Federalist 78 and Key Supreme Court Cases

Federalist #78

Essays by Hamilton advocating for independent judiciary and judicial review

Certiorari

Higher court's review of lower court's decision

Stare decisis

Following past judicial decisions when making legal rulings

Precedent

Legal decision serving as authoritative example for future cases

Judicial activism

Expansive interpretation of the Constitution

Judicial restraint

Limited interpretation of the Constitution

In forma pauperis

Legal procedure allowing impoverished individuals to file cases without paying fees

Opinions of the Court

Official statements explaining Supreme Court decisions

Amicus curiae briefs

Legal documents providing additional information to the court from non-involved parties

Selective incorporation

Applying Bill of Rights to states through 14th Amendment

Due process

Constitutional principle ensuring fair legal procedures when government takes life, liberty, or property

Prior restraint

Censorship or legal restrictions on speech before it happens

Symbolic speech

Nonverbal expressions protected as forms of free speech

Wall of separation

Concept promoting separation of church and state

Establishment clause

First Amendment clause preventing government from establishing a religion

Exercise clause

First Amendment clause protecting free exercise of religion

Lemon test

Standard to determine constitutionality of laws related to religion

Litmus test

Standard to determine constitutionality of laws related to religion

Search and seizure

Protection against unreasonable searches and seizures by law enforcement

Exclusionary rule

Rule excluding illegally obtained evidence from trial

Inevitable discovery

Exception to exclusionary rule for evidence discovered through legal means

Good faith

Exception to exclusionary rule for evidence obtained in good faith

Self-incrimination

Right to remain silent and avoid self-incrimination

Death penalty

Legal punishment of execution for certain crimes

Right to privacy

Constitutional right to personal privacy

Reconstruction Amendments

Amendments to end slavery, grant equal protection, and provide voting rights

Circumventing the 15th Amendment

Actions or laws denying voting rights to certain groups

Plessy v. Ferguson

Supreme Court case upholding racial segregation

19th Amendment

Amendment granting women the right to vote

ERA

Proposed amendment to prohibit discrimination based on sex

Title IX

Federal law prohibiting gender discrimination in federally funded educational programs

Lawrence v. Texas

Case that struck down laws criminalizing consensual homosexual activity

Obergefell v. Hodges

Case that legalized same-sex marriage across the United States

Affirmative Action

Policies addressing historical inequalities by providing opportunities to underrepresented groups

Bakke case

Supreme Court case dealing with affirmative action in college admissions

Marbury v. Madison

Landmark case establishing the principle of judicial review

Schenck v. US

Case involving limits on free speech during wartime

Tinker v. Des Moines

Case upholding students' free speech rights in a school setting

NY Times v. US

Case dealing with freedom of the press during the Pentagon Papers controversy

Engel v. Vitale

Case ruling against school-sponsored prayer in public schools

Wisconsin v. Yoder

Case allowing Amish families to exempt children from compulsory education laws

McDonald v. Chicago

Case applying the Second Amendment's right to bear arms to state and local governments

Gideon v. Wainwright

Case ensuring the right to counsel for indigent defendants in criminal cases

Roe v. Wade

Case establishing a woman's right to choose to have an abortion

Brown v. Board of Education

Case declaring racial segregation in public schools unconstitutional

Letter from a Birmingham Jail

Open letter by Martin Luther King Jr. advocating for civil rights and nonviolent protest