Judicial reviewJudicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.
Federalist PartyThe Federalist Party was a conservative and nationalist American political party and the first political party in the United States. Under Alexander Hamilton, it dominated the national government from 1789 to 1801. Defeated by the Democratic-Republican Party in 1800, it became a minority party while keeping its stronghold in New England and made a brief resurgence by opposing the War of 1812. It then collapsed with its last presidential candidate in 1816. Remnants lasted for a few years afterwards.
U.S. stateIn the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside.
Article One of the United States ConstitutionArticle One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Article Three of the United States ConstitutionArticle Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress.
Tenth Amendment to the United States ConstitutionThe Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state. The amendment was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution.
Necessary and Proper ClauseThe Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Since the landmark decision McCulloch v. Maryland, the US Supreme Court has ruled that this clause grants implied powers to US Congress in addition to its enumerated powers.
Aaron BurrAaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician and lawyer who served as the third vice president of the United States from 1801 to 1805 during Thomas Jefferson's first presidential term. His legacy is defined by his famous personal and political conflict with Alexander Hamilton, which culminated in the Burr–Hamilton duel in Weehawken, New Jersey on July 11, 1804, during which Burr mortally wounded Hamilton, who died from his wounds the following day.
Judiciary Act of 1789The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.
Federalism in the United StatesIn the United States, federalism is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and new federalism.
