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Judicial Restraint
The view that judges should decide cases strictly on the basis of the language of laws and the Constitution.
Judicial Activism
The view that judges should apply the principles and provisions of the Constitution to modern circumstances.
Constitutional Courts
Federal courts authorized by Article III of the Constitution that keeps judges in office for life during good behavior.
District courts
The lowest federal courts that have original jurisdiction over most federal cases.
Courts of Appeals
Federal courts that hear appeals from district courts. They review each case for possible errors.
Supreme Court
The highest court in the United States, made up of nine justices.
Legislative courts
Courts created by Congress for specialized purposes, such as the U.S. Tax Court.
Litmus test
A consideration of the political ideology of a nominated judge.
Judicial Review
The power of the courts to declare laws unconstitutional.
Writ of certiorari
An order by a higher court directing a lower court to send up a case for review.
Marbury v. Madison
Landmark Supreme Court case that established the court's power of judicial review.
Plaintiff
The party that initiates a lawsuit.
Standing
A legal rule stating who is authorized to start a lawsuit.
Precedent
The principle set by the court in one case that will be used as the basis for deciding future cases.
Class-action suit
A case brought by an individual that will impact that person and all others similarly situated.
Original Jurisdiction
The authority of a court to hear a case first.
Appellate Jurisdiction
The authority of a court to hear a case brought to them on appeal from a lower court.
Brief
A written statement by an attorney that summarizes a case and the laws and rulings that support it.
Amicus curiae brief
A brief submitted by a "friend of the court" to provide the court with additional information on a case.
Opinion of the Court/Majority Opinion
The judicial opinion agreed upon by more than half of the members of the court that explains the reasoning of the court's decision.
Concurring opinion
A signed opinion in which one or more members agree with the majority view, but for different reasons.
Dissenting opinion
A signed opinion that features the perspective of those justices who disagreed with the majority opinion.
Stare decisis
"Let the decision stand" or allowing prior rulings to determine the court's stand on a current case.
Senatorial Courtesy
Unwritten custom that the Senate will not approve a judicial nomination if opposed by a senator from the state in which the nominee is to serve.
. Rule of Four
In order for a case to be granted certiorari, four justices must agree that the case is worthy to be heard.
. Amendment
A new addition to the Constitution that has been proposed by Congress and ratified by the states.
Direct (Participatory) Democracy
A government in which the people govern themselves and individually vote on matters of policy.
Indirect (Representative) Democracy
A model of democracy in which the people are represented by leaders they elected.
Elite Democracy
Model of democracy in which a small number of people, usually those who are wealthy or have a large share of influence, control political decisions.
Pluralist View/Pluralism
The belief that effective public policy is the result of competition among multiple different interests and groups.
Natural Rights
Rights inherent to all people that are not dependent upon the government.
Articles of Confederation
The constitution that administered America's first government, which was characterized by a loose league of friendship between states and a weak central government.
Constitutional Convention
Meeting of delegates in 1787 that was initially called to revise the Articles of Confederation, but ultimately led to the formation of the nation's current Constitution.
Shay's Rebellion
An uprising that brought attention to the weaknesses of the Articles of Confederation.
Virginia Plan
Constitutional convention proposal to create a stronger national government with a bicameral legislature.
New Jersey Plan
Constitutional convention proposal that maintained a unicameral legislature and was preferred by smaller states.
Great Compromise
Agreement to have a popularly elected House based on state population and a state selected Senate, with equal membership for each state.
Three-Fifths Compromise
Agreement that slaves would be counted as three-fifths of a person for the purposes of representation and taxation.
Judicial Review
The power of the courts to declare laws unconstitutional.
Social Contract
Agreement in which the government derives their power from the consent of the governed and in exchange, the people agree to limit their rights and participate in an ordered society.
Federalism
System in which power is divided between national and state or local governments.
Federalist Papers
A collection of essays/articles designed to rally support for the ratification of the Constitution.
Faction
A group with distinct political interests; highlighted in Federalist #10.
Federalists
Those citizens who favored a stronger national government and generally supported the ratification of the Constitution.
Anti-Federalists
Those citizens who favored a weaker national government and generally opposed the ratification of the Constitution.
Checks and Balances
Constitutional principle that grants each branch some ability to limit the authority of the other branches.
Separation of Powers
The Constitutional principle that divides the powers of government into three distinct branches.
Popular sovereignty
The principle that the authority of the government is created and sustained by the consent of its people.
Bill of Rights
The first 10 amendments to the Constitution
Amendment
A new addition to the Constitution that has been proposed by Congress and ratified by the states.
