Legal Terms

Structure of Federal Courts

The U.S. federal judiciary is a three-tier system: district courts (trial level), circuit courts (intermediate appeals), and the Supreme Court (highest appellate court). Each level reviews decisions from the one below, with limited original jurisdiction at the Supreme Court.

Constitutional Convention

The 1787 meeting in Philadelphia where delegates drafted the U.S. Constitution, creating a stronger federal government with separate legislative, executive, and judicial branches.

Vesting Clauses

Provisions in Articles I, II, and III that grant legislative, executive, and judicial powers respectively to Congress, the President, and the courts — forming the basis of separation of powers & checks and balances

Federalist Papers

A series of essays by Hamilton, Madison, and Jay advocating for ratification of the Constitution and explaining its principles, including checks and balances and judicial independence.

Article III

Establishes the judicial branch, vests judicial power in the Supreme Court and lower courts created by Congress, and defines their jurisdiction and protections like life tenure and salary protection for judges.

Judiciary Act of 1789

Landmark statute establishing the structure of the federal court system and granting the Supreme Court the power to issue writs of mandamus (later ruled unconstitutional in Marbury v. Madison).

Judicial Review

The power of courts to strike down laws or executive actions as unconstitutional (Marbury v. Madison).

Jurisdiction

The legal authority of a court to hear a case, determined by subject matter, parties, and geography

Justiciability

A set of criteria determining whether a court can hear a case, including standing, ripeness, mootness, and the political question doctrine

Standing

The requirement that a plaintiff must have suffered a concrete injury, caused by the defendant, that can be redressed by the court.

Political Question

A doctrine holding that certain issues are best resolved by the political branches (legislative or executive) and are therefore non-justiciable.

Mootness

Courts will not decide cases where the issues are no longer “live” (e.g., the dispute has been resolved).

Ripeness

Courts will not hear cases that are premature or speculative — the harm must be actual or imminent.

Collusive Suits

Cases where the parties are not truly adversarial or are cooperating to secure a ruling (ex test constitutionality, get favorable precedent); courts refuse to hear them.

Advisory Opinions

Courts do not issue opinions on hypothetical legal questions; there must be an actual case or controversy (Article III constraint).

Other Constraints on Judicial Power

Includes jurisdictional limits set by Congress, self-imposed doctrines (political question, standing), and constitutional requirements like case-or-controversy.

Article I

Definition: The legislative power is vested in Congress: “All legislative Powers herein granted shall be vested in a Congress of the United States.”
Key Idea: Congress only has powers enumerated (listed) in the Constitution, plus implied powers necessary to execute them.
Significance: Limits Congress’s authority and ensures it cannot legislate beyond its constitutional grants. (McCulloch v. Maryland, INS v. Chadha)

Vesting Clause – Article II

Definition: “The executive Power shall be vested in a President of the United States of America.”
Key Idea: Broader than Article I — may include powers not explicitly listed, especially in foreign affairs and law execution.
Significance: Basis for debates over presidential power and its scope. (U.S. v. Curtiss-Wright, Youngstown Sheet & Tube v. Sawyer)

Vesting Clause – Article III

Definition: “The judicial Power of the United States shall be vested in one supreme Court…”
Key Idea: Judicial power is limited to cases and controversies — courts cannot issue advisory opinions or rule on political questions.
Significance: Ensures judicial independence and confines courts to resolving real disputes. (Marbury v. Madison, Baker v. Carr)

Who joins & term limits

Congress constitutional qualifications:

House- 25 years old, citizen for 7 years, resident of state

Senate- 30 years old, citizen for 9 years, resident of their state

term limits: house 2 years, senate 6 years

No term limits

Exclusion

Power of each chamber to refuse to seat member -elect who does not meet constitutional requirements for office (Powell v. McCormack )

Reserved powers

Powers not delegated to the federal government nor prohibited to the states are "reserved to the states respectively, or to the people”

Source: 10th Amendment, protects state sovereignty and federalism by limiting national power

Speech & Debate Clause

Definition: Article I, Section 6 clause that protects members of Congress from being prosecuted or sued for legislative acts conducted during official proceedings. (Gravel v. US)
Purpose: Ensures legislative independence by allowing free and open debate without fear of legal consequences.

