Constitutional Law: Judicial Power, Executive Authority, and Foreign Affairs

Comprehensive vocabulary flashcards covering constitutional law principles, separation of powers, judicial jurisdiction, landmark Supreme Court cases, and executive power frameworks.

Marbury v. Madison

The landmark Supreme Court case that established judicial review, confirming the Court's authority to declare acts of Congress unconstitutional and nullify government action.

Writ of Mandamus

A court order commanding a government official to perform a specific official duty, such as ordering James Madison to deliver William Marbury's judicial commission.

Judiciary Act of 1789

Legislation that purported to grant the Supreme Court original jurisdiction to issue writs of mandamus, which the Court struck down in Marbury v. Madison as an unconstitutional expansion of its authority.

Judicial Review

The power of the judiciary to review and determine whether actions taken by the legislative and executive branches of government comply with the Constitution, nullifying those that do not.

Money Damages

A legal remedy in which an injured party seeks financial payment from a defendant as reparation for harm suffered.

Performance

A form of legal remedy in which a claimant asks the court to compel an opposing party to carry out a specific action.

Injunction

An equitable court order in which a judge commands a party to do or refrain from doing a specific act.

Stare Decisis

'Let stand what has been decided'; the doctrine under which courts adhere to previous judicial rulings as binding precedent when nearly identical cases arise concerning foundational laws.

Federalist No. 78

An essay addressing the mode of appointing judges, their tenure, the partition of judicial authority, and the principle that the branches of government are separate, equal, and able to govern one another.

Federalist No. 79

An essay arguing for fixed, undiminished salaries for federal judges to secure judicial independence.

Federalist No. 80

An essay detailing the types of cases federal courts should hear, including matters arising under U.S. laws and treaties, admiralty cases, and disputes involving foreign nations or state bias.

Federalist No. 81

An essay detailing the partition of judicial authority across different levels of courts, including the Supreme Court, courts of appeals, and state courts.

Federalist No. 82

An essay explaining that states retain their preexisting judicial jurisdiction unless an exclusive authority is expressly granted to the Union, prohibited to states, or utterly incompatible.

Law of Nations

The established international rules dictating conduct between nations, such as prohibiting a neutral state from repairing foreign warships, selling war contraband, or allowing citizens to fight.

Neutrality Controversy of 1793

The constitutional debate over President Washington's unilateral declaration of neutrality and enforcement via the DOJ without Congressional approval or U.S. statutes codifying the law of nations.

Impeachment (House of Representatives Role)

The constitutional process wherein the House investigates allegations of misconduct, draws up formal articles of impeachment, and requires a simple majority vote to impeach an official.

Impeachment (Senate Role)

The constitutional process wherein the Senate sits as a court to try an impeached official, requiring a $\frac{2}{3}$ supermajority vote to convict and remove the individual from office.

The Resource Curse

An economic phenomenon where a society relies solely on natural resources for growth, creating dependency on that single resource and hindering economic diversification.

Primogeniture

The legal and feudal doctrine under which the first-born child inherits all family land.

Case in Law

A legal dispute where formal legal action is pursued specifically to obtain financial compensation for damages.

Case in Equity

A legal dispute where a party requests a judge to issue an order directing someone to perform a specific action rather than paying monetary damages.

Diversity Jurisdiction

Federal court authority to hear civil disputes arising between citizens of different states, or between a state/its citizens and foreign states.

Bill of Attainder

A legislative act that declares a specific person an enemy of the state or imposes punishment without a judicial trial; strictly prohibited by the U.S. Constitution.

Monroe Doctrine

A foreign policy statement issued by President Monroe claiming neutrality and favoring isolationism in international affairs.

Theodore Roosevelt's View of Executive Power

The philosophy asserting that the president can broadly expand executive powers to protect the American public, provided the action is not explicitly forbidden by Congress or the Constitution.

William Howard Taft's View of Executive Power

The philosophy stating that the president possesses no powers beyond those affirmatively and explicitly granted by the Constitution or statutes, viewing undefined executive claims as unsafe.

Bush Doctrine (Preemption)

The 2002 foreign policy stating that the United States will act preemptively to forestall or eliminate threats from dangerous adversaries before they can strike.

Ex parte Merryman (1861)

A Civil War ruling holding that President Lincoln lacked constitutional authority to unilaterally suspend the writ of habeas corpus because the Suspension Clause resides in Article I.

Writ of Habeas Corpus

A judicial order commanding that a detained person be brought before a court so the government can justify the legal basis for their imprisonment.

Chae Chan Ping v. United States

A Supreme Court decision establishing that federal immigration statutes are not unconstitutional because they conflict with international treaties, affirming inherent national power over borders.

United States v. Curtiss-Wright Export Corp.

A landmark decision establishing that the president holds broad, exclusive authority over foreign affairs, meaning non-delegation limitations that apply to domestic matters do not restrict external policy.

Joint Resolution

A formal legislative measure passed by a simple majority in both the House and the Senate stating congressional resolve, distinct from standard laws that require presidential presentation.

Fong Yue Ting v. United States

A case upholding the federal government's plenary authority to deport noncitizens, ruling that deportation does not violate Fifth Amendment procedural due process rights.

Geary Act

An 1892 federal law extending Chinese exclusion for ten years and requiring Chinese residents to carry a Certificate of Residence or provide a credible white witness affidavit to avoid deportation.

United States v. Clark

A ruling holding that Congress possesses plenary authority under the Foreign Commerce Clause (Article I, Section 8) to criminalize illicit commercial conduct by U.S. citizens abroad.

Youngstown Sheet & Tube Co. v. Sawyer

A Supreme Court ruling that President Truman exceeded executive power by seizing commercial steel mills during the Korean War, establishing that presidents cannot make law or seize private property in emergencies.

Jackson's Framework: Maximum Power

The category within Justice Jackson's Youngstown concurrence where the president acts with express or implied congressional approval, combining executive constitutional power with delegated legislative authority.

Jackson's Framework: Twilight Zone

The category within Justice Jackson's Youngstown concurrence where Congress has neither granted nor denied authority, leaving the president to act independently within ambiguous constitutional boundaries.

Jackson's Framework: Lowest Ebb

The category within Justice Jackson's Youngstown concurrence where the president acts in direct opposition to congressional will, leaving executive actions reliant entirely on exclusive constitutional powers.

Trump v. Hawaii

A Supreme Court ruling upholding an executive entry suspension under the Immigration and Nationality Act (INA), finding it was a valid exercise of statutory power that did not violate the Establishment Clause.

Strict Scrutiny

The highest and most stringent judicial review standard applied by courts to evaluate whether government action complies with the Constitution.

Rational Basis

The lowest and most common tier of judicial review, requiring only that a challenged law pursue a legitimate governmental objective and maintain a rational connection to that goal.