M3-3 Notes.docx - Key Terms Precedents a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar cases Rule

M3-3 Notes.docx - Key Terms Precedents a legal decision or...

This preview shows page 1 - 2 out of 6 pages.

Key Terms Precedents- a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar cases. Rule of law- the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced Stare decisis- the doctrine that rules or principles of law on which a court rested a previous decision are authoritative in all future cases in which the facts are substantially the same Judicial review- the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official. Supremacy Clause- the clause in United States Constitution's Article VI, stating that all laws made furthering the Constitution and all treaties made under the authority of the United States are the “supreme law of the land.” Equal protection- A phrase in the Fourteenth Amendment to the United States Constitution requiring that states guarantee the same rights, privileges, and protections to all citizens establishment clause- neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another Symbolic speech- describe actions that purposefully and discernibly convey a particular message or statement to those viewing it Due process- fair treatment through the normal judicial system, especially as a citizen's entitlement Right to privacy- As an individual's legal right, not explicitly provided in the United States Constitution, to be left alone and live life free from unwarranted publicity. Privacy rights are considered fundamental rights. Certain fundamental rights are protected under the Constitution Inalienable rights- a right according to natural law, a right that cannot be taken away, denied, or transferred; life, liberty and pursuit of happiness McCulloch v. Maryland (1819)- The Supreme ruled in favor of McCulloch. It ruled that the Necessary and Proper Clause of the United States Constitution stated that the Federal Government was permitted to operate banks within individual states without paying taxes. It guaranteed that Federal law was supreme and outranked state/local laws. Necessary and Proper Clause- "To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18) Marbury vs Madison- This established the principle of judicial review. It was the first time the court declared a law, Judiciary Act of 1789, unconstitutional Brown vs Board of Education- The Supreme Court ruled in favor of Brown and ordered the desegregation of all public schools. They wrote Separate educational facilities are inherently unequal" and "such segregation is a denial of the equal protection of the laws." This also applied the 14th Amendment “equal protection” law to this case. This set precedent because it made all public school adhere to this ruling.
Image of page 1
Image of page 2

You've reached the end of your free preview.

Want to read all 6 pages?

  • Fall '19
  • Adams

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors