Key points plus jepoardy themes

Separation of Powers

The principle that divides government responsibilities into three distinct branches—Legislative, Executive, and Judicial—to prevent any one branch from accumulating excessive power.

Checks and Balances

A mechanism that ensures each branch of government has some measure of influence over the other branches to prevent any one branch from exerting too much control.

Legislative Branch

The component of government responsible for creating laws, managing budgetary allocations, and confirming presidential appointments to maintain legislative authority.

Executive Branch

The part of government that enforces laws, manages public policy, and includes the President who has the right to veto legislative proposals.

Judicial Branch

The segment of government that interprets laws, administers justice, and has the authority to assess the constitutionality of legislative and executive actions.

Judicial Review

The authority granted to courts to evaluate laws or actions taken by the government and invalidate them if they are found to be inconsistent with the Constitution.

Marbury v. Madison

An 1803 landmark Supreme Court case that established the principle of judicial review, affirming the Judiciary's role in interpreting the Constitution.

Youngstown Sheet & Tube Co. v. Sawyer

A significant 1952 Supreme Court case where the Court ruled that President Truman's attempt to seize steel mills was unconstitutional, demonstrating limits to executive power.

INS v. Chadha

The 1983 Supreme Court decision which determined that a one-house legislative veto is unconstitutional, thereby reinforcing the separation of powers.

Walter Nixon v. United States

The 1993 case wherein the Supreme Court ruled that judicial interference in impeachment proceedings is not permissible, as it is a political question.

Ripeness

A legal doctrine stating that a case is ____ for judicial review when the issue has matured and is ready for the Court's examination.

Mootness

A situation where a case is no longer relevant because the issue at hand has been resolved or is no longer applicable, making it unsuitable for judicial consideration.

Political Questions Doctrine

A theory asserting that some questions are better suited for resolution by political bodies rather than the judicial system, thereby limiting court involvement.

Non-Delegation Doctrine

The constitutional principle that Congress cannot transfer its legislative authority to other parties without providing specific guidelines for how that power is to be exercised.

Intelligible Principle Test

A standard used to determine if Congress has provided sufficient guidance for the delegation of its legislative powers to another entity.

Schechter Poultry Corp v. US

A 1935 Supreme Court case ruling that Congress could not delegate its lawmaking authority without clear standards, impacting the New Deal's reach.

Executive Privilege

The President's right to withhold information or documents from other branches of government to protect confidential communications in the name of national security or decision-making.

State Secrets Privilege

A legal doctrine allowing the government to refuse to disclose information in legal proceedings if it could jeopardize national security.

New York Times Co. v. United States

A 1971 Supreme Court decision affirming that the government could not suppress the publication of classified documents unless there was a clear threat to national security.

Strict Scrutiny

The highest standard of judicial review applied to laws that infringe on fundamental rights, requiring a compelling state interest and that the law is narrowly tailored.

Federalist No. 51

An essay by James Madison that articulates the need for checks and balances within government to prevent tyranny and protect individual freedoms.

Federalist No. 78

An essay by Alexander Hamilton defending the judiciary as the least dangerous branch of government, emphasizing its role in protecting rights.

U.S. v. Curtis Wright Export Corp

A 1936 Supreme Court decision affirming that the president has exclusive power over foreign affairs, establishing a broad interpretation of presidential authority.

Zivotofsky v. Kerry

A 2015 Supreme Court ruling confirming the president's exclusive authority to formally recognize foreign governments, highlighting executive power in diplomacy.

Presidential Veto Power

The constitutional ability of the president to reject legislation passed by Congress, which can be overridden by a two-thirds majority in both chambers.

Congressional Override of Veto

The process in which Congress can nullify a presidential veto by achieving a two-thirds majority in both the House of Representatives and the Senate.

Judicial Appointment Confirmation

The Senate's role in reviewing and approving the President's nominations for federal judicial positions, affecting the judiciary's makeup.

Separation of Powers Principle

The doctrine that allocates government powers to three distinct branches—Legislative, Executive, and Judicial—to avoid concentration of power.

Federalist Paper

A series of essays written in support of the ratification of the U.S. Constitution, outlining its principles and the necessity for a strong federal government.

Outcome of Marbury v. Madison

This case established the precedent for judicial review, allowing courts to strike down laws that conflict with the Constitution.

Youngstown Framework

A legal framework developed from ______ that helps assess the scope of presidential power in relation to congressional authority.

Political Questions Criteria

Factors that help determine whether a judicial case involves questions deemed more appropriate for political resolution than legal interpretation.

Judicial Check on Legislative Actions

The Judiciary's power to nullify legislative enactments that violate the Constitution, ensuring laws adhere to constitutional requirements.

Judicial Review Importance

This process is critical for maintaining the Constitution's supremacy over all laws and government actions, safeguarding individual rights.

Evolving Standards of Review

The concept that legal scrutiny can adapt to evolving societal norms and values, influencing how laws are evaluated in court.

Ambition must counteract ambition

The notion that each branch of government must possess enough power to check the others, preventing the consolidation of power.

Strict Scrutiny Requirement

When evaluating laws based on suspect classifications, the government must demonstrate a compelling state interest that is narrowly tailored.

President as 'Sole Organ'

The principle that the president uniquely represents the U.S. in foreign policy and conducts international affairs without interference from other branches.

Significance of Federalist No. 78

It clearly outlines the judiciary's role in protecting individual rights and serves as a check on legislative and executive powers.

Recognition of Foreign Governments

The exclusive authority of the president to acknowledge foreign entities, which can influence international relations and diplomacy.

Legal Standards of Review

The established criteria that courts apply to assess whether laws or actions have violated constitutional provisions.

Legal Standards and Constitutional Rights

Criteria for evaluating laws to ascertain compliance with constitutional guarantees and protecting individual freedoms.

Legitimacy of Government Power

The justification and recognition of governmental authority to implement laws and policies, derived from the Constitution and public consent.