American Constitutional Development Terminology

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John Locke

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English philosopher. Wrote many things about the ideal form of democracy/ federalism.

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Articles of Confederation

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Original constitution of US. Created using the

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Virginia Plan

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Drafted by James Madison. Proposed the idea of population-weighted representation in the proposed national legislature. Also proposed a bicameral system.

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New Jersey Plan

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The plan was created in response to the Virginia Plan. The less populous states were adamantly opposed to giving most of the control of the national government to the larger states, and so proposed an alternate plan that would have given one vote per state for equal representation under one legislative body

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Federalist Papers

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85 articles or essays advocating the ratification of the United States Constitution. A primary source for interpretation of the U.S. Constitution

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Brutus 11

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Ant-federalist paper. Unrestricted Power Over Commerce Should not be Given the National Government

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John Marshall

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An American jurist and statesman who shaped American constitutional law and made the Supreme Court a center of power. Marshall was Chief Justice of the United States. He established that the federal courts are entitled to exercise judicial review, the power to strike down laws that violate the Constitution.

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James Madison

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Main author of the Constitution. He was responsible for the first ten amendments to the Constitution and thus is also known as the "Father of the Bill of Rights."

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Writ of Mandamus

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Issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties CORRECTLY.

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Writ of Certiorari

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Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities.

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Principle of stare decisis

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Precedents are set by courts and cases and thus must be followed in future cases when needed so.

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Federal Court of Appeals

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A court of appeals decides appeals from the district courts within its federal judicial circuit

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Federal District Courts

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The federal courts of general trial jurisdiction.

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Jurisdiction

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Specific authority granted to the any legal group.

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Standing

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The ability to file a suit against the constitutionality of a law if a person has been harmed by a law.

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Original jurisdiction

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Case is looked at under original conditions

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Appellate jurisdiction

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Case is looked at from a superior courts view. the power to hear cases on appeal from lower federal courts or from state courts

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Article III Court

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Courts established by Article III. "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.'

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Supremacy clause

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Federal law is superior to State laws

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Commerce clause

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Congress can regulate interstate commerce.

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Contracts Clause

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The Contract Clause prohibits states from enacting any law that impairs contract rights. The Contract Clause applies only to state legislation, not court decisions.

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Necessary and Proper/ "elastic" clause

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Congress has right to make laws that fall under its jurisdiction according to the Constitution.

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Article I Section 8

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This contains the enumerate powers of the Constitution.

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Sole organ therory

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President is in charge of international affairs.

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police powers

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State powers: to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants

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inter-state commerce

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commerce between two or more states. Includes crossing lines of states. Not just trade.

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intra-state commerce

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commerce within a state.

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substantive due process

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The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.'

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Substantive Due Process

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Identifies a particular line of case law, and second to signify a particular attitude toward judicial review under the Due Process Clause. involves liberty-based due process challenges which seek certain outcomes instead of merely contesting procedures and their effects.

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Procedural Due Process

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essentially based on the concept of "fundamental fairness." rocedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.

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Liberty of Contract

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the freedom of individuals and corporations to form contracts without government restrictions.

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Trimester scheme

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Set up by Roe V. Wade. Regulation on abortion goes by trimesters. 1st trimester: woman's control. With each trimester, the State's authority increases.

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Political Questions Doctrine

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Limits power of judiciary branch. Prevents judiciary branch from meddling with political questions.

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Rational Basis Test

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If the law makes sense, it passes the test.