Enumerated Powers

Definition: The specific powers of Congress listed in Article I, Section 8 — including the power to tax, regulate commerce, coin money, declare war, and raise armies.
Significance: Defines the scope of legislative authority and serves as the basis for federal laws.

Implied Powers

Definition: Powers not explicitly listed in the Constitution but necessary to carry out enumerated powers, derived from the Necessary and Proper Clause.
Example: Creating a national bank (McCulloch v. Maryland).
Significance: Expands Congress’s authority beyond the literal text of the Constitution.

Inherent Powers

Definition: Powers that are not explicitly listed or implied but are inherent to a sovereign government, such as controlling borders or conducting foreign affairs.
Significance: Enable the federal government to act on matters of national sovereignty.

Amendment Enforcing Powers

Powers granted to Congress in certain constitutional amendments (e.g., 13th, 14th, 15th) to “enforce” their provisions through appropriate legislation. They allow Congress to pass laws to protect rights guaranteed by those amendment

Necessary & Proper Clause

Found in Article I, Section 8, this clause gives Congress the power to pass laws “necessary and proper” for carrying out its enumerated powers. It expands legislative authority by allowing implied powers.

Investigatory Power

Authority of Congress to conduct investigations and hold hearings as part of its legislative function. power is implied from its duty to legislate effectively and oversee the executive branch.

Electoral College

The system created by Article II and the 12th Amendment for electing the president and vice president. States appoint electors equal to their congressional representation, who then cast votes for president.

Impeachment

constitutional mechanism to remove federal officials, including the president, for “treason, bribery, or other high crimes and misdemeanors.” The House impeaches (accuses), and the Senate holds the trial and votes on removal.

Take Care Clause

Article II, Section 3 requires the president to “take care that the laws be faithfully executed.” This gives the president responsibility for enforcing federal laws but also limits them to executing — not making — law.

Mere Designation vs. General Grant

“Mere designation”: vesting clause simply names a president as head of executive, views the presidency as limited to powers explicitly listed in the Constitution.

“General grant” : vesting clause is a general grant of power, interprets executive power broadly, granting the president authority over all matters not expressly limited.

Limits on Executive Power

Presidential power is checked by separation of powers, judicial review, congressional oversight, budgetary control, and constitutional limits like term length, impeachment, and statutory restrictions.

Veto Power

president’s power to reject legislation passed by Congress. A veto can be overridden by a two-thirds vote in both chambers. The veto is a key legislative check and bargaining tool.

Appointment Power

The president nominates federal officials, ambassadors, judges, and cabinet members, with Senate confirmation required for most positions (Article II, Section 2). It shapes executive branch leadership and judicial ideology.

Executive Privilege

The president’s right to withhold information from Congress or the courts to protect national security or confidential executive deliberations. It is not absolute and can be limited by judicial review (U.S. v. Nixon).

Immunity

The principle that a sitting president is immune from certain legal actions, particularly civil suits for official acts. However, immunity does not extend to all actions (Clinton v. Jones held presidents can be sued for unofficial acts).

Pardons

The president’s power to grant reprieves and pardons for federal offenses (Article II, Section 2). Pardons forgive crimes and restore rights but do not apply to impeachment or state-level crimes.

Presidents & Foreign Policy

The president is the chief architect of foreign policy, with powers to negotiate treaties (with Senate approval), appoint ambassadors, and recognize foreign governments (Zivotofsky v. Kerry affirmed recognition as an exclusive power).

Presidential War Powers

As commander-in-chief, the president can direct military action and respond to threats without a formal declaration of war. However, Congress retains the power to declare war and fund military actions