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Judicial Review
Theories and Cases
9
Law
Graduate
04/22/2010

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Cards

Term
Federalists
Definition
National majorities should make laws for the country. Don't like enumerated rights because people might think that those are the only rights.
Term
Anti-Federalists
Definition
Opposed the Constitution because it gives too much power to the central government. Worried that lack of explicit rights made them subject to misinterpretation.
Term
Judicial Review
Definition
The power of the Supreme Court, and the judiciary in general, to review the actions of other areas of government for consistency with the Constitution and other law. Established by Marshall.
Term
Weaknesses of the Articles of Confederation
Definition
Didn't provide a strong enough central government, so the states taxed each other and there was no simple way of enacting national legislation and dealing with foreign affairs.
Term
Written Constitution
Definition
Written implies a theory of interpretation. It also places the Constitution as the foundational law which cannot be contradicted by later law except by amendment. It also provides strict limits for each branch of government.
Term
Parliamentary Supremacy
Definition
The Legislature is the highest authority in the country, and can supersede a constitution. Not the case in the United States.
Term
Republican Government
Definition
Power devolves from the people to their representatives. All power is sourced in the people, so anything they don't delegate remains with them.
Term
Federalism
Definition
The balance of power between the States and the Federal government.
Term
Separation of Powers
Definition
The division of power in the Federal government between the judicial, legislative, and executive branches.
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