Term
| Individualist approach to government |
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Definition
| One of the twin foundations of American constitutionalism; a theory based on the assumption that individuals and their interestts take precedence over the larger community. Government exists to preserve and protect individual rights. |
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| Communitarian approach to government |
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Definition
| One of the twin foundations of American constitutionalism; a theory which stresses the public interest and community values over those of thee individual. Government is seen as a positive force in achieving the common good. |
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Term
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Definition
| the view that judges should defer to the officials in the legislative and executive branches, because they are more politically responsible to the voters. This view also maintains that judges should not inject their own views of "good" or "wise" public policy into their dicision making, but rather leave that determination to popularly-elected representatives of the people. |
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Term
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Definition
| The view that judges must, on occasion, overrule the actions of popularly-elected representatives if those actions are either "unwise" public policy or contrary to some specific provision of the Constitution. |
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Term
| Current Supreme Court Justices |
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Definition
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Term
| Weaknesses of the Articles of Confederation |
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Definition
- all governmental power in the congress, a unicameral legislative body
- did not provide for an executive
- did not provide for a federal judiciary (states retained full sovereignty)
- no power to tax or regulate commerce
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Term
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Definition
| James Madison, Alexander Hamilton, and John Jay. Supported ratification of the Constitution |
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| Doctrine of Nullification |
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Definition
| Idea that the states are the ultimate judge of what is constitutional. John C. Calhoun authored a statement about it. |
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Term
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Definition
| Powers not specifically delegated to the national government but which can reasonably be inferred. Stem from the Necessary and Proper Clause and were first given official regonition in McCulloch v. Maryland (1819). |
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Definition
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| Eras of Supreme Court history |
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Definition
1789-1801: Pre-Marshall - Consolidation & nation-building 1801-1835: Marshall Court - Judicial nationalism; expanding democracy; states rights - Marbury v. Madison 1864-1890: Taney Court - Slavery; states rights; sectionalism - Dred Scott v. Sandford 1890-1937: Judicial Revival - Reconstruction; econ. devel.; territorial expansion 1890-1937: Judicial Self-Confidence - Trust-Building; WW I; eco. depression - Plessy v. Ferguson 1937-1953: New Deal Court - Eco. Recovery; WW II; Cold war - Korematsu v. U.S. 1953-1969: Warren Court - Desegregation; political equality; minority rights - Brown v. Board of Education 1969-1986: Burger Court - Vietnam War; Watergate; eco. deregulation - Roe v. Wade 1986-2005: Rehnquist Court - Eco. instability; budget deficits; Iraq War |
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Term
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Definition
| The judicial philosophy associated with Chief Justice John Marshall; articulated in several decisions advancing such prinsiples as popular sovereignty, supremacy of the national government, an authoritative role for the Supreme Court to interpret the constitution, and the need for flexibility in interpreting that document. |
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| Anti-federalist' arguments |
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Definition
| Constitution granted the federal government powers too broad and too ill-defined. Feared a distant 'kingly' president. Failure to contain a bill of rights. |
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Term
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Definition
The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions.
The Constitution, then, spells out four paths for an amendment:
* Proposal by convention of states, ratification by state conventions (never used)
* Proposal by convention of states, ratification by state legislatures (never used)
* Proposal by Congress, ratification by state conventions (used once)
* Proposal by Congress, ratification by state legislatures (used all other times) |
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Term
| Necessary and Proper Clause |
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Definition
| used for various purposes including the creation of a national bank as well as regulating interstate commerce and the New Deal. |
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Term
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Definition
| the right of executive officials to refuse to appear before or withold information from a legislative committee or a court on the grounds that certain communications between a president and his advisers are protected from disclosure. Was limitied by U.S. v. Nixon. |
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Term
| Interstate Commerce Power |
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Definition
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Term
| "one-person, one-vote" principle |
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Definition
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Term
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| the theory of federalism associated originally with Chief Justice Taney which held that the national and state governments each were sovereign in their respective spheres of authority. |
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Term
| Supreme Court Revolution of 1937 |
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Definition
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Term
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Definition
| the idea that clearly identifiable, concrete rights can be found among due process guarantees. This view holds that the due process of law goes beyond mere procedural fairness, and includes specific rights and liberties. ex.: freedom of contract and corporate property rights. |
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Term
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Definition
| the expression of ideas and symbols (i.e., armbands, sit-ins, signs) rather than spoken words; generally seen as protected by the 1st Amendment, although it can be regulated under time, place, and manner guidelines. |
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