing courts to review and nullify government actions conflicting with the Constitution.