Studied by 9 people
Art. 3, Section 1
Federal judges have life terms unless they commit an impeachable offense
Art. 3, Section 2
SCOTUS is an appellate court except in some cases
Art. 3, Section 3
Treason defendants have the right to a jury
Federalist 78
Argues that there should be a Supreme Court because it is needed to interpret the constitution and to keep the other two branches in check
they do not have the power of the purse or the sword
Certiorari
“to make more certain”; someone asks the court to look over a case again (appeal)
Petitioner
person who appeals a case
Respondent
Person defending the outcome of a previous case
Binding Precendent
All lower courts must listen to the precedent established by the most superior court body
Persuasive precedent
The use of previous precedent to help determine how to decide in a case/ establish a new precedent
Stare Decisis
“let the decision stand”
courts should follow the past interpretation of the law
Judicial Activism
the court changes a lot of precedent; typically see the Constitution as a living and flexible document
Judicial Self-Restraint
when judges decide based on preserving the past precedent; typically see Constitution as a rigid and unchanging document
Litmus Test
How the public determines a judge’s ideologies based on past decisions
Senatorial Courtesy
When the president listens to the Senate when deciding who to nominate for judge positions
Schenck v. US
1st amendment, freedom of speech
Speech that promotes violence or makes someone unsafe is not protected
Tinker v. Des Moines
1st amendment, freedom of speech
Students are allowed to participate in political speech so long as it does not disrupt the class; you cannot stop speech because you think it may be disruptive
New York Times v. US
1st amendment, free speech
The government cannot censor journalists because they think it may cause a threat to national security/ public safety
Enel v. Vitale
1st amendment, establishment clause
Public schools are not allowed to sponsor religious activities or establish religious traditions in class (e.g. daily morning prayer)
Wisconsin v. Yoder
1st amendment, free exercise clause
Rules and laws can be broken in order to allow people to practice their religion (within reason)
McDonald v. Chicago
2nd amendment
All citizens have the right to purchase/ own firearms
Gideon v. Wainwright
6th amendment
Criminal defendants must be given access to a lawyer
Roe v. Wade
Zones of privacy (1st, 3rd, 4th, 5th, & 9th amendments)
Citizens have the right to privacy and that includes a women’s right to obtain an abortion
Selective Incorporation
the process of applying the Bill of Rights, liberty by liberty, to the states through the 14th amendment
Compelling governmental interest
there is a very strong reason for the government to infringe on a person’s liberties
Prior Restraint
the government cannot stop speech because they think it may be harmful
Clear & Present Danger
Someone’s use of their speech puts others at risk/ lead to the spread of harmful actions/ ideology
Symbolic Speech
when someone’s actions have political meaning; cannot be used to justify violence/ law breaking
Obscene Speech
Speech that is determined to be offensive or vulgar; court has not created an official definition
Defamation
when someone prints or shares something false with the intent to damage another person’s reputation (not protected)
1st Amendment, Establishment Clause
government or governing body cannot create a national religion
1st Amendment, Free exercise clause
People have the freedom to practice their religion however they want (as long as it does not hurt anyone else/ within reason)
Lemon Test
Test created by SCOTUS to see if any government actions break the establishment clause
non-religious purpose 2) cannot change the conditions of anyone’s religion 3) does not create a relationship between a religious institution and the government
Procedural due process
How the law is carried out
Substantiate due process
whether or not the law itself violates somebody’s rights
Civil Rights
the rights of entire groups of people
14th Amendment
All citizens of the US should be protected under the same rights across all states, everyone is given due process, and there is equal protection under the law
Separate but equal
Plessy v. Ferguson decision that said people could discriminate so long as the facilities were equal in quality or function
Strict Scrutiny
type of judicial review used in cases regarding discrimination
Don’t Ask, Don’t Tell
Legislation passed by Clinton that did not allow the military to look into a person’s sexuality and did not allow service people to disclose their sexuality
Defense of Marriage Act (DOMA)
Says that states did not have to protect non-traditional (heterosexual) marriages
Obergefell v. Hodges
SCOTUS rules that it is unconstitutional for states to discriminate against LGBTQ+ relationships and marriages
Note 
Flashcard (54)