Key Concepts in U.S. Government and Judicial Review

Judicial Review

The power of the courts to declare laws or executive actions unconstitutional.

Marbury v. Madison

The 1803 Supreme Court case that established judicial review.

Judicial Activism

A judicial approach where judges interpret the Constitution broadly and may overturn precedent to address social needs.

Judicial Restraint

A judicial approach where judges defer to elected branches and uphold precedent unless clearly unconstitutional.

Precedent (Stare Decisis)

The principle that courts follow previous rulings to ensure stability and consistency.

Original Intent / Originalism

Interpreting the Constitution based on the framers' original meaning.

Constitutionality

Whether a law or action aligns with the Constitution.

Federal Court Jurisdiction

The types of cases federal courts can hear, such as constitutional issues or federal law questions.

Judicial Independence

The idea that courts must be free from political pressure to make impartial decisions.

Limited Constitution

A government whose powers are restricted by law (Constitution).

Checks and Balances

A system where each branch of government limits the powers of the others.

Intermediate Body (Courts vs. Legislature)

Courts serve as a check between the people and the legislature to prevent unconstitutional laws.

Commander-in-Chief

Presidential power to direct the military.

Veto Power

The president's power to reject legislation passed by Congress.

Executive Orders

Directives issued by the president to federal agencies to implement policy.

Executive Agreements

International agreements made by the president that do not require Senate approval.

Bully Pulpit

The president's platform to influence public opinion and pressure Congress.

Agenda-Setting

The president's ability to propose priorities and shape the legislative agenda.

Expansion of Presidential Power

The increase in presidential authority, especially during crises and foreign conflicts.

Congressional Oversight

Congress's power to monitor and check executive actions.

War Powers

The shared powers between Congress and the president regarding military action, including the War Powers Resolution.

Federal Powers

Powers given to the federal government, like regulating interstate commerce and declaring war.

State Powers

Powers reserved to the states, such as public health, safety, and education.

Concurrent Powers

Powers shared by both federal and state governments, such as taxation.

10th Amendment

States that powers not given to the federal government are reserved to the states or the people.

NAACP Court Strategy

The NAACP used courts to challenge segregation when legislatures would not act, bringing cases like Brown v. Board.

AARP Influence

AARP influences Congress through lobbying, member mobilization, campaign support, and providing expertise.

First Amendment & Social Media

The First Amendment restricts government censorship, not private platforms, creating debates over moderation and free speech.

Electoral College

System where states choose electors who vote for president; can lead to winning without popular vote.

Advantage of Electoral College

Encourages broad, nationwide campaigning and protects smaller states' influence.

Criticism of Electoral College

A candidate can win without winning the national popular vote.