biscuits
judicial review
the supreme court's authority to decide if a law violates the constitution
habeas corpus
"bring the body"
writ requiring a person under arrest to be brought before a judge or into court
bill attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court
supremacy clause
federal law is supreme over state law
article VI
articles 1, 2, 3,
1. congress (legislative)
2. presidency (executive)
3. judiciary (judicial)
stare decisis
let the decision stand; lower courts have to follow what the higher courts decided
commerce clause
article 1
expanded the federal government, congress has the power to regulate foreign and interstate commerce
amendment 9
the rights of the people are not limited to the rights of the constitution
ripeness
if a suit is filed before a harm has occurred or before the threat of harm is imminent, there is no genuine dispute and hence no jurisdiction
mootness
a case for which the disputed issues have been resolved or dissipated during litigation is moot
marshall court (1801-1835)
decided marbury v. madison making the supreme court a co-equal branch of gov.
writ mandamus
an order issues to a lower court, government official, or agency to perform acts required by law
taney court
private property and activities of corporations can be regulated by state legislatures
shay's rebellion
rebellion led by daniel shays of farmers in western MA, protesting mortgage foreclosures. highlighted the need for a strong national government
social compact
people making a common agreement about the sort of political world they want to live in
the continental congress
the legislative assembly composed of delegates from the rebel colonies who met during and after the american revolution
the virginia plan
proposal to create a strong national government
intergovernmental immunity doctrine
national government possesses greater immunity from state regulation than the states do from federal regulation
preemption doctrine
state laws are invalidated if they interfere with national legislation
senate ratification
the senate must agree to any treaties made by the president with a foreign country
judiciary act of 1789
a law passed by the first congress to establish the federal court system
the supreme court can review the decisions of the highest state courts if they involve a federal law or the constitution
writ of certiorari
an order by a higher court directing a lower court to send up a case for review
standing
a legal rule stating who is authorized to start a lawsuit
countermajoritarian institutions
members are not elected by or held accountable to the people