Writ of habeas corpus
An order to produce an arrested person before a judge so that reason may be given as to why that person is in custody.
Limited Government
The government is restrained in their lawful use of power and may only exercise those powers assigned to it in the Constitution.
Bicameral legislature
A lawmaking body made up of two chambers or houses.
Quorum
The minimum number of members who must be present for business to be conducted in Congress.
Franking privilege
The ability of congressional members to mail letters to their constituents free of charge by using their signature for postage.
Majority leader
The legislative leader elected by party members holding the majority of seats in the House or the Senate.
Minority leader
The legislative leader elected by party members holding the minority of seats in the House or the Senate.
Whip
A senator or representative who assists the party leader by staying informed about the voting decisions of other members.
Party polarization
A strong division in the views of Republicans and Democrats on the legislative agenda.
Congressional caucus
A group of congressional members that meet to pursue a common legislative agenda.
Standing committees
Permanently established legislative committees that review and consider bills in both the House and Senate.
Select committees
Congressional committees appointed for a limited time and usually for an investigative purpose.
Joint Committees
A committee made up of members from both the House and the Senate.
Conference committees
A joint committee appointed to iron out the differences in the Senate and House versions of the same bill.
Discharge petition
A device used to force a bill that has been stuck in committee for over thirty days, out onto the floor.
Unanimous consent
a request or agreement setting the terms for the consideration or debate of a specified bill or other measure.
Political/policy agenda
Issues that people believe require governmental action.
Logrolling
Practice of legislators trading mutual support for their legislative proposals
Divided government
Occurs when different parties control the White House and Congress.
Unified government
Occurs when the same party controls the White House and both houses of Congress.
Hold
A stalling approach by which a senator asks to be informed before a particular bill is brought to the floor; tactic used to stop a bill from reaching the floor.
Earmarks
: "Hidden" congressional provisions that designate money for specific projects or programs.
Pork barrel legislation
Legislation that provides benefits to constituents in a particular district or state in the hope of winning their votes in return. For example: providing funding to build a bridge in a particular city.
Trustee
Descriptive of elected representatives who use their best judgment when making legislative voting decisions.
Delegate
Descriptive of elected representatives who base their legislative voting decisions on the desires and opinions of their constituents.
Politico
Descriptive of elected representatives who balance their constituents' opinions with their best judgment when making legislative voting decisions.
Cloture rule
A process used by the Senate to end or limit debate/filibusters.
Filibuster
An attempt to stall or defeat a bill in the Senate by talking for an extended period of time.
Gerrymandering
The practice of drawing districts in unusual shapes for the political advantage of one political party or group.
Reapportionment
The practice of redistributing House seats every ten years according to census data.
Malapportionment
The practice of distributing House seats into unequal districts, which diminishes certain district's representative voice.
Redistricting
The redrawing of legislative district lines after the census has been taken, to accommodate population shifts and ensure equal representation.
Constituency
The individuals who live in the area an elected official is representing.
Gridlock
The inability of the government to act because opposing parties control different parts of the government and cannot agree on a course of action.
Formal Power
Authority given to the president that is specifically mentioned in the Constitution.
Informal Power
Authority given to the president that is not specifically mentioned in the Constitution.
Executive Order
A directive that carries the weight of law that is given by the president without the consent of Congress.
Executive Agreement
A pact between the president and the head of a foreign nation. Unlike treaties, they do not require Senate consent and may only last for the duration of a president's term.
Treaty
A formal, public agreement between the United States and one or more nations that must be approved by two-thirds of the Senate.
Cabinet
The heads of the fifteen executive branch departments that also serve as advisors to the president.
Bully pulpit
The president's use of his position and visibility to guide or influence the American public.
State of the Union
An annual address given by the president to Congress in which the president outlines his legislative agenda.
Executive Privilege
The president's ability to keep certain communications private. United States v. Nixon clarified its limitations.
. 22nd Amendment
This provision of the Constitution limits presidential terms to two, not to exceed 10 years.
25th Amendment
This provision of the Constitution states the process for presidential succession and disability.
Veto
The presidential power to deny a bill passed by Congress.
Pocket veto
When a bill fails to become law, because the president did not sign it within 10 days before Congress adjourned.
Line-Item Veto
The power to cancel specific dollar amounts within a bill. While the Supreme Court has ruled presidents may not use these, state governors still can.
Signing statement
Issued by the president after passing a bill into law; reveals what the president thinks of a new law and how it ought to be enforced.
Impeachment
The constitutional process of bringing charges against a government official.