Unit 6: The Judiciary

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What article are the judicial powers listed in?

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1

What article are the judicial powers listed in?

Article III

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2

Why is Article III so short?

The founding fathers were already familiar with a court system

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3

The Supreme Court was created by the Constitution

True

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4

Who wrote Federalist Paper #78?

Hamilton

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5

What did Hamilton state about the judicial branch?

It was “the least dangerous branch”

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6

What is the judicial branch’s only power (quiver)?

Judgement

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7

What is the definition of Judicial Review?

The power to declare whether a law is constitutional or unconstitutional

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8

Who is the Chief Justice of the Supreme Court?

John Roberts

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9

In the baseball analogy, who are the teams?

Congress/president/states

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10

In the baseball analogy, who is the umpire?

Judges/the Supreme Court

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11

In the baseball analogy, who/what is the rulebook?

The Constitution

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12

Activists are ____, while restraints are ____.

Liberal, conservative

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13

What is the conservative to liberal ratio in the Supreme Court?

6-3

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14

Who are the six conservative Supreme Court justices?

Roberts, Gorsuch, Thomas, Alito, Kavanaugh, Barrett

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15

Who are the three liberal Supreme Court justices?

Jackson, Sotomayor, Kagan

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16

Restraints believe in ____, while activists believe in a ____ ____.

Originalism, living Constitution

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17

What is originalism?

The meaning of the Constitution doesn’t change

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18

Because of their idea of originalism, what limitations do the conservative justices believe in?

Limited rights and federal powers

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19

What decision overturned Roe V. Wade?

Dobbs Decision

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20

What was the outcome of the Dobbs Decision?

The statement that abortion laws be left to states to decide

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21

What does the term “living Constitution” mean?

The taking of broad Constitutional principles and applying them to specific, modern situations

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22

The liberal justices believe in the creation of new rights and broader powers

True

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23

What is the age requirement to serve in the Supreme Court?

None

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24

To become a Supreme Court justice, you must have had a previous job in the field of law

False

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25

How long is the term for Supreme Court justices?

Life

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26

Who nominates the Supreme Court justices?

President

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27

What two characteristics do Supreme Court nominees typically have?

Similar ideologies of the president nominating them, as well as being young(er)

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28

Which two justices had controversial Senate judiciary hearings?

Thomas and Kavanaugh

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29

What group votes for the confirmation of the Supreme Court nominees?

Senate

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30

How many votes does the Senate need in order to confirm a Supreme Court nominee?

Simple majority

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31

Supreme Court justices typically have an ____ education

Elite

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32

What are the two most common jobs Supreme Court justices have before being appointed into the judiciary?

Circuit court judges + Supreme Court clerks

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33

Which justice had the first experience of the Litmus Test?

Robert Bork

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34

The Litmus Test is is a test of one’s ____ ____

Ideological purity

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35

What are the three things that make up the “test” of competence and character?

Good character, professional competence, and individual values and qualities

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36

Where is the Supreme Court located?

Washington D.C.

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37

How many circuit courts are there?

12

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38

What is the number of the Californian circuit court, and where is it located?

9th, located in San Francisco

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39

How many district courts are there?

94

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40

Fresno is the location of our ____ ____

District court

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41

From most to least common, what are the three paths to the Supreme Court?

Federal route, state route, original jurisdiction

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42

How many petitions are there annually for a Supreme Court case? How many get accepted?

10,000-20,000 petitions; 1% (80-100) accepted

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43

What does the phrase “writ of certiorari” mean?

“To make more certain”

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44

What is the rule of four?

Only four S.C. justices are needed to give approval for a hearing

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45

What two types of cases does the Supreme Court take?

Circuit disputes and national cases (i.e. Biden forgiving student loans)

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46

What’s the next step after the writ of certiorari?

The case is placed on a docket

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47

What occurs after a case is placed on the docket?

Oral argumentation

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48

During oral argumentation, how much time is each side permitted?

30 minutes

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49

What occurs after the oral arguments?

Friday Conference

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50

What is the Friday Conference?

The deliberation and discussing of a case between justices; guided by the Chief Justice

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51

After a Supreme Court hearing has been concluded, what is the final step?

The releasing of the decisions/verdict and why

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52

What does the phrase “amicus curiae” translate to?

“Friend of the court”

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53

Who is an amicus curiae?

A third party in a Supreme Court hearing who provides additional information/insight

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54

What is a dissenting opinion?

A reflection of the reasoning from the losing side; written by one judge from the losing side

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55

What is a majority opinion?

A reflection of the reasoning from the winning side; written by the Chief Justice

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56

What is a concurring opinion?

The supporting of the final ruling, but for a separate reason; can be written by any judge

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57

You got this ho

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