Judicial Branch and 27 Amendments test: Gov

1st amendment

freedom of religion, press, speech, assembly, and petition

2nd amendment

protects the right of the people to keep and bear arms

3rd amendment

prohibits the quartering of soldiers

4th amendment

protects from unreasonable search and seizure 

5th amendment

prohibits double jeopardy

6th amendment

provides the accused a right to a public and speedy trial in criminal prosecution

7th amendment

right to trial by jury in civil case

8th amendment

prohibits excessive bail, excessive fines, and cruel and unusual punishment

9th amendment

gives rights to the people that are not specifically mentioned in the Constitution

10th amendment

reserves certain powers to the states

11th amendment

provides states with sovereign immunity from suits made by citizens of other states

12th amendment

provides the procedure for electing the president and vice president

13th amendment

abolishes slavery

14th amendment

defines citizenship and guarantees all citizens due process and equal protection of the laws

15th amendment

prohibits the government from denying a citizen the right to vote based on their race

16th amendment

allows congress to levy income tax

17th amendment 

provides for the popular vote of the Senators 

18th amendment

prohibits the manufacturing, sale, or transportation of alcohol

19th amendment

prohibits any US citizen from being denied the right to vote based on sex

20th amendment

establishes the beginning and ending of the terms for the president, vice president, and congress

21st amendment

repeals the 18th amendment (prohibition)

22nd amendment 

sets term limits for the president 

23rd amendment

allows the district of Columbia to vote for the president and vice president

24th amendment

prohibits poll taxes

25th amendment

deals with presidential succession and disability

26th amendment

voting age set to 18

27th amendment

prohibits salary increases or decreases for members of congress to take effect until a congressional election has intervened. 

affirm

that the finding from the lower court is upheld (unsuccesful)

appellate judges

review the decisions of lower court judges

briefs

filed by friends of the court, some organizations that have an interest in the issue.

circuit courts

13 circuits. if you lose a case in one of the federal courts you can appeal it to your circuit court.

constitutional cases

issues on federal constitutional rights

courts under the Articles of Confederation

meant to be the weakest of the 3 departments of power

dissenting opinion

justices that disagree can write these

district courts

one trial level court, some larger states have multiple districts

federal law cases

congress passed a law and there is a disagreement among the lower courts about what the law means

judicial review

to declare something unconstitutional

judicial term limits

as long as they stay in good behavior, there are no limits on how long they can serve

majority opinion

the senior justice in the majority decides which justice is going to write the opinion

Marbury vs. Madison

after election, president adams tries to fill the courts w federalist judges (midnight judges) but Secretary John Marshall fails to give out some of the judgeship which causes William Marbury to ask the court force the executive branch to do something, and in the end CHief Justice decides that he can’t do that. 

nomination process

by the president and confirmed by senate

original jurisdiction

when you’re arrested and brought to court for trial, dispute between states

remand

the case is sent back to the lower court for a retrial w any irregularities corrected

reverse

the lower court’s ruling was in error and overturned (win)

split authority

when there is a split in whether what happened is truly illegal

supreme court

the only federal court and one of few kinds of appellate courts that you have no inherent right to be heard in front of and they grant permission very rarely.

trial judges

figure out what the law is and sometimes figure out facts