Congressional Malaise
The Founders expected this branch to be the most powerful and potentially dangerous, which is why its description, Article I, is the longest part of the Constitution.
What is the Legislative Branch (Congress)?
In Federalist No. 78, Alexander Hamilton called the Judiciary this because it lacks the power of the "sword" (military) or the "purse" (money).
The Weakest Branch
This "elastic" clause allows Congress to make laws that are "reasonably related" to its enumerated powers, enabling it to exercise implied powers.
Necessary and Proper Clause
This describes the Kentucky General Assembly, where being a legislator is not a full-time job, and members have outside careers.
Citizen Legislature
This judicial philosophy, advocated by Justice Clarence Thomas, holds that the Constitution should be interpreted based on the original public meaning of the text at the time of its ratification.
Originalism (or textualism)
He is the current Chief Justice of the United States.
John Roberts
This two-part congressional plan settled the dispute between large and small states by balancing representation by population in the House with equal representation in the Senate.
The Connecticut Compromise
This is the power of the Supreme Court to declare a law unconstitutional, a principle established by the landmark case Marbury v. Madison (1803).
Judicial Review
This 1819 case established that Congress has the power to create a national bank using implied powers and that states cannot tax federal entities, affirming federal supremacy.
McCulloch v. Maryland
This is the legislative body of a Kentucky county, responsible for the county's budget and ordinances, despite its misleading name.
Fiscal Court
This is the idea that the Constitution is a "living organism" and that its meaning should change and evolve with society over time.
Living Constitutionalism
This court level is considered the "workhorse" of the federal system, handling the vast majority of trials and determining the facts.
District Courts
The primary role of this commission in Frankfort is to provide nonpartisan continuity, bill drafting, and fiscal analysis support to the Kentucky General Assembly.
Legislative Research Commission
This is the requirement that at least four justices must vote to hear a case before the court will grant a Writ of Certiorari.
Rule of 4
This legal principle, established in Wickard v. Filburn (1942), allowed the federal government to regulate a local activity if, when combined with similar activities, it affected the national economy.
Aggregation Principal
This county official acts as the "Mayor of the County," holding executive power, but generally performs no judicial duties.
County Judge-Executive
This legal concept explains how state constitutions can provide more rights to citizens than the U.S. Constitution.
Floor vs. Ceiling
This Kentucky court handles "big prestigious" trials over $5,000, including murders, and is the home of the Family Court division.
Circuit Court
This is the drawing of legislative district lines by politicians to favor a specific political party, a power held by the Kentucky General Assembly.
Gerrymandering
This is a justice's written disagreement with the majority ruling, outlining why they believe the court decided the case incorrectly.
Dissenting Opinion
This 1995 case was the first time in 50 years that the Supreme Court "checked" Congressional power by ruling that the Gun-Free School Zones Act exceeded the Commerce Clause.
United States v. Lopez
This doctrine allows Kentucky cities to perform any function for a public purpose, as long as it does not conflict with state statutes.
Home Rule
Under this test, the government can only punish speech if it is directed to inciting imminent lawless action and is likely to do so.
Brandenberg Test
Unlike federal judges, most state judges in Kentucky obtain their positions through this process.
Elected by the People
This chamber has the sole power to impeach (charge) a federal official, while a two-thirds vote in the ___________ is required for conviction.
Double Jeopardy: What else can Congress do with a 2/3rds vote?
House of Representatives
Senate
DJ: Override a Presidential Veto
The nine justices who currently serve on the Supreme Court are primarily protected from political pressure through this feature of their tenure.
Life Tenure
This term describes the process of using the 14th Amendment to apply the protections of the Bill of Rights to state and local governments.
Incorporation
The primary responsibilities of the five elected citizens who serve on the Grant County Board of Education are to set policy, establish education goals, and select or evaluate this administrator.
Superintendent
In Tinker v. Des Moines (1969), the Supreme Court affirmed that students have the right to this form of expression as long as it does not cause a substantial disruption.
Symbolic Speech
This 1992 case used the Kentucky state constitution to rule that the state's anti-sodomy law violated the state's guaranteed right to privacy.
Commonwealth v. Wasson