Supreme Court and the Bill of Rights

How are courts talked about in the Constitution?

The Supreme Court is the only court directly mentioned in the constitution but congress has the power to establish other inferior courts (US Court of Appeals and US District Courts)

What is jurisdiction? What are the types?

The authority of a court to hear a case.

Original: first time court hears a case

Appellate: court hears an appeal (argument that the law process was unfair)

What does Federalist 78 establish?

Judicial review

In what cases would federal courts have original jurisdiction?

1. Law at issue is a federal law

2. Cases involving treaties

3. Cases involving the Constitution

4. Case where the US government is a party to the litigation (US sues or is being sued)

What is the US Circuit Court of Appeals?

• Made to help the Supreme Court because they were overwhelmed (largely after the 14th amendment)

How many judges are currently on the supreme court?

9 (does not have to be)

Describe Marbury v Madison?

Adams appointed a lot of federal judges before Jefferson took office because he disliked Jefferson’s ideas. One appointed judge was refused his job because Jefferson didn’t like him and it went to the Supreme Court. ESTABLISHED JUDICIAL REVIEW

What is stare decision?

“let the decision stand” (job of court)

What is a binding precedent?

A lower court cannot overturn the decision of a higher court

What is a persuasive precedent?

Decisions from other courts that are not binding

What is standing?

Requirements for bringing a case to court, have to be impacted/harmed by event to bring case

Describe McCulloch v Maryland.

Argued if it was legal for the court to establish a national bank. Decided yes using the necessary and proper clause.

Describe Plessy v Ferguson.

Ruled seperate is equal

What is the party of the Supreme Court currently?

Conservative (6-3)

Name the 9 Supreme Court Justices.

1. Chief Justice- Roberts

2. Thomas

3. Alito

4. Sotomayor

5. Kagan

6. Gorsuch

7. Coney Barrett

8. Kavanaugh

9. Brown Jackson

How does the court historically rule in cases concerning corporations and workers?

Typically favors corporations (ruled minimum wage laws are unconstitutional because they violate your right to enter a contract) REGARDS CONTRACT LIBERTY

What is a constructionist?

Interprets constitutional powers strictly as they are written

What is an originalist?

Goes by original meaning of text

What is a liberal constructionist?

Interprets constitution as a living document

Describe Miranda v Arizona.

Police have to tell defendants their rights

What is judicial activism?

Judges strike down laws to create new ones (ex. Roe v Wade)

What is judicial restraint?

Judges only strike down laws that clearly contradict constitution (follow precedent) (ex. Scott v Sanford)

What is per curiam?

Court makes a decision without a full explanation.

What does Federalist 10 argue?

A strong centralized federal government is necessary to control factions

What does Federalist 51 argue?

Checks and balances

What does Federalist 70 argue?

An energetic executive is necessary for a successful government, especially in a crisis

What does Brutus 1 argue?

Strong state government and weak federal government is ideal as local governments best respresents the will of the people

What is discretionary spending?

The money that Congress decides to spend in its yearly budget

What is mandatory spending?

Money that is required by law to be spent, it is not part of the yearly Congressional budget debate

What is delegated discretionary authority?

Power given to executive agencies from Congress to interpret broad laws and implement policies using their own judgment

What were the initial protections in the Bill of Rights?

• No bill of attainder: Bill arresting a specific person

• Ex-post facto law: Can’t be arrested for something illegal you did if it was legal when you did it

• Habeas Corpus: Right to trial by jury

What did Thomas Jefferson want in terms of church and state?

A “wall of protection”

What is the abridgment of free exercise

Right to (or not to) practice religion

What are time, place, and manner restrictions?

Restrictions on speech:

1. Restriction must be content neutral (no favoring)

2. Restriction must serve a significant government interest

3. Restriction must be narrowly tailored

4. Must be adequate alternative ways of expression

What is symbolic speech?

Nonverbal communication. You cannot justify illegal actions by claiming free speech

Describe Tinker v Des Moines.

REGARDS FREEDOM OF SPEECH. Students wore black armbands to protest the Vietnam War, but since protests were not disruptive to the educational process, it was protected by the constitution

Describe New York Times v US

REGARDS FREEDOM OF THE PRESS. Publication of the papers that proved the US was lying about the Vietnam war were protected under the 1st amendment.

What is Libel?

False statements in print about someone to defame their reputation

Describe Schenck v US.

REGARDS VIOLENT SPEECH. Schenck encouraged people to dodge the military draft in WWI, and the Supreme Court ruled that speech that presents a “clear and present danger” is not constitutionally protected (you can’t yell fire in a crowded theatre)