Unit 5 - The Judicial Branch

A weakness of the Articles of Confederation was that it did not provide for what?

a national judiciary

Which federal court exercies both original and appellate jurisdiction?

the Supreme Court

Why is the Supreme Court called the High Court?

It is the last court in which federal questions can be decided.

The Court of Appeals for the Federal Circuit differs from the other 12 federal courts of appeals. How so?

It hears cases from across the country.

What determines th eterm of office for constitutional court judges?

the Constitution

Who holds the power of judicial review?

most federal and State courts

facts about civil rights

Each person's rights are relative to the right sof others, they sometimes conflict with one another and they may be limited in wartime.

prior restrait

judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. 1st amendment restrains this; Supremem Court rarely upholds this

Laws against seditious speech have been upheld bu the Supreme Court if they do what?

urge people to overthrow the government

Government has the right to make reasonable rules regularing assemblies to protect against what?

the inciting of violence or the endangerment of life.

The Due Process Clause guarantees what?

States will not d eny people any basic or essential liberties

What is commercial speech protected by?

1st and 14th Amendments

What has received the most limited 1st Amendment protection?

radio and television

Why were individual rights included in the Constitution?

the people demanded a listing of rights

What were the 10 amendments known as the Bill of Rights originally intended as restrictions against?

the new National Government

Under the Establishment Caluse, the government still has the power do do what?

use tax money to pay for busin students to parochial schools, provide public funds for some uses in church-related schools, exercise contro over public, seasonal displays

The Supreme Court has developed hte "clear and present danger" rule in deciding cases involving laws against what?

sedition

This gives people hte right to hold any religious beliefs.

the Free Exercise Clause

Why is there no exact definition of hte due process guarantees?

The Supreme Court only definse the guarantees on a case-by-case basis.

The right to privacy inherent in the concept of due process has been applied with the most controversy in cases involving what?

abortion

What requires the police to bring a prisoner before hte court and explain why he or she should not be released?

write of habeas corpus

To have a fair trial, a person is guarantted what?

trail within a reasonable time, trial by jury, and adequate defense

What is the main reason the Constitution dealt specifically with the crime of treason?

It is a crime against the country, not against individuals.

What was decided by teh Supreme Court to be "cruel and unusual punishment"?

denying inmates needed medical treatment

What protects a person from being tried for the same crime twice?

double jeopardy

The inclusion of two due process caluses int he Constitution reflects what idea?

The Bill of Rights is for the National Government and the 14th Amendment is for the States and their local governments.

What does the 13th Amendment forbid?

slavery and most forms of involuntary servitue

In what court case didid????

Furman v. Georgia

What amendment forbids unreasonable searches and seizures?

4ht Amendment

What is used to prevent the accused from being unjustly arrested and imprisoned without cause?

write of habeas corpus

What is the 6th Amendment's guarantee of a spedy and public trial aimed at?

trying those accused of crimes without undue delay and avoiding secret trials

What is the only crime that is specifically in the Constitution?

treason

What is the most accurate description of the way minority groups historically have been treated in the United States?

with reluctance to accept their equality

What does the Constitution state about equality?

No person can be denied equal protection of the laws.

How can a person become a citizen of the United States?

by being born in the U.S., being born beyond American jurisdiction to American parents, or by and act of Congress or a treaty

What were women denied in the past?

educational opportunities, the right to own property, suffrage

Citizenship by birth is determined by the rules of

jus soli and jus sanguinis

What was the first major Supreme Court case that challenged affirmative action?

University of California v. Bakke

What is the continuing theme of immigration policy in the U.S.?

adapt regulations to fit changing conditions at a particular time

What describes the Supreme Court decision in Brown v. Board of Education of Topeka?

It reversed the earlier decision of Plessy v. Ferguson. It held that segregation by race in public education in unconstitutional. It struck down the separate-but-equal doctrine in education.