Foundations of US Government and Politics: Judiciary and Civil Liberties

A set of vocabulary practice flashcards covering core judicial concepts, constitutional doctrines, and key legal precedents from Chapter 6 (The Judiciary) and Chapter 8 (Civil Liberties).

Federalist No. 78

An essay addressing the design of the judicial branch, protecting the Supreme Court's independence and explaining factors that make the court independent and insulated.

Marbury v. Madison (1803)

A landmark Supreme Court case that established the powers of the judicial branch and the origin and practice of judicial review.

Judicial Review

A powerful judicial practice originating in Marbury v. Madison (1803) that allows the judicial branch to check other institutions and states.

McCulloch v. Maryland (1819)

A Supreme Court case known for establishing legal precedents regarding implied powers and national supremacy.

Stare Decisis

“to stand by things decided,” directing courts to follow past rulings and established precedents

Dual Court System

A judicial structure containing distinct systems and pathways for cases and appeals between federal courts and state court systems.

Writ of Certiorari

An order issued by a higher court to review a lower court's decision during the appeal process to the Supreme Court.

Rule of Four

A Supreme Court practice requiring four justices to agree to grant certiorari and hear a case.

Amicus Curiae

Briefs or information submitted to the court by an outside party ('friend of the court') during Supreme Court hearing procedures, serving primarily to provide extra information, specialized expertise, or perspective to help the judge make an informed decision. [1, 2, 3]

Majority Opinion

The official decision and legal rationale agreed upon by more than half of the Supreme Court justices hearing a case.

Dissenting Opinion

An opinion written by one or more justices who disagree with the majority ruling in a Supreme Court case.

Concurring Opinion

An opinion written by a justice who agrees with the majority outcome but wishes to emphasize a different legal perspective or reasoning.

Bill of Rights

The first ten Amendments to the U.S. Constitution, which enumerate individual liberties and rights to protect citizens, opinions, and property against arbitrary government interference.

Selective Incorporation

A constitutional doctrine that allows the Supreme Court to apply protections from the Bill of Rights to state governments on a case-by-case basis under the Fourteenth Amendment Due Process clause.

Engel v. Vitale (1962)

A Supreme Court case that defined interpretations and applications of the First Amendment's Establishment Clause.

Wisconsin v. Yoder (1972)

A Supreme Court case that interpreted and applied the First Amendment's Free Exercise Clause.

Tinker v. Des Moines Independent Community School District (1969)

A Supreme Court case establishing that symbolic speech is protected under the First Amendment.

Schenck v. United States (1919)

A Supreme Court ruling establishing that speech creating a 'clear and present danger' is not protected by the First Amendment, reflecting efforts to balance social order and individual freedom.

New York Times Co. v. United States (1971)

A Supreme Court decision bolstering freedom of the press by establishing a 'heavy presumption against prior restraint.'

Prior Restraint

A government limit or censorship on speech or publication before it is expressed, against which the Supreme Court established a heavy presumption in New York Times Co. v. United States (1971).

McDonald v. Chicago (2010)

A Supreme Court decision illustrating the doctrine of selective incorporation imposed on state regulation of civil rights and liberties regarding the Second Amendment.

Miranda Rule

A legal requirement involving the interpretation and application of an accused person's due process rights as protected by the Fifth and Sixth Amendments.

Gideon v. Wainwright

A Supreme Court case establishing that the Fourteenth Amendment Due Process clause guarantees the right to an attorney for the accused.

Exclusionary Rule

A judicial principle associated with Mapp v. Ohio and the Fourteenth Amendment due process clause that prevents illegally obtained evidence from being used in court to protect against unreasonable searches and seizures.

Substantive Due Process

A doctrine under which the Supreme Court interprets the due process clause to protect fundamental rights not explicitly named in the Constitution, such as the right to privacy, from state infringement.

Article III

The section of the U.S. Constitution establishing the judicial branch of the federal government, including the Supreme Court and lower federal courts created by Congress.

Fifth Amendment

A constitutional protection guaranteeing due process, protection against double jeopardy and self-incrimination, grand jury indictment for major crimes, and just compensation for private property taken for public use.

Sixth Amendment

A constitutional protection guaranteeing the right to a speedy and public trial, an impartial jury, confrontation of witnesses, and the assistance of legal counsel in criminal prosecutions.

Seventh Amendment

A constitutional protection guaranteeing the right to a trial by jury in federal civil disputes where the value in controversy exceeds twenty dollars.

Eighth Amendment

A constitutional protection prohibiting government imposition of excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

protects unlisted individual liberties, ensuring that the rights specifically mentioned in the U.S. Constitution are not the only ones people possess

Original Jurisdiction

The legal authority of a court to hear a case for the first time, conduct a trial, and evaluate evidence.

Appellate Jurisdiction

The legal authority of a higher court to review, modify, or overturn decisions made by lower courts.

Establishment Clause

A First Amendment clause prohibiting government establishment of religion or official preference for one religion over another.

Free Exercise Clause

A First Amendment clause protecting individuals' rights to practice their religion freely without governmental interference.

Judicial Activism

A judicial philosophy holding that courts should take an active role in interpreting the Constitution broadly to protect rights and adapt to modern needs.

Judicial Restraint

A judicial philosophy encouraging judges to limit their power and defer strictly to legislative actions and historical constitutional text.

Precedents

Legal principles or rules established in previous court decisions that guide judges in future cases.