Chapter 9 Review32 Total Terms
Chapter 9 Key Terms & Vocabulary
Comprehensive index of all scientific terms, definitions, and examples across Chapter 9: Federalist No. 78 (Alexander Hamilton, 1788).
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From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
Judiciary DepartmentConstitutional Law
The branch of government responsible for interpreting the laws, administering justice, and resolving legal disputes.
Example: Federal courts established under Article III of the U.S. Constitution.
From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
Good Behavior TenureConstitutional Law
The constitutional standard under which federal judges hold their offices indefinitely, removable only through impeachment and conviction.
Example: Article III judges serving for life barring misconduct.
From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
The Sword and the PursePolitical Philosophy
Hamilton
Example: Congress holds the purse strings while the President commands executive enforcement.
From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
Limited ConstitutionConstitutional Law
A fundamental charter of government that places explicit restrictions and specified exceptions on legislative authority.
Example: The U.S. Constitution prohibiting bills of attainder.
From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
Judicial ReviewConstitutional Law
The power of courts to examine legislative and executive acts and declare them void if they violate the constitution.
Example: Marbury v. Madison establishing the Supreme Court
From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
Bill of AttainderLegal History
A legislative act that pronounces a person guilty of a crime and punishes them without a trial in a court of law.
Example: Expressly forbidden to both Congress and the states by the Constitution.
From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
Ex-Post-Facto LawLegal History
A law that retroactively changes the legal consequences of actions committed before the enactment of the law.
Example: Making an action a crime after it was already performed.
From Section 9.1: Federalist No. 78 (Alexander Hamilton, 1788) (Primary Text)
Voluminous Code of LawsJurisprudence
The extensive and complex body of statutory laws and legal precedents characteristic of advanced free societies.
Example: The massive compilation of federal statutes and judicial case law.
From Section 9.2: Modern Translation & Plain-English Guide
Judicial ReviewConstitutional Law
The power of courts to examine government actions and legislative acts to determine if they violate the Constitution, declaring them void if they do.
Example: The Supreme Court striking down a federal law that violates free speech.
From Section 9.2: Modern Translation & Plain-English Guide
Good Behavior TenureConstitutional Law
A constitutional rule allowing federal judges to hold their offices for life as long as they do not commit impeachable offenses.
Example: Article III federal judges serving until retirement, resignation, or impeachment.
From Section 9.2: Modern Translation & Plain-English Guide
The Sword and the PursePolitical Philosophy
Hamilton
Example: Congress controls the purse strings of the federal budget, while the President commands the sword of the military.
From Section 9.2: Modern Translation & Plain-English Guide
Limited ConstitutionConstitutional Law
A fundamental governing document that explicitly places boundaries and restrictions on what government officials and legislatures are allowed to do.
Example: The U.S. Constitution prohibiting Congress from passing ex post facto laws or establishing a state religion.
From Section 9.2: Modern Translation & Plain-English Guide
Least Dangerous BranchPolitical Philosophy
Hamilton
Example: Federal courts cannot draft soldiers or spend tax dollars.
From Section 9.2: Modern Translation & Plain-English Guide
PrecedentLegal Practice
A legal principle or rule established in a previous court case that is binding on or influences subsequent decisions in similar cases.
Example: Landmark Supreme Court rulings that guide how lower courts interpret privacy rights.
From Section 9.2: Modern Translation & Plain-English Guide
JudiciaryGovernment Structure
The branch of government comprising courts and judges responsible for interpreting the law and administering justice.
Example: The federal court system, headed by the U.S. Supreme Court.
From Section 9.2: Modern Translation & Plain-English Guide
Rule of LawPolitical Philosophy
The political ideal that all citizens and institutions within a country are subject to and accountable to law that is fairly applied and enforced.
Example: Even the President of the United States must obey federal court orders.
From Section 9.3: Core Principles & Constitutional Arguments
Judicial ReviewConstitutional Law
The power of courts to examine legislative and executive actions and declare them null and void if they violate the Constitution.
Example: The Supreme Court striking down a federal law for violating the First Amendment.
