Chap 3 Vocab

judicial review

the power of the courts to declare laws and actions of the local and state governments or the national government invalid if they are found to contradict the US Constitution

judicial independence

judges are not subject to pressure or influence and are free to make impartial decisions based solely on fact and law

judicial activism

an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions (antonym of judicial restraint)

judicial restraint (stare decisis)

“let the precedent (decision) stand”, the doctrine that a court should follow the previous decisions of other courts on cases in which the facts are substantially the same, plays a key role in common law systems such as those of Britain and the US (antonym of judicial activism)

checks and balances

in american constitutional thought, distributing and balancing the powers of the government among different branches so that no one branch or individual can completely dominate the others

separation of powers

the division of the powers of government among the different branches, a primary strategy of promoting constitutional or limited government by ensuring that no one individual branch has excessive power that can be abused

lifetime appointments

standard applied to Supreme Court justices, states that judges may serve as long as their lifetime, unless removed from office or they resign (good behavior clause), created to preserve the total independence of the judiciary (won’t be swayed towards certain decisions for fear of being removed from office)

Constitutional supremacy/authority

Article 6 Paragraph 2 of Constitution aka Supremacy Clause establishes the idea that federal law and federal constitution generally take precedent over state laws and even state constitutions

amendment

a change in or addition to a legal document

delegated powers

according to natural rights philosophy, people always retain their basic rights but provisionally entrust or assign certain powers to their gov for certain, limited purposes, these powers are thus granted by the people - but the people can take them back if the gov fails to fulfill its purposes

party system

a concept in political science that political parties control the government

patronage

support, often financial, given by a person or institution to a person, group, or institution in need

platform

list of the policies and priorities of a political party, aka a manifesto

political party

an organization seeking to achieve political power by electing members to public office so that its political philosophy is reflected in public policy

sedition

conduct or speech inciting people to rebel against the authority of a state or monarch

ticket

the choice of candidates of a political party for president or vice president

abolitionists

opponents of slavery who wished to put an end to the institution

literacy test

a test to prove a person’s abilities to read and write, until 1964, such tests were used in various states to prevent minorities from voting

poll tax

a tax that voters in many states were required to pay in order to exercise their right to vote, these barriers were used until 1964 to prevent African Americans from voting

secession

in US history, the act of states leaving the Union in 1861 following the election of President Lincoln; precipitated the Civil War

adversary system

a system of justice in which court trials are essentially contest between the accuser and accused that take place before an impartial judge or jury

due process of law

a requirement stated in the 5th and 14th amendment that treatment by state and federal gov in matters of life, liberty, or property of individuals be reasonable, fair, and follow known rules and procedures

fundamental rights

rights such as those to life, liberty, and property, considered more important than other, non-basic rights, aka basic rights

incorporation

the process through which the US Supreme Court applied the due process clause of the 14th amendment to extend the reach of the Bill of Rights to include protection from interference of states

inquisitorial system

a trial system in which a judicial official of set of officials acts as both prosecutor and judge, questioning witness, examining evidence, and reaching a verdict

procedural due process

the principle that gov must respect all, not some, of a person’s legal rights, gov must not subject individuals to unreasonable, unfair, or arbitrary treatment (is the law fair?)

substantive due process

judicial interpretation of the due process clauses of the US Constitution requiring the consent of law to be fair and reasonable (does the gov have the right to bring action in the first place?)