Glossary
Appeals Courts (Circuit Courts)
Intermediate federal courts that hear appeals from the district courts. They review decisions made by lower courts to ensure legal procedures were followed correctly.
Example:
If a defendant believes their trial in a district court had a legal error, they can take their case to the Appeals Courts.
Balance of Power
A system of checks and balances designed to ensure that no single branch of government becomes too powerful. It involves each branch having some oversight over the others.
Example:
The President's power to veto legislation passed by Congress is an example of the Balance of Power at work.
Constitutionality
The quality of being in accordance with the U.S. Constitution. Laws or actions are deemed constitutional if they do not violate the principles or provisions of the Constitution.
Example:
Before implementing a new policy, government lawyers often assess its Constitutionality to avoid legal challenges.
Dispute Resolution
The process by which conflicts or disagreements are settled, often through legal means within the judicial system. Courts provide a forum for resolving disputes fairly.
Example:
When two companies have a contract disagreement, they might engage in Dispute Resolution through a civil lawsuit.
District Courts
The lowest level of federal courts, serving as the trial courts where cases are initially heard, evidence is presented, and decisions are made. There are 94 such courts across the U.S.
Example:
Most federal criminal cases, like bank robbery or drug trafficking, begin in the District Courts.
Federalist No. 78
An essay written by Alexander Hamilton arguing for the importance of an independent judiciary. It explains that the judiciary, while lacking 'force or will,' is essential for protecting the Constitution and individual rights.
Example:
When debating the lifetime tenure of federal judges, scholars often refer to Federalist No. 78 to support the idea of judicial independence.
Individual Rights and Liberties
Fundamental freedoms and protections guaranteed to citizens by the Constitution, particularly through the Bill of Rights. These include freedoms like speech, religion, and due process.
Example:
The First Amendment protects Individual Rights and Liberties such as the freedom of assembly, allowing citizens to gather peacefully.
Judicial Branch
The branch of the U.S. government responsible for interpreting laws and ensuring their alignment with the Constitution. It acts as the referee of the government, ensuring fairness and justice.
Example:
When a new law is passed, it's the Judicial Branch's role to determine if it adheres to the principles outlined in the Constitution.
Judicial Review
The power of the courts, especially the Supreme Court, to review laws and actions of the legislative and executive branches and declare them unconstitutional. This power is a cornerstone of American law.
Example:
If Congress passed a law that restricted freedom of speech, the Supreme Court could use Judicial Review to strike it down.
Marbury v. Madison
The landmark 1803 Supreme Court case that established the principle of judicial review. This decision significantly expanded the power of the judiciary.
Example:
Students often study Marbury v. Madison to understand how the Supreme Court gained the authority to invalidate unconstitutional laws.
Separation of Powers
The division of governmental power among the legislative, executive, and judicial branches. This principle is designed to prevent any single branch from becoming too powerful.
Example:
The fact that Congress makes laws, the President enforces them, and the courts interpret them is a clear demonstration of the Separation of Powers.
Supreme Court
The highest federal court in the United States, consisting of nine justices. It serves as the final arbiter on matters of constitutional law and has the ultimate say on legal appeals.
Example:
A case involving a significant constitutional question will often make its way up to the Supreme Court for a final ruling.