Unit 6: The Judiciary
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57 Terms
What article are the judicial powers listed in?
Article III
Why is Article III so short?
The founding fathers were already familiar with a court system
The Supreme Court was created by the Constitution
True
Who wrote Federalist Paper #78?
Hamilton
What did Hamilton state about the judicial branch?
It was “the least dangerous branch”
What is the judicial branch’s only power (quiver)?
Judgement
What is the definition of Judicial Review?
The power to declare whether a law is constitutional or unconstitutional
Who is the Chief Justice of the Supreme Court?
John Roberts
In the baseball analogy, who are the teams?
Congress/president/states
In the baseball analogy, who is the umpire?
Judges/the Supreme Court
In the baseball analogy, who/what is the rulebook?
The Constitution
Activists are ____, while restraints are ____.
Liberal, conservative
What is the conservative to liberal ratio in the Supreme Court?
6-3
Who are the six conservative Supreme Court justices?
Roberts, Gorsuch, Thomas, Alito, Kavanaugh, Barrett
Who are the three liberal Supreme Court justices?
Jackson, Sotomayor, Kagan
Restraints believe in ____, while activists believe in a ____ ____.
Originalism, living Constitution
What is originalism?
The meaning of the Constitution doesn’t change
Because of their idea of originalism, what limitations do the conservative justices believe in?
Limited rights and federal powers
What decision overturned Roe V. Wade?
Dobbs Decision
What was the outcome of the Dobbs Decision?
The statement that abortion laws be left to states to decide
What does the term “living Constitution” mean?
The taking of broad Constitutional principles and applying them to specific, modern situations
The liberal justices believe in the creation of new rights and broader powers
True
What is the age requirement to serve in the Supreme Court?
None
To become a Supreme Court justice, you must have had a previous job in the field of law
False
How long is the term for Supreme Court justices?
Life
Who nominates the Supreme Court justices?
President
What two characteristics do Supreme Court nominees typically have?
Similar ideologies of the president nominating them, as well as being young(er)
Which two justices had controversial Senate judiciary hearings?
Thomas and Kavanaugh
What group votes for the confirmation of the Supreme Court nominees?
Senate
How many votes does the Senate need in order to confirm a Supreme Court nominee?
Simple majority
Supreme Court justices typically have an ____ education
Elite
What are the two most common jobs Supreme Court justices have before being appointed into the judiciary?
Circuit court judges + Supreme Court clerks
Which justice had the first experience of the Litmus Test?
Robert Bork
The Litmus Test is is a test of one’s ____ ____
Ideological purity
What are the three things that make up the “test” of competence and character?
Good character, professional competence, and individual values and qualities
Where is the Supreme Court located?
Washington D.C.
How many circuit courts are there?
12
What is the number of the Californian circuit court, and where is it located?
9th, located in San Francisco
How many district courts are there?
94
Fresno is the location of our ____ ____
District court
From most to least common, what are the three paths to the Supreme Court?
Federal route, state route, original jurisdiction
How many petitions are there annually for a Supreme Court case? How many get accepted?
10,000-20,000 petitions; 1% (80-100) accepted
What does the phrase “writ of certiorari” mean?
“To make more certain”
What is the rule of four?
Only four S.C. justices are needed to give approval for a hearing
What two types of cases does the Supreme Court take?
Circuit disputes and national cases (i.e. Biden forgiving student loans)
What’s the next step after the writ of certiorari?
The case is placed on a docket
What occurs after a case is placed on the docket?
Oral argumentation
During oral argumentation, how much time is each side permitted?
30 minutes
What occurs after the oral arguments?
Friday Conference
What is the Friday Conference?
The deliberation and discussing of a case between justices; guided by the Chief Justice
After a Supreme Court hearing has been concluded, what is the final step?
The releasing of the decisions/verdict and why
What does the phrase “amicus curiae” translate to?
“Friend of the court”
Who is an amicus curiae?
A third party in a Supreme Court hearing who provides additional information/insight
What is a dissenting opinion?
A reflection of the reasoning from the losing side; written by one judge from the losing side
What is a majority opinion?
A reflection of the reasoning from the winning side; written by the Chief Justice
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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