Judiciary Branch

Marybury v. Madison

Marshall established the principle of Judicial review, i.e., the power to declare a law unconstitutional

Plessy v. Ferguson

established the constitutionality of racial segregation

Brown v. Board of Education

separate is not equal and it struck down segregation in schools leading the war for the civil rights movement

miranda v. arizona

we now have Miranda Rights and have them read to us upon being arrested

judicial review

the power to determine the constitutionality of laws or executive actions

Judicial Restraint

view that the Constitution should be interpreted according to the original intent of the framers (interpret, not write the law)

Judicial Activism

view that argues judges should use their power broadly to further justice and apply present day values to their constitutional decisions (right wrongs)

Stare Decisis

justices are led by this concept and they generally upholds their past precedents

let the decision stand

stare decisis

1. cases involving two or more states

2. cases that are brought against ambassadors or other public ministers

when does the supreme court have original jurisdiction?

“the rule of four”

four of nine Justices must agree for a case to be put on a court docket

writ of certoran

to be made more certain

the Majority opinion

“ the opinion of the court”

concurring opinion

judges write why they agree with the majority opinion

dessenting opinions

judges write why they disagree with the majority opinion

94

How many federal district courts did Congress create?

criminal case

defendant is tried for committing an action that congress has declared to break a federal crime

civil case

non criminal matters, disputes over contract and seek money for damages

Congress

Who was the federal court of appeal created by and is called the gatekeeper to relieve the burden on the Supreme Court

courts-martial

serve the special disciplinary needs of the armed forces and are not a part of the federal court system

More experience, having a constant, no re-elections, they don’t have to learn their job. Since they aren’t supposed to be affiliated with a particular part they will be harder to be swayed under political pressures.

Why do you think the Supreme Court serves for life?

the supreme court can declare laws unconstitutional. They couldn’t make a decision because it was based off the Supreme Courts morals and not off the Constitution.

Explain how Marbury v. Madison affected the supreme court’s powers with judicial review?

In Plessy v. Ferguson established the constitutionality of racial segregation allowing for equal but separate accommodations. Brown v. Board of Education said that separate is not equal and it struck down segregation in schools saying that separating children in public schools based on race was unconstitutional. Plessy v. Ferguson allows racial segregation leading to the Jim Crow laws. Brown v. Board of Education lead the way for the civil rights movement.

Explain how the Supreme Court cases Plessy v. Ferguson and Brown v. Board of Education of Topeka, Kansas affected society? (Verdicts and Impacts should be mentioned in answers)

president

which elected official has the power to appoint a justice to the supreme court?

senate must approve the individual

after a justice is appointed to the supreme court, what is the next step in the process?

Congress

Who is responsible for creating lower courts?

miranda rights; rights were added by the judicial branch (Miranda vs. Arizona supreme court case)

5th amendment

lawyer; Gideon vs. Wainwright, what happens if you cannot afford a lawyer

6th amendment

slavery is abolished; abolished slavery and involuntary servitude, except as punishment for a crime

13th amendment

citizenship; birth, naturalized, resident for 5 years, married to US citizen and resident for 3 years (equal treatment and protection under the law)

14th amendment

voting for African Americans; insures Black males the right to vote, citizens cannot be denied the right to vote because of race or color

15th amendment