Con Law Midterm Flashcards
Terms
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- Ancient Liberty
- Individual Liberty in the Government. Participatory. Liberty is an exercise.
- Modern Liberty
- More about rights. You enjoy your rights. Participation is limited.
- Judicial Review
- The Supreme Court has the authority to strike down any law it deems unconstitutional. Established first in Marbury v. Madison.
- Judicial Supremacy.
- The Court's decision on the Constitutionality of a law is final. It stands above past and current decisions about the matter.
- Jurisdiction
- The power of a certain court to hear a case. The Supreme Court can only act regarding federal questions.
- Original Jurisdiction
- Who gets the case first. In certain cases (ie, when ambassadors from foreign countries are involved) a case can go straight to the supreme court.
- Appellate Jurisdiction
- If a court case is appealed, it goes to appellate court. Appellate courts try these cases.
- Standing to Sue
- Having the appropriate requirements to bring a law suit. Seen in Nedow that he lacks this.
- Stare Decisis
- Latin for "let the decision stand". It is the principal that princincipals of law in previous cases should stand as authoritative in cases after.
- Sovereignty
- Lies with people in the states. It is the supreme political authority. It is the absolute power by which a nation-state is ruled.
- Virginia and Kentucky REsolutions
- written by jefferson and madison. supported states' rights. strict constiutionalism.
- Lincoln on Dred Scott.
- Accept the ruling, but not as precedent, Tanney's reasoning is wrongggg.