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What is significant about Article III?

It is the smallest article. It says the federal court should rule on cases affecting public ministers and controversies btw 2 states, a state and a citizen of another state, or btw citizens of 2 different states.

Judicial review is NOT mentioned

What is Stare Decisis?

Let the Decision Stand

What is Judicial Restraint, and what are three names for it?

Strict Constructionists, originalists, or textualists, read the constitution as directly as possible. They are political conservatives, right on the political spectrum, as is the GOP.

What is Judicial Activism, and what is one other name for it?

Loost Constructionists believe judges should read into the constitution and interpret it. "The Framers wrote this, but they meant that." They are more liberal and progressive, left on the political spectrum, as is the DNC. They are the judges who rule in favor of more equality

What does it mean to legislate from the bench? Who is critical of this behavior?

This means that the actions of the Supreme Court have the effect/impact of law. For instance, in Roe v. Wade, overturning anti-abortion laws in Texas legalized abortion to a certain extent throughout the US.

What did Plessy v. Ferguson do?

It set the precedent of "Separate but Equal"

The last word ("=") makes the law legal under the 14th Amendment's Equal Protection Clause

What did Brown v. Board do?

Ruled the precedent of Plessy v. Ferguson as illegal. Set a new precedent.

What does Brown v. Board show about SIG's relationship to the court?

When SIGs have no where else to go, the courts become their last resort among the three branches. In this case, then-lawyer Thurgood Marshall worked with the NAACP SIG, and realized that litigation was the only way African-Americans could gain their rights.

What did the Judiciary Act of 1789 establish? What is significant about the date?

Established a three-tier appellate system. These courts are known as constitutional courts. This act, being established in 1789, was obviously a top priority of the Congress under the new Constitution.

What are the levels of constitutional courts?

91 District Courts

12 Circuit Courts of Appeals

1 SCOUTS

What are legislative courts?

Courts established for a specialized area/purpose. i.e. Court of Military Appeals, US Territorial Courts.

What is jurisdiction?

The authority to hear a case

What is Exclusive jurisdiction?

A case can only be heard in certain courts.

What is concurrent jurisdiction?

A case can be heard at either the state or federal level court.

What does Marbury v. Madison create?

It gives SCOTUS the power of judicial review.

What does it mean that SCOTUS is the "court of last resort?"

It is the final arbiter of the constitution.

Senatorial Courtesy

When the President defers to a state senator to select a district judge.

Blue Slip

The informal custom for the Senate to hold a nomination in which a Senator does not approve of a judge appointed in his/her state. This is the opposite side of Senatorial Courtesy.

Criteria to become a judge:

*Competence - Judicial experience

*Ideologically similar

*Rewards - position given to competent friends/advisors

*Political support - i.e. putting a woman on the court

*Diverse race, ethnicity, gender

*Religion - becoming less of a factor

What is the rule of four? Why is it significant?

It takes 4 justices for SCOTUS to hear a case. This allows minorities to be protected (as opposed to it being the rule of five)

Writ of Cert

A written order directing a lower court to send its records on a case to the Supreme Court for review

What did Gibbons v. Ogden rule? What power did it strengthen?

New York can not grant a ferry monopoly btw NY and NJ. This is under Congress's interstate commerce power.

What did Heart of Atlanta Motel vs US rule? What power did it uphold?

Under the interstate commerce power, the federal government can force hotels to implement the Civil Rights Act

What does it mean to be a litigious society?

We, as the USA, have a lot of lawsuits.

What is an adversarial system?

Court cases are 1 party vs another party

How are cases named?

Plantiff v. Defendant

How do case names change during appeals?

Appellant v. Respondent

(if the defendant was the one who appealed, he becomes the appellant. the names would switch)

When does SCOTUS use original jurisdiction?

Compelling National Issues

What is prior restraint?

When the federal government asks SCOTUS to block publication/broadcast of a news story because it would threaten national security.

What occurred in Nixon v NY Times?

The Pentagon Papers were leaked, showing lies about Vietnam War numbers.

{This in not an example of prior restraint}

What occurred in MuCulloch v. Maryland? What power was upheld?

What precedent was set?

The bank in Maryland was considered legal under the necessary and proper clause. The state could not tax it, because "the power to tax is the power to destroy." This makes the Federal Government supreme over state governments.

What is criminal law?

Crimes against society.

Labeled as "US v ___" or "The People of Ohio v ____"

What is civil law?

Cases between two individuals or companies

What did Engel v Vitale do?

It struck down prayer in public school, b/c it violates the Establishment Clause

What does it mean when a judge "Recuses" him/her self?

They are taking themselves out of a case b/c they are directly connected to it.

2 reasons cases are heard on appeal

1. Compelling constitutional issues

2. Procedural issues.

What happened to Thurgood Marshall in the Ali case?

He recused himself because he was Solicitor General when the case started

How does the Ali case relate to political turmoil at that time?

