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Con Law

TermDefinition
En Banc Review When all members of a circuit court hear a case
Stare decisis Precedent followed by the judges
Remand When a court, after making a decision, returns a case to a lower court for further legal proceedings
Gibbons v. Ogden Supreme Court struck down a New York law regulating waterways, saying that it interfered with congress's power under the commerce clause
Lemon v. Kurtzman Supreme Court outlined a famous 3-prong test for deciding whether a law violates the establishment clause
Police Power The power of the government to make all laws that are absolutely necessary to promote the common good of the people
Bicameral Legislature Two houses
In New York Times v. United States, the federal government tried to stop the New York Times from publishing excerpts of this document _________. The Pentagon Papers
New York Times v. Sullivan Origin of the "actual malice" standard for libel suits by public figures
First Supreme Court Chief Justice John Jay
The _________ case is the origin of the imminent and lawless action test. Brandenberg v. Ohio
Steel Seizure Case Youngstown Sheet and Tube Co v. Sawyer, president had exceeded his powers
First Female Supreme Court Justice Sandra Day O'Connor
The check that the legislature has over the other two branches of the federal government The right to impeach
Factions Main evil that democratic governments have to deal with
McCulloch v. Maryland Supreme Court said it was "necessary and Proper" for congress to set up a national bank
This body had to approve of all presidential nominations to the supreme court ___________. The senate
Pro Se Without a lawyer
Per curiam The courts opinion without it being signed
Enumerated Powers Powers specifically granted to the government in the constitution
Justice behind the clear and present danger test Oliver Wendell Holmes
Author of the case declaring that the supreme court has the power of judicial review John Marshall
This set up the judiciary Article III
A request for the supreme court to hear a case Certiorari
In this case, the court declared that it had the power of judicial review Marbury v. Madison
Our current Chief Justice Chief Justice Roberts
The system of shared and divided governance between the federal government and the states Federalism
The executive has this check over the congressional legislation Veto Power
This case is the origin of the clear and present danger test Schenck v. U.S.
The full name of the law that set up inferior courts The Judiciary Act of 1789
Ability of the courts to comment on the constitutionality of the other branches' actions and the laws that congress passes Judicial Review
Process through which some, but not all, of the guarantees of the Bill of Rights have been applied to state governments Selective incorporation
Created by: kaeleijd