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19 Cards in this Set
- Front
- Back
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common law |
law that is established through the decision of courts or other tribunals, as opposed to statutes adopted by legislative bodies |
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natural law |
law that is established naturally and is considered universal amongst nations (not enforced) |
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positive law |
law that typically protects or grants a right to an individual in society |
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Originalism |
interpreting the US constitution based on what you believe the original intent of the document was and applying it to contemporary politics |
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Textualism |
interpreting the US constitution based on the specific wording used and applying it to contemporary politics |
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Prudentialism |
interpreting the US constitution in a manner that takes the consequences of actions into effect (broad constitutional court decisions have broad effects) |
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Attitudinal Model |
justices make their decisions on personal bias or ideology, in addition to peer pressure from other justices |
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Strategic Model |
justices make their decisions based on personal preference, but within constraints since they cannot simply rule in any manner. Justices work strategically with their rulings to achieve their long-term goals. |
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Legal Model |
justices make their decisions under the impression that they leave all personal bias and ideology aside |
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Historical Institutionalism |
a social science method that uses institutions to find sequences of social, political, economic behavior and change across time. |
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Judicial Supremacy |
The Supreme Court has the ability to strike down laws that they consider unconstitutional, despite judicial protest |
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Prior Restraint |
is censorship imposed, usually by a government, on expression before the expression actually takes place. |
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Habeas Corpus |
a court summons in which someone who is detained has legal right (if granted the writ) to come before a court to determine the legality of his/her detainment |
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Federalist No. 10 |
An essay believed to be written by James Madison as part of the Federalist Papers, promotes protection against "factions" via a strong central government |
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Religious Exemptions |
exemptions made from US constitutional law based on religious expressions (Sunday Laws) |
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Property Qualifications (Voting) |
Requirements that white men own property to vote, abolished in the Jacksonian Era |
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Blasphemy |
speech against any form of religion, unconstitutional in the US although some states had blasphemy statutes |
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Takings Clause |
the Federal government has the power of Eminent Domain, which is that private property may be seized for the public good if the original owner is justly compensated |
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The Sedition Act |
a series of laws passed in 1798 by the Federalist Party, increased residency requirements for citizenship, allowed the President to imprison or deport aliens who posed a public safety threat, and made it harder for immigrants to vote |