With TV, the public saw the horrors of war for the first time. Ali was public on TV being against this war, which was supported by most Americans

Why was Ali's case accepted?

Their was a procedural issue at the lower court regarding the 3 point test for conscientious objectors

What did Lemon v. Kurtzman do and establish?

It struck down state funding for private religious schools, establishing the Lemon Test

What did Reynolds v. US do? What precedent was set?

The case banned polygamy. This created the concept that some religious practices can be prohibited by the federal government.

Are courts passive or proactive?

They are the only branch of government that is passive, or reactive.

What is the Vetting Process?

The check of potential judges. Includes…

-FBI Background check

-Ranking by American Bar Association (may or may not be used by President)

-Senate Judiciary Committee holds public hearings with potential judge, and makes recommendation to full Senate

Why is the Supreme Court not televised?

It would hurt the impartiality of the court. People in the court would have to start speaking in order to appeal to viewers, instead of focusing on the matter at hand.

Who is the Solicitor General?

The 4th Highest member of the Dept. of Justice that represents the position of the President in the Supreme Court.

What are Amicus Curiae Briefs?

"Friend of the Court" written opinions submitted to the Court justices by the Solicitor General, SIGS, Companies, or average citizens.

What is a concurring opinion?

Agrees with the majority for a different reason. This judge would submit their own written opinion.

What is the first era of the Supreme Court known for, and who was chief justice?

John Marshall and his court established Judicial Review

What is the second era of the Supreme Court known for?

"Nine old men." Court had little influence. FDR attempted to "court pack"

What is the third era of the Supreme Court known for, and who was chief justice?

The Warren Court extended Civil Rights

What is the fourth court era of the Supreme Court known for, and who was chief justice?

The Burger Court, under an ultra-conservative chief justice, somehow legalized abortion with stare decisis and forced Nixon to hand over tapes, resulting in the end of his presidency.

What is the fifth era of the Supreme Court known for, and who was chief justice?

The Rehnquist Court was the most conservative. It decided the 2000 election in Bush v Gore.

What is the sixth era of the Supreme Court known for, and who is chief justice?

This is the current Supreme Court, which is even more conservative under Chief Justice John Roberts. Has ruled on Homeland Security, gun control, campaign finance, capital punishment, and upheld Obamacare (ACA)

Who wrote Federalist Paper 78, and what did he argue?

Alexander Hamilton argued in favor of a court separate from the other branches and politics in general in order to check the other two branches. He wanted Justices to serve for life. He was in favor of judicial review.

Dual court system

There is a federal court system and 50 separate state court systems. Therefore, individual citizens are effected by 2 courts. We are effected by the Federal Court system and the Michigan Court system.

What did Oregon v. Smith rule?

It ruled that the government can act when religious practices violate criminal law. In this case, it banned the religious use of illegal drugs.

What did Schenck v. US rule?

Free Speech could be limited when it violates the Clear and Present Danger test

What did New York Times v Sullivan rule?

Public officials cannot win a suit for defamation unless the statement is made with "actual malice."

What did Roth v US rule?

Obscenity is not constitutionally protected free speech. Created the "prevailing community standards" rule, requiring a consideration of the 'work' as a whole.

What did Tinker v Des Moines rule?

Protected forms of symbolic speech, in this case black arm bands protesting the Vietnam War

Students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

What did Texas v. Johnson rule?

Flag burning is a form of symbolic speech protected under the 1st amendment

What did Barron v. Baltimore rule?

The Bill of Rights cannot be applied to the states

What did Gitlow v. New York rule?

Established precedent for the doctrine of selective incorporation, thus extending most of the requirements of the Bill of Rights to the states.

What did Weeks v US rule?

Established the exclusionary rule in federal cases

Prohibited evidence obtained by illegal search and seizures from being used in court

What did the Civil Rights Act do?

Enforced the 14th Amendment, ending Jim Crow laws

What did the Voting Rights Act do?

Outlawed literacy tests and other discriminatory practices that had disenfranchised African American voters.

What did the Welfare Reform Act do?

Replaced federal welfare with block grants to the states.

What did the Clean Air Act do?

Increased federal power over state power, establishing national air quality standards

What did the War Powers Resolution do?

Attempted to give Congress a greater voice in starting war.

What did the Budget and Impoundment Control Act do?

Helped Congress regain powers given to the Executive Branch. Created the CBO and a standard budget process.

What did the Federal Election Campaign Act do?

Created the Federal Election Commission, creating hard and soft money categories.

What did the Americans with Disabilities Act do?

Requires employers and public buildings to make "reasonable accommodations" for people with disabilities.

What did the No Child Left Behind Act do?

Requires states set standards to improve individual's education. Requires states to use standardized tests. Greatly expanded federal power in the education area.

What did the US Patriot Act do?

Authorized searches of a home or business in order to stop terrorism. Allows government to search communications as well.