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Vocabulary flashcards covering the structural foundations of the US Constitution, essential legal terminology, and major Supreme Court decisions outlined in the midterm study notes.
Constitution of the United States
The foundational legal framework completed at the Constitutional Convention on September 17, 1787, replacing the Articles of Confederation; its purpose is to divide government into three branches, limit government powers, and establish checks and balances.
Preamble to the Constitution
The opening statement explaining why the Constitution exists, asserting that government authority originates from 'We the people' to establish justice and form a more perfect union.
Article 1
The section of the Constitution establishing the legislative branch (Congress, consisting of the House of Representatives and the Senate) to make federal laws, requiring a minimum age of 25 for House members.
Commerce Clause
A provision in Article 1 granting Congress the authority to regulate commerce with foreign nations and among the states.
Necessary and Proper Clause
A provision in Article 1 empowering Congress to make all laws that are necessary and proper for carrying out its constitutional powers.
Article 2
The section of the Constitution establishing the executive branch, led by the President (minimum age 35) whose primary job is to execute federal laws, act as Commander in Chief, appoint federal officers, make treaties, and veto legislation.
Article 3
The section of the Constitution establishing the judicial branch, consisting of one Supreme Court and lower federal courts, dealing with jurisdiction, judicial review, and political questions.
Article 5
The section outlining the amendment process, requiring a 32 vote in Congress to propose an amendment and ratification by 43 of the states.
Supremacy Clause
A clause in Article 6 establishing that the US Constitution is the supreme law of the land, meaning federal law prevails when federal and state laws conflict.
Article 7
The section specifying the ratification procedure, declaring that the Constitution would become effective after ratification by 9 states.
10th Amendment
The constitutional amendment establishing federalism by reserving powers not delegated to the federal government to the states or to the people.
Establishment Clause
A clause within the 1st Amendment stating that the government cannot establish an official religion.
Free Exercise Clause
A clause within the 1st Amendment that protects religious practices from government interference.
5th Amendment
An amendment protecting due process rights, prohibiting self-incrimination ('pleading the fifth'), requiring a grand jury for serious crimes, and barring double jeopardy.
District Court
The trial court level of the federal court system where cases are first heard, witnesses testify, evidence is introduced, and facts are determined.
Court of Appeals
The intermediate federal court level where a panel of 3 judges reviews decisions made by district courts without retrying the whole case.
Original Jurisdiction
The authority of a court to hear and decide a legal case first, before any other court reviews it.
Appellate Jurisdiction
The power of a court to review a decision made by a lower court to verify that the law was applied correctly.
Writ of Mandamus
A formal court order commanding a government official to perform a specified legal duty.
Writ of Habeas Corpus
A court order requiring the government to justify why a person is being detained in order to prevent unlawful imprisonment.
Justiciable
A standard indicating that an issue is appropriate for a court to decide rather than belonging to a different branch of government.
Writ of Certiorari
A formal order through which the Supreme Court agrees to review a lower court's decision, selectively chosen at the Court's discretion.
Injunction
A court order requiring an individual or entity to do or refrain from doing a specific action.
Indictment
A formal accusation declaring that a person has committed a crime.
En Banc
A rehearing of an important legal case by a large group of active appellate judges rather than by a typical small panel.
Subpoena
A legal document that compels an individual to testify or produce physical evidence.
Stare Decisis
The legal doctrine of adhering to precedents set by earlier court rulings, though such precedents can be overruled.
Marbury v. Madison (1803)
The landmark ruling authored by Chief Justice John Marshall establishing judicial review, holding that the Constitution is higher than federal statutes and that the Supreme Court lacked original jurisdiction to issue a writ of mandamus for Marbury's commission.
Martin v. Hunter's Lessee (1816)
A decision authored by Justice Story affirming that the Supreme Court has the authority to review state court decisions that involve federal law or the US Constitution under the Supremacy Clause.
Walter Nixon v. US (1993)
A case authored by Chief Justice Rehnquist holding that challenges to the Senate's impeachment trial procedures are nonjusticiable political questions committed to the Senate.
Ex parte McCardle (1869)
A case authored by Chief Justice Salmon Chase confirming that Congress possesses constitutional authority under the Exceptions Clause to alter and withdraw the appellate jurisdiction of the Supreme Court.
