Vocabulary Flashcards
Judicial Review
The power of the courts to decide the validity of acts of the legislative and executive branches of government
Judicial Supremacy
The idea that the supreme court should be viewed as the authoritative interpreter of the constitution. We should deem its decisions as binding until and unless a constitutional amendment or subsequent decision overrules them
Constitution
A constitution is a framework for how government should be run, structured or organized. A set of rules that define governmental power.
Rule of Law
a stable set of rules over time set by the legitimate governing body. There is no arbitrary decision-making because the basis of laws is already intact.
Common Law/ Case Law
the concept of decisions based on how prior similar cases were ruled, rather than strictly referring to a constitution or specific set of laws
ex post facto law
An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.”
State decisis
A Latin phrase meaning “let the decision stand.” , meaning a decision made in one case will be followed into the next
enumerated rights
he Constitution in the articles and amendments specifically defines many rights enjoyed by the people, such as the right of free speech
Unenumerated Rights
Unenumerated rights are legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly coded or “enumerated” among the explicit writ of the law
Doctorine
An elaborate structure of precedents built up over time by the courts
Self-governance
Actions by the government are reflective of the desires of the population
Marketplace of Ideas
Free trade of thoughts/ideas as progress is the only way we’ll get closer to the truth as a society
Strict Scrutiny
To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest. Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination.”
Rational Basis
The easiest to decipher. To pass the rational basis test, the statute or ordinance must have a legitimate state interest, and there must be a rational connection between the statute’s/ordinance’s means and goals
prima facie
Based on the first impression; accepted as correct until proved otherwise
protected class
A protected group, protected class, or prohibited grounds is a category by which people qualify for special protection by a law, policy, or similar authority.
De jure
state sponsored
De facto
by fact, not state sponsored
Affirmative Action
A set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Applicants may be seeking admission to an educational program or looking for professional employment
