Legal Framework of Marbury v. Madison and Judicial Review

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240 Terms

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Judicial Review

Court's power to determine law constitutionality.

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Marbury v. Madison

Case establishing judicial review in 1803.

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Supremacy Clause

Federal law overrides state law conflicts.

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Fundamental Law

U.S. Constitution as primary legal authority.

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Checks and Balances

System preventing any government branch from dominance.

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Civil Liberties

Individual rights protected from government infringement.

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Legal Doctrine

Framework for interpreting laws and rights.

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Stare Decisis

Legal principle of adhering to precedent.

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Strict Scrutiny

Highest standard of judicial review for laws.

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Intermediate Scrutiny

Moderate standard for evaluating government actions.

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Rational Basis

Lowest standard, favors government actions.

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Legitimacy Crisis

Public support essential for judicial authority.

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Civil Libertarian

Advocate for individual rights and freedoms.

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Restrictive

Conservative approach limiting individual liberties.

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Fourth Amendment

Protects against unreasonable searches and seizures.

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Precedent

Previous court decisions guiding future cases.

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Burden of Proof

Responsibility to prove claims in court.

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Compelling Interest

Government's strong justification for law restrictions.

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Narrowly Tailored

Law must specifically achieve its intended purpose.

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Administrative Law

Rules created by government agencies.

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Statutory Law

Laws enacted by legislative bodies.

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Classic Law

Process of how a bill becomes law.

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Judicial Supremacy

Supreme Court's final authority on constitutional interpretation.

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Brown v. Board

1954 case addressing school segregation issues.

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Individual Rights

Entitlements granted to individuals by law.

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Governmental Power

Authority exercised by government entities.

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Legal Doctrine in Civil Liberties

Framework for resolving rights disputes.

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Compelling Interest

Government must justify restrictions on rights.

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Least Restrictive Means

Narrowest way to achieve government interest.

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Legal Question

The specific legal issue the court addresses.

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Court's Ruling

The court's decision on the legal question.

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Legal Doctrine

Established principles guiding judicial decisions.

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Selective Incorporation

Applying key rights to states via 14th Amendment.

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Establishment Clause

Prohibits government from establishing a religion.

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Freedom from Religion

Protection against government-imposed religious practices.

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Lemon Test

Criteria for evaluating government involvement with religion.

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Secular Purpose

Government action must have a non-religious intent.

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Neutrality Principle

Government must neither promote nor inhibit religion.

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Separationists

Advocates for strict separation of church and state.

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Accommodationists

Support limited government accommodation of religion.

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Child Benefit Theory

Indirect aid to individuals benefiting religious organizations.

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Everson v. Board of Education

Case allowing indirect aid to religious schools.

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Lemon v. Kurtzman

Established criteria for government-religion entanglement.

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Excessive Entanglement

Too much government involvement with religious organizations.

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Official Surveillance

Government monitoring of religious organizations' activities.

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Pervasive Sectarian

Widespread religious influence in public institutions.

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Direct Subsidies

Funds given directly to religious organizations.

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Indirect Subsidies

Funds flowing indirectly to religious organizations.

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Rational Basis

Lowest level of scrutiny for government actions.

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Intermediate Scrutiny

Moderate level of scrutiny for certain laws.

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Strict Scrutiny

Highest level of scrutiny for fundamental rights.

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Inculcation of Religion

Imposing religious values on citizens by government.

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Government Accommodation

Permitting some government support for religious activities.

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Core Civil Liberties Dispute

Fundamental rights at stake in legal cases.

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Constitutional Scrutiny Level

Degree of examination applied to government laws.

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Agostini v. Felton

Case ruling against excessive supervision in religious schools.

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Lemon Test

Legal test to evaluate church-state entanglement.

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Inculcation

Teaching or instilling religious beliefs in students.

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Superprecedents

Landmark cases unlikely to be overturned.

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Zelman v. Simmons-Harris

Ruling on school vouchers and religious schools.

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Rational Basis

Lowest standard of judicial review for laws.

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Symbolic Union

Perceived connection between church and state.

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Excessive Entanglement

Too much government involvement with religion.

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Secular Purpose

Non-religious intent behind a law or action.

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Neutrality Doctrine

Law must neither promote nor inhibit religion.

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School Prayer

Government-led prayer in schools is unconstitutional.

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Santa Fe v. Doe

Case on coercive school prayer practices.

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Public Aid

Government funds directed to families, not schools.

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De Jure vs. De Facto

Legal vs. actual state of affairs.

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Political Controversy

Tension between politics and religion issues.

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Oversight

Monitoring to prevent religious indoctrination.

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Public Choice

Families choosing schools based on performance.

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Educational Deprivation

Lack of educational resources for low-income children.

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Captive Audience

Group unable to avoid exposure to religious speech.

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McCreary County v. ACLU

Case on religious displays in public spaces.

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Bowen v. Kendrick

Case addressing funding for religious education.

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Witters v. WA DSS

Case allowing aid for religious vocational training.

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Fear of Inculcation

Concerns over teaching religion in public education.

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Court's Verification

Judicial checks on secular purpose and neutrality.

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Educational Function

Role of schools in providing education.

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Low-Income Families

Households with limited financial resources.

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Surveillance

Monitoring to ensure compliance with laws.

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American Civil Liberties Union

Advocates for individual rights and freedoms.

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Ten Commandments Display

Imply laws shaped by religious principles.

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Van Orden v. Perry

Case involving display of religious symbols.

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McCreary County v. ACLU

Different ruling on similar religious display.

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Town of Greece v. Galloway

Prayer at council sessions deemed constitutional.

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Coercion in Prayer

No coercion if individuals can leave freely.

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Lemon Test

Criteria for government involvement with religion.

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Aguilar v. Felton

Struck down government funding for religious schools.

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Agostini v. Felton

Overturned Aguilar, allowing public funding.

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In-School Prayer

Unconstitutional if it coerces students.

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American Legion v. American Humanist Assn.

Cross memorial deemed secular over time.

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Excessive Entanglement

Government involvement with religion must be limited.

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Historical Statues

Purpose evolves, may become secular.

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Free Exercise Clause

Protects individuals' rights to practice religion.

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Reynolds v. US

Belief-action doctrine limits religious practices.

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Polygamy Regulation

Government can regulate actions for societal reasons.

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Valid Secular Purpose Doctrine

Laws must serve secular goals without targeting religion.

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Cantwell v. Connecticut

Secular purpose must not target religious practices.