US Government: Foundations, Principles, and Supreme Court

Declaration of Independence

The document primarily authored by Thomas Jefferson declaring the colonies' independence from Britain.

Natural Rights

Inherent rights of life, liberty, and property that exist before governments, as argued by John Locke.

Articles of Confederation

The first American government that was weak and inefficient because all states had veto power.

Shays Rebellion

An uprising of Massachusetts farmers protesting economic hardship, exposing the weaknesses of the Articles of Confederation.

Ratification

The approval required from 9 out of 13 states to pass the Constitution.

Federalists

Supporters of a strong national government, including Adams and Hamilton, who advocated for the Constitution.

Anti-Federalists

Opponents of the Constitution who feared an elite-dominated government.

Bicameral Legislature

A two-chamber system in Congress balancing representation of both state and population interests.

Three-Fifths Compromise

Agreement counting each enslaved person as three-fifths of a person for representation and taxation.

Importation Clause

Provision preventing Congress from banning the slave trade until 1808.

Fugitive Slave Clause

Requirement for the return of escaped enslaved people to their owners.

Enumerated Powers

Specific powers granted to Congress by the Constitution.

Necessary and Proper Clause

Grants implied powers to the national government, allowing it to carry out enumerated powers.

Implied Powers

Powers not explicitly stated in the Constitution but necessary to fulfill enumerated powers.

McCulloch v. Maryland (1819)

Supreme Court case that upheld implied powers; ruled Congress could create a national bank.

Supremacy Clause

Establishes that federal law overrides state law when within constitutional limits.

Bill of Rights

The first ten amendments to the Constitution protecting individual freedoms.

Revolution of 1800

The election of Thomas Jefferson marking a peaceful transfer of power. John Adams appointed many Federalist judges.

Marbury v. Madison (1803)

Establishes judicial review, allowing courts to declare laws unconstitutional.

Judicial Review

The power of courts to determine the constitutionality of government actions.

Original Jurisdiction

Authority of the Supreme Court to hear certain cases for the first time.

Appellate Jurisdiction

Authority of the Supreme Court to hear appeals from lower federal courts.

Writ of Certiorari

A request for the Supreme Court to review a case from a lower court.

Amicus Curiae Briefs

Briefs submitted by outside groups to share their views on a Supreme Court case.

Oral Argument

Presentation by lawyers for each side to the Supreme Court.

Judicial Conference

Private meeting where justices discuss and vote on cases.

Majority Opinion

The official ruling of the Court explaining the legal reasoning behind its decision.

Minority Opinion (Dissent)

Opinion written by justices who disagree with the majority ruling.

Concurring Opinion

Opinion written by a justice who agrees with the majority but for different reasons.

District Courts

The lowest federal courts where trials are held.

Circuit Courts

Also known as U.S. Courts of Appeals, reviewing lower court decisions.(some are more liberal/conservatives than others)

Common Law

Law based on English common law, following court decisions and precedents.

Stare Decisis/Precedent

Legal principle of following previous court rulings for consistency.

Judicial Activism

Judicial philosophy where courts may interpret laws based on personal views.

Judicial Restraint

Judicial philosophy aiming to limit the power of courts and defer to the legislature.

Strict Construction

Literal interpretation of the Constitution closely tied to judicial restraint.

Voting Blocks

 republican sides with law enforcement

Swing Vote

A justice whose vote is unpredictable and often decides close cases.

Originalism

Belief that the Constitution should be interpreted as the framers intended.

Living Constitution

View that the Constitution evolves and should be interpreted based on modern society.(Judicial Activism)

Significant Federal Question

Criteria for the Supreme Court to hear cases with broad legal impact.

Rule of 4

At least four justices must agree to hear a case for it to be reviewed.

Litmus Test

Key question asked of judicial nominees to gauge alignment with values.

New Jersey Plan

each state would have a single vote( Favored small states)

Virginia plan

 national- population (Favored large states)

Great Compromise (Connecticut Compromise)

Combined elements of both plans, creating a bicameral Congress—House based on population, Senate with two members per state. This ensured both large and small states supported the Constitution.

Article 1

Legislative 

Article 2

Executive 

Article 3

Judiciary

Article 4

Supremacy clause

standing

Can’t sue unless harm was done

Appellate Courts

Review lower court decisions to ensure the law was applied correctly, without retrying cases.

Supreme Court

The highest U.S. court with nine justices. It mainly hears appeals and its rulings set legal precedents.

Senatorial Courtesy

 president and home state senator approve of newly appointed judge

Lawrence v. Texas (2003):

The Supreme Court struck down sodomy laws, ruling they violated the right to privacy under the Fourteenth Amendment.

Employment Division v. Smith

In Employment Division v. Smith (1990), the Supreme Court ruled that the government can enforce generally applicable laws, even if they incidentally burden religious practices. The case involved two Native American workers fired for using peyote, a hallucinogenic drug, as part of a religious ritual. 

Burwell v. Hobby Lobby (2014)

The Court ruled that closely held companies don’t have to provide contraceptive coverage in employee health insurance if it violates the owners’ religious beliefs.

RFRA (Religious Freedom Restoration Act):

A law protecting individuals' religious practices from government interference.