Midterm Concepts Flashcards
Separation of Powers
Constitution provides set powers that potentially overlap.
Checks and Balances
Each branch has enough significant power to check another to ensure limited abuse of federal power.
Jurisdiction
A court’s ability to hear and make a ruling on a case.
Original Jurisdiction
Ability to hear a case for the first time.
Appellate Jurisdiction
Power to review a lower court’s decision.
Justiciability
Court’s power can only extend to cases and controversies
Case must be appropriate for judicial resolution
Advisory Opinions
An opinion issued by a court indicating how it would rule on a question of law should such a question come before it in an actual case. U.S. federal courts do not hand down advisory opinions, but some state courts do.
Litigation/ issues are considered abstract, as no real controversy exists.
Collusive Suits
Courts will not hear cases in which litigants do not have adversity between them (e.g. must be two adverse parties; civil or criminal).
Reasons court may overlook: Suit presents a salient controversy & temptation to set policy is too big.
Ripeness
Cases that are brought to the court too early (i.e. controversy is premature for review).
Political questions
A matter that the Supreme Court deems to be inappropriate for judicial review and believes it is better for another branch of government to solve. (i.e. the “cases” and “controversies” that are of a judicial nature.)
Standing to Sue
Under Article III. parties suing must have standing (legal injury, possibility of a legal or monetary remedy, tangible interest in the outcome, adversity with the opposing party, etc.).
- injury
- causation and redressability
- NO 3rd party
- No general grievances
Generalized Grievances
Cases where the party suing is not personally impacted by what they are suing (e.g. taxpayer suits where the taxpayer is suing the federal government without proper standing, see Flast v Cohen).
Exclusion
When the House or Senate bars an elected member from participating for not meeting all of the constitutional requirements for membership (exclusion can include losing committee seats, voting rights, etc.).
Expulsion
When a member of the House or Senate is removed from office. This can occur at will.
Enumerated Powers
Powers the Constitution expressly grants
Implied Powers
Not expressly granted but implied by powers previously stated (Foundation is the necessary and proper clause Art 1, Sec. 8)
Amendment Enforcing Powers
Those contained in some constitutional amendments that provide Congress with the ability to enforce them
Equal Sovereignty
Limits Congress’s ability to enact legislation that subjects different states to unequal burdens, at least without a sufficient justification.
Electors
A person who is certified to represent their state’s vote in the Electoral College. Cast their votes in the Electoral College.
Executive Privilege
Definition: The privilege, claimed by the president for the executive branch of the US government, of withholding information in the public interest
Does/ does not apply: Does apply if the evidence will bring danger or prevent confidentiality. Does not apply to personal crimes (i.e watergate tapes)
Executive Immunity
Definition: An immunity granted to officers of the executive branch of government from personal liability for tortious acts or omissions done in the course of carrying out their duties.
Does/ does not apply: Applies when they are being sued for actions taken for presidential duties. Does not apply to personal crimes.
Strict Scrutiny
Usually used when the government is sued for discrimination. Government must prove that it has a necessary and compelling state interest.
Limited on the exercise of Implied Powers
Must help carry into execution an enumerated power or congressional responsibility, must be rationally related.
Limits on Amendment Enforcing Powers
Must be compatibility and proportionality between the harm to be prevented/remedied and means adopted
Inherent Powers: Congress’s Power to Investigate
Inherent powers are powers that are neither explicit, nor implied, but are given to sovereign states. To legislate, congress must have the power to investigate which is an inherent/implied power of legislative bodies. This power is not enumerated by article 1 but the need for intelligent legislative action requires cooperation by everyone that can provide information that congress seeks.