McCulloch v. Maryland (1819)
A decision authored by Chief Justice Marshall establishing that Congress has implied powers under the Necessary and Proper Clause to establish a national bank, and that Maryland cannot tax it pursuant to the Supremacy Clause.
Gibbons v. Ogden (1824)
A ruling authored by Chief Justice Marshall defining interstate commerce to encompass commercial navigation and affirming that federal licensing powers override state-granted monopolies.
Hammer v. Dagenhart (1918)
A ruling authored by Justice Day striking down a federal child labor law, reasoning that manufacturing and child labor are purely local matters rather than interstate commerce.
US v. Darby (1941)
A ruling authored by Justice Harlan upholding the Fair Labor Standards Act and overruling Hammer v. Dagenhart, establishing that Congress can regulate intrastate labor conditions connected to interstate commerce.
Heart of Atlanta Motel v. US (1964)
A ruling authored by Justice Clark establishing that Congress can use the Commerce Clause to prohibit racial discrimination in places of public accommodation when private discrimination impedes interstate travel.
Katzenbach v. McClung (1964)
A ruling authored by Justice Clark determining that Congress can prohibit racial discrimination at local restaurants like Ollie's BBQ under the Commerce Clause because discrimination discourages travel and the restaurant's food traveled through interstate commerce.
US v. Morrison (2000)
A decision authored by Chief Justice Rehnquist holding that Congress cannot regulate noneconomic, local criminal conduct under the Commerce Clause, thereby invalidating civil remedy provisions of the Violence Against Women Act.
Gonzales v. Raich (2005)
A ruling authored by Justice Stevens holding that Congress can regulate locally grown, non-commercial medical marijuana under the Controlled Substances Act because it affects the larger national market.
Youngstown Sheet & Tube Co. v. Sawyer (1952)
A ruling authored by Justice Black holding that President Truman lacked authority to seize private steel mills without statutory authorization from Congress, featuring Justice Jackson's three-part framework regarding presidential authority.
INS v. Chadha (1983)
A decision authored by Chief Justice Burger ruling the one-house legislative veto unconstitutional for violating the constitutional requirements of bicameral passage and presentment to the President.
Morrison v. Olson (1988)
A case authored by Chief Justice Rehnquist upholding the independent counsel system, finding that Congress can place limits on the President's ability to remove certain executive officers without violating the separation of powers.
Clinton v. NYC (1998)
A decision authored by Justice Stevens invalidating the Line Item Veto Act, holding that the Constitution requires the President to approve or reject a bill in its entirety rather than amending passed legislation.
Trump v. US (2024)
A decision authored by Chief Justice Roberts outlining a three-tier framework for presidential criminal immunity: absolute immunity for basic constitutional powers, presumptive immunity for other official acts, and no immunity for private, unofficial acts.
Griswold v. Connecticut (1965)
A ruling authored by Justice Douglas finding that various guarantees in the Bill of Rights create zones of privacy, protecting the constitutional right of married couples to use contraception.
Roe v. Wade (1973)
A landmark case authored by Justice Blackmun holding that the 14th Amendment's liberty and privacy protections encompass a woman's decision to have an abortion, applying strict scrutiny across a trimester framework.
Dobbs v. Jackson Women's Health Organization (2022)
A decision authored by Justice Alito overruling Roe v. Wade and Planned Parenthood v. Casey, holding that the US Constitution does not protect a right to abortion and returning authority to regulate abortion to the states.
Washington v. Glucksberg (1997)
A ruling authored by Chief Justice Rehnquist establishing that unlisted rights under substantive due process must be deeply rooted in American history and tradition, concluding there is no fundamental constitutional right to assisted suicide.
Bowers v. Hardwick (1986)
A decision authored by Justice White holding that the Constitution does not confer a fundamental right to engage in homosexual sodomy because such conduct is not deeply rooted in history and tradition, accepting moral disapproval as state justification.
Lawrence v. Texas (2003)
A ruling authored by Justice Kennedy that explicitly overruled Bowers v. Hardwick, holding that adult consensual sexual conduct in private is protected under the liberty component of the 14th Amendment Due Process Clause.