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Judicial Review

TermDefinition
Judicial Review the ability of the courts to determine the constitutionality of a law or government action
Necessary and Proper Clause this clause enables Congress to exercise powers not explicitly granted by the US Constitution
Implied Powers these are powers authorized by the US Constitution that, while not stated, seem implied by powers that are expressly stated.
Supremacy Clause establishes that the federal government and US Constitution are the supreme law of that of the states.
Commerce Clause the US Constitution grants Congress the power to regulate commerce among the several states.
Marbury Vs Madison In this United States Supreme Court case, the concept and right of Judicial Review was established. The court has the right to hear cases dealing with US Constitutional issues.
McCulloch Vs Maryland In this United States Supreme Court case, two issues were dealt with by the court. States do NOT have the right to tax the federal government and it is "necessary and proper" for the federal government to establish a federal bank in order to collect taxes (as granted by the US Constitution)
Gibbons Vs Ogden In this United States Supreme Court case, two issues were dealt with by the court. Due to the "Commerce Clause" of the US Constitution, states do not have the right to control the waterways & rivers. In addition, this case upheld the establishment of the Supremacy Clause concerning federal law.
Weeks Vs United States 1914 was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment.
United States Vs Eichman is a United States Supreme Court case that invalidated a federal law against flag desecration as violating of free speech under the First Amendment.
Agostini Vs Felton is a United States Supreme Court case that invalidated the allocation of federal money to fund religious schools or support religious students. This would be a clear violation of the separation of church and states outlined within the 1st amendment of the US Constitution.
Tinker Vs Des Moines School District is a United States Supreme Court case that clear states that students possess 1st Amendment rights to protest as long as the function of the school itself is not disrupted. Wearing an armband to protest war was NOT a disruption.
Rostker Vs Goldberg was a decision of the United States Supreme Court holding that the practice of requiring only men to register for the draft was constitutional
Illinois Vs Wardlow in this United States Supreme Court case the police officers did not violate the Fourth Amendment when they stopped a suspect who ran, because the officer was justified in suspecting that the accused was involved in criminal activity and, therefore, in investigating further.
Nixon Vs Fitzgerald The Court held that the President "is entitled to absolute immunity from damages liability predicated on his official acts."
Writ of Certiorari this is the procedure for application for a case to be heard in the United States Supreme Court
Supreme Court this is the highest court in the "land" or United States. There are 9 justices who sit on the court
Supreme Court Justice Appointment process a man or woman is nominated by the President of the United States and a confirmation hearing is held by the United States Senate (the Judiciary Committee).
Federal Courts of Appeal there are 12 regional "circuit" courts and this is the intermediate level in the federal court system
Federal District Courts there are 94 judicial districts in the United States and territories and this is the lowest level in the federal court system
Created by: PeaceIDABaker
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