Constitutional Law: Unit 2 Review

A collection of vocabulary flashcards summarizing key concepts from Constitutional Law regarding the courts, judicial philosophies, presidential powers, and landmark cases.

Dual Court System

A system of courts consisting of both federal and state courts.

Original Jurisdiction

The authority of a court to hear cases for the first time.

Appellate Jurisdiction

The authority of a court to hear appeals from a lower court.

U.S. District Courts

The lowest level of the federal court system, with 94 districts plus additional specialized courts.

U.S. Supreme Court is the only one.

The highest court in the federal court system, with only one court.

Senatorial Courtesy

A practice where the president nominates federal judges only with the approval of the senior senator from that state.

Writ of Certiorari

A request to a higher court to review the decision of a lower court.

Amicus Curiae Brief

Written briefs submitted by interested parties who are not directly involved in a case.

Per Curiam Opinion

A brief, unsigned opinion issued when the court's decision is unanimous.

Executive Privilege

The power of the president to withhold information from Congress.

Living Constitutionalism

The belief that the Constitution should be interpreted in light of modern values and societal changes.

Judicial Activism

The philosophy where judges are willing to overturn laws to protect rights or promote justice.

Federalist 70

An essay justifying the need for a single executive to avoid tyranny.

Executive Order

A rule or law issued by the president that does not require congressional approval.

Judicial Restraint

Judges uphold laws from elected branches unless unconstitutional.

Rule of Four

The requirement that four justices must agree to grant a writ of certiorari.

Clinton v. Jones

This landmark case established that a sitting president is not above the law and can face lawsuits for actions taken prior to their presidency.

Trump v. Hawaii

Restricts entry for nationals from several Muslim-majority countries, ruling it a lawful exercise of presidential power to protect national security.

Which court has original jurisdiction ONLY?

US District Court

If you wanted a jury for a criminal trial in Maryland, which court would your trial be held in?

MD Circuit Court

Who are judges appointed by?

Appointed by the president

If someone wants to appeal a state-level case to the Supreme Court, which court must that appeal come from? 

Maryland Supreme Court

If someone loses their original case in a federal court and wants to appeal, what court would they appeal to?

US Court of Appeals

A case that involves a conflict between two states would be heard in which court?

US Supreme Court due to its original jurisdiction over disputes between states.

What is a “litmus test”?

To see if the Supreme Court nominess are “ideologically pure”

What are the steps taken for a case to reach the Supreme Court?

• 1. Request of Writ of Cert 

• 2. If 4 justices agree, the cert is granted 

• 3. Lower court briefs and Amicus curia briefs (friend of the court) are submited and reviewed by the Justices

• 4. Oral argument are presented by lawyers from both sides for 30 minutes each. Justices ask clarfiying questions.

• 5. Conference- Justices meet in private to discuss and ote on the case

• 6. Opinions– Justices write an explanation of their decision.

What is the Rule of Four?

This is the amount of judges needed to agree to approve a writ of cert 

Where did Presidential Power derive from?

• Article II of the constitution

• Federalist 70 

• The framers who were afraid of a tyrant

What is Originalism?

The belief that the Constitution should be interpreted based on its original meaning

What is Strict Construction?

The idea that judges should interpret the Constitution narrowly and APPLY WHAT IS EXPLICITLY WRITTEN, without adding new meanings or rights

Loose construction

The belief that judges can interpret the Constitution BROADLY, allowing flexibility and implied powers beyond the exact wording

The Prize Cases (1863)

A landmark Supreme Court decision that addressed the President's power to initiate a blockade during the Civil War without prior Congressional approval, establishing the principle of executive power in wartime.

Myers v. United States (1938)

The power to remove appointed officials is vested in the president alone.

Humphrey’s Executor v. United States (1938)

Established the President's exclusive power to remove executive branch officials

U.S. v. Nixon

Executive privilege is not absolute

Biden v. Nebraska

A Supreme Court case concerning the legality of the Biden administration's student loan forgiveness plan.