Declaration of Independence
the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain
Auxillary Precaution
According to Madison, a system in which the different elements of government competed against one another, each preventing the other from becoming too powerful, was the best system to prevent the rise of a tyrannical government that would abuse the rights
Nation
a politically organized body of people under a single government
Articles of Confederation
a written agreement ratified in 1781 by the thirteen original states
Shays Rebellion
this conflict in Massachusetts caused many to criticize the Articles of Confederation and admit the weak central government was not working; uprising led by Daniel Shays in an effort to prevent courts from foreclosing on the farms of those who could not p
Virginia Plan
Virginia delegate James Madison's plan of government, in which states got a number of representatives in Congress based on their population
New Jersey Plan
Opposite of the Virginia Plan, it proposed a single-chamber congress in which each state had one vote. This created a conflict with representation between bigger states, who wanted control befitting their population, and smaller states, who didn't want to
Great Compromise
Compromise made by Constitutional Convention in which states would have equal representation in one house of the legislature and representation based on population in the other house
Three-Fifths Compromise
The agreement btween slave states and free states that a state's slave population would be counted for 60% for purposes of determining a state's representation in the House of Representatives.
Republic
a political system in which the supreme power lies in a body of citizens who can elect people to represent them
Indirect Election
When government officials are elected by previously chosen representatives, and not directly by the people
Separation of Powers
the division of power among the legislative, executive, and judicial branches of government
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Judicial Review
the power of the judiciary to interpret and overturn actions taken by the legislative and executive branches of the government
Federalism
the idea of a federal organization of more or less self-governing units
Parliamentary System
A system of government in which the legislature selects the prime minister or president.
Supremacy Clause
constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the greatest law of the land
Full Faith and Credit
first words of Article IV, Section 1 of the Constitution, which requires states to respect the "public acts, records, and judicial proceedings" of all the other states.
Equal Privileges and Immunities
a clause in the constitution stating that states are to treat equally their citizens and the citizens of other states
Federalists
supporters of the constitution
Anti-Federalists
People who opposed the constitution
Bill of Rights
a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Confederation
the act of forming an alliance or confederation
Unitary System
a government that gives all key powers to the national or central government
Sovereignity
ability of a state to govern its territory free from control of its internal affairs by other states
Compact Theory
The idea advanced by Rousseau, Locke, and Jefferson, that government is created by voluntary agreement among the people involved and that revolution is justified if government breaks the compact by exceeding its authority.
Mandate
the commission that is given to a government and its policies through an electoral victory.
American War of Independence
the revolution of the American colonies against Great Britain, 1775
Continental Congress
the legislative assembly composed of delegates from the rebel colonies who met during and after the American Revolution
National Convention
First held in Philadelphia in 1787. The meeting of party delegates every four years to choose a presidential ticket and write the party's platform.
Ratification
making something valid by formally ratifying or confirming it
Sovereignity
ability of a state to govern its territory free from control of its internal affairs by other states
Fiscal Federalism
The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.
Nullification
the states'-rights doctrine that a state can refuse to recognize or to enforce a federal law passed by the United States Congress
Nationalist Theory
a theory of the founding of the American government that sees the Constitution as the joining together of the people as much as or more so than the joining together of states
Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitut
Implied Powers
powers not specifically mentioned in the constitution
Categorical Grant
Federal grants for specific purposes define by law
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Dual Sovereignity
a theory of federalism saying that both the national and state governments have a final authority over their own policy domains
Police Power
state power to enact laws promoting health, safety, and morals
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Dual Citizenship
Citizenship in more than one nation.
Unfunded Mandate
Nat'l law that directs state or local govts to comply w/ federal rules/regs, but contain little or no federal funding to defray cost of meeting the requirements (clean air & water standards)
Electoral College
the body of electors who formally elect the United States president and vice-president
District Court
a division of the trial court (federal or state), serving a specific geographic area, with only one judge usually required to hear and decide a case
Magistrate Judges
officials who hear cases against accused persons and decide whether those cases should be brought before a grand jury
Appellate Courts
These courts do not determine guilt or innocence, but if the accused has had a fair trial. These courts can be either state or federal.
Supreme Court
the highest federal court in the United States
Writ of Certiorari
a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Original Jurisdiction
the authority to hear cases for the first time
Appellate Jurisdiction
The authority of a court to review decisions made by lower courts
Briefs
documents given to a court by the attorneys trying a case. These documents contain summaries of the issues in the case, the laws relevant to the case, and the arguments which support the position taken by the attorney on behalf of his or her client.
Oral Argument
stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices
Conference
a confidential gatehring of justices in which they discuss their thoughts about the case and cast preliminary thoughts.
Chief Justice
the judge who presides over a supreme court
Majority Opinion
the opinion joined by a majority of the court (generally known simply as 'the opinion')
Concurring Opinion
an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
Dissenting Opinion
an opinion that disagrees with the court's disposition of the case
Plaintiff
a person who brings an action in a court of law
Class Action Suit
lawsuit brought by an individual or a group of people on behalf of all those similarly situated
Judicial Review
review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
Standing
The requiremento bring a case to establishing that for a plaintiff to bring a case to court, he or she must ahve suffered a well-defined injury that is a violation of the civil code.
Civil Case
a case in which one party takes legal action against another party
Ripeness Doctrine
a doctrine under which the court will not hear a case unless there is an actual, present controversy for the court to decide
Plea Bargain
(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge
Common Law
(civil law) a law established by following earlier judicial decisions
Public Law
a law affecting the public at large
Judicial Review
review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
Legal Model
a theory of judicial decision-making in which judges make decisions by deciphering the correct interpretation of the law and the relevant portion the Constitution, and determining whether there is a conflict between the two
Stare Decisis
Let the decision stand; decisions are based on precedents from previous cases
Judicial Restraint
view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past
Recess-Appointment
the appointment of a federal judge during the Senate's recess; such an appointment allows the president to temporarily fill a vacant judgeship without the Senate's consent
Senatorial Courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Solicitor General
a law officer appointed to assist an attorney general
McCulloch vs. Maryland
The state of Maryland taxed banknotes produced by the Bank of the United States, claiming that the Bank was unconstitutional. Using implied powers, Marshall countered that the Bank was constitutional and ruled that Maryland was forbidden from taxing the B
John Marshall
created the precedent of judicial review; ruled on many early decisions that gave the federal government more power, especially the supreme court
American Creed
Dominant political culture in the u.s., marked by a set of beliefs in individualism, democracy, liberty, property, and religion, tied together by equality
Limited Government
In this type of government everyone, including all authority figures, must obey laws. Constitutions, statements of rights, or other laws define the limits of those in power so they cannot take advantage of the elected, appointed, or inherited positions.
Sovereign Power
a term used to describe supreme or final power
Chief Judge Selection
One is not nominated or appointed to the position of chief judge (except for the Chief Justice of the United States); they assume the position based on seniority. The same criteria exists for circuit and district chiefs. The chief judge is the judge in re
Incumbent
the official who holds an office
Stamp Act
an act passed by the British parliment in 1756 that raised revenue from the American colonies by a duty in the form of a stamp required on all newspapers and legal or commercial documents