US Government: Foundations, Principles, and Supreme Court
Declaration of Independence- Thomas Jefferson did most of the work., He took out property because not everyone will own property
Natural Rights (Locke's Apple)- Inherent rights (life, liberty, and property) that exist before governments. John Locke argued that governments protect these rights, and if they fail, people have the right to rebel(England wasn't protecting Americans natural rights so they had the rights to rebel.
Articles of Confederation- first american government but it was weak and inefficient because all the states had veto power
Shays Rebellion- uprising of Massachusetts farmers protesting economic hardship. It exposed the weaknesses of the Articles of Confederation and emphasized the need for a stronger national government.
Ratification (how many states)-9/13
Federalists-(strong national government) Adams and Hamilton, (if it is not in the constitution then you can do it.(for the constitution)
Anti-Federalists-(against the constitution) . Anti-Federalists feared an elite-dominated government.
Representation- The U.S. has a representative government, not a direct democracy. The Great Compromise created a bicameral Congress—House based on population, Senate with equal representation.
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.
Bicameral Legislature- A two-chamber system (House & Senate), balancing representation of both state and population interests in Congress.
Slavery
Three-Fifths Compromise: Agreement at the Constitutional Convention that counted each enslaved person as three-fifths of a person for both representation and taxation, giving Southern states nearly half of House seats but the north was still in the majority
Representation & Taxation: The compromise ensured the same three-fifths rule applied to both representation and taxation. Southern states wanted enslaved people counted for representation but not for taxes.
Importation Clause: Prevented Congress from banning the slave trade until 1808, appeasing Southern states that relied on slavery.
Fugitive Slave Clause: Required the return of escaped enslaved people, another concession to Southern states to keep them in the Union.
Enumerated Powers: The Constitution grants Congress 17 specific powers, including taxation, defense, commerce regulation, and currency creation. Powers not given to the federal government are reserved for the states.
Necessary and Proper Clause (Elastic Clause):This clause grants the national government implied powers, which are powers not explicitly listed in the Constitution but are related to the exercise of enumerated powers. ◦.
Implied Powers: Powers not directly stated in the Constitution but necessary to fulfill enumerated powers (e.g., creating a national bank).
McCulloch v. Maryland (1819): Supreme Court case that upheld implied powers, ruling that Congress could create a national bank and states could not tax it.
Supremacy Clause: Establishes that federal law overrides state law when within constitutional limits. Confirmed in McCulloch v. Maryland.
Bill of Rights: The first 10 amendments protecting individual freedoms (e.g., speech, religion, right to a fair trial). Added to limit government power.(anti federalist)
Revolution of 1800: The election of Thomas Jefferson, marking a peaceful transfer of power. Before leaving office, John Adams appointed many Federalist judges.
Marbury v. Madison (1803): Established judicial review, giving courts the power to declare laws or government actions unconstitutional.(checks and balances)
Judicial Review: The courts’ power to rule on the constitutionality of government actions. First asserted in Marbury v. Madison.
Original Jurisdiction: Supreme court has power to hear certain cases for the first time(state, foreign ambassador or council)
Appellate Jurisdiction: Supreme court has power to hear appeals from lower federal courts in other cases
Article 1:Legislative
Article 2:Executive
Article 3: Judiciary
Article 4:Supremacy clause
Standing - Can’t sue unless harm was done
Writ of Certiorari:: A request for the Supreme Court to review a case from a lower court. Requires agreement from at least four justices.
Briefs -written arguments submitted by each side in a Supreme Court case.
Amicus curiae briefs:"Friend of the court" briefs submitted by outside groups to share their views on a case.
Oral Argument: Lawyers for each side present their case to the Supreme Court, usually in 30-minute sessions.
Judicial Conference:A private meeting where the nine justices discuss and vote on cases.
Majority Opinion: The official ruling of the Court, explaining the legal reasoning behind the decision.
Minority Opinion (Dissent): Written by justices who disagree with the majority, explaining their reasoning.
Concurring Opinion:Written by a justice who agrees with the majority but for different reasons.
District Courts: The lowest federal courts where trials take place. Cases are argued before a jury.
Appellate Courts: Review lower court decisions to ensure the law was applied correctly, without retrying cases.
Circuit Courts: Also known as U.S. Courts of Appeals. There are 13, each covering a specific group of states.
Supreme Court: The highest U.S. court with nine justices. It mainly hears appeals and its rulings set legal precedents.
Common Law: U.S. law is based on English common law, where court decisions follow precedent.
Stare Decisis/Precedent: Courts follow previous rulings (precedent) for consistency, but judges may choose which precedent applies when cases differ.
Judicial Activism:Personal views, legislative from the bench
Judicial Restraint:limit their power (strict constitution)
Strict Construction: A literal interpretation of the Constitution, closely tied to judicial restraint.(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: The Supreme Court hears only cases with broad legal impact, rejecting most of the 8,000 appeals it gets each year.
Rule of 4: At least four Supreme Court justices must agree to hear a case for it to be reviewed.
Litmus Test: A key question asked of potential nominees to determine if they align with an official’s values before being appointed.