From Section 9.3: Core Principles & Constitutional Arguments
Least Dangerous BranchPolitical Philosophy
Hamilton
Example: The judiciary
From Section 9.3: Core Principles & Constitutional Arguments
Good Behavior TenureConstitutional Law
The constitutional provision allowing federal judges to hold office indefinitely during good behavior, effectively granting life tenure.
Example: Article III federal judges serving until death, resignation, or impeachment.
From Section 9.3: Core Principles & Constitutional Arguments
Constitutional SupremacyConstitutional Law
The principle that the Constitution is the fundamental law of the land, superior to all statutory laws and government acts.
Example: Federal statutes conflicting with constitutional rights being struck down by federal courts.
From Section 9.3: Core Principles & Constitutional Arguments
Judgment vs. WillPolitical Philosophy
The philosophical distinction that courts exercise objective legal interpretation (judgment) rather than political preference or policy-making (will).
Example: A judge ruling based on statutory precedent rather than personal political ideology.
From Section 9.3: Core Principles & Constitutional Arguments
Limited ConstitutionConstitutional Law
A constitution that contains explicit, specified exceptions and limitations to legislative authority.
Example: Prohibitions against bills of attainder and ex-post-facto laws.
From Section 9.3: Core Principles & Constitutional Arguments
Judicial IndependencePolitical Philosophy
The institutional separation of courts from the executive and legislative branches, insulating judges from political influence.
Example: Protection against salary reductions and removal without impeachment for federal judges.
From Section 9.3: Core Principles & Constitutional Arguments
Ill HumorsPolitical Philosophy
Temporary societal passions, populist panics, or factional prejudices that threaten individual rights and minority factions.
Example: Nativist panics leading to unjust restrictions on minority classes of citizens.
From Section 9.4: Historical Context, Debate & Modern Impact
Judicial ReviewConstitutional Law
The power of courts to examine legislative and executive actions and declare them null and void if they violate the Constitution.
Example: Established nationally in Marbury v. Madison (1803), drawing directly on the theoretical framework of Federalist No. 78.
From Section 9.4: Historical Context, Debate & Modern Impact
Good Behavior TenureConstitutional Law
The constitutional standard under Article III specifying that federal judges hold office for life unless impeached and convicted of misconduct.
Example: Designed to shield judges from political pressures and ensure impartial decision-making.
From Section 9.4: Historical Context, Debate & Modern Impact
Counter-Majoritarian DifficultyPolitical Philosophy
The theoretical dilemma in democratic theory where unelected judges overturn laws passed by majority-elected legislatures.
Example: Scholars debate whether judicial review undermines democratic self-governance or protects fundamental minority rights.
From Section 9.4: Historical Context, Debate & Modern Impact
Least Dangerous BranchHistorical Context
Hamilton
Example: Used to reassure Anti-Federalists that the Supreme Court could not independently tyrannize the republic.
From Section 9.4: Historical Context, Debate & Modern Impact
Anti-FederalistsHistorical Context
A coalition of political leaders who opposed the ratification of the 1787 Constitution, warning against consolidated federal power.
Example: Brutus argued that federal life-tenured judges would create an unaccountable judicial aristocracy.
From Section 9.4: Historical Context, Debate & Modern Impact
Limited ConstitutionConstitutional Law
A fundamental charter of government containing specific written restrictions and exceptions to legislative authority.
Example: The U.S. Constitution, which explicitly prohibits bills of attainder and ex post facto laws.
From Section 9.4: Historical Context, Debate & Modern Impact
Marbury v. MadisonLandmark Precedents
The landmark 1803 Supreme Court case where Chief Justice John Marshall formally established the Court
Example: The Court struck down a section of the Judiciary Act of 1789 for violating Article III of the Constitution.
From Section 9.4: Historical Context, Debate & Modern Impact
Judicial IndependencePolitical Philosophy
The principle that the judiciary should be insulated from the other branches of government and public opinion.
Example: Maintained through lifetime appointments and protected judicial salaries under Article III.