Federal and State Judiciary System Quiz
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95 Terms
Why does the professor focus on the US Supreme Court?
It is the one court required to exist at all times and it is the most visible player in the judiciary, whose primary job is to interpret laws.
What is the Marshall Court Era?
The era of the Supreme Court when John Marshall was Chief Justice, from 1801–1835.
How long was John Marshall Chief Justice?
1801–1835, until his death.
What type of government did John Marshall favor?
A strong national government.
What was John Marshall's view of federal power?
He believed in a powerful but not tyrannical central government.
What was Marshall's role in Worcester v. Georgia?
The Marshall Court ruled that Georgia's law restricting people from living on Cherokee land was unconstitutional because the federal government had authority over relations with Native American tribes.
What happened in Worcester v. Georgia?
Samuel Worcester was convicted under a Georgia law for living on Cherokee land without a license. The Supreme Court overturned the Georgia law because the Cherokee were a sovereign nation and only the federal government could regulate relations with Native American tribes.
Why did Worcester v. Georgia conflict with Andrew Jackson?
Jackson supported the forced removal of the Cherokee, while the Court's decision recognized Cherokee sovereignty and federal treaty obligations.
Who was Roger Taney?
Chief Justice from 1836–1864 who was originally a Federalist but later became a Democrat and staunch Jacksonian.
What is the Taney Court Era?
The period when Roger Taney served as Chief Justice, from 1836–1864.
What is Roger Taney best known for?
Dred Scott v. Sandford (1857), one of the most infamous Supreme Court decisions.
What did the Supreme Court rule in Dred Scott v. Sandford?
The Court ruled that Dred Scott was not a citizen and was considered property, and that Congress could not prohibit slavery in the territories.
Why was Dred Scott v. Sandford so controversial?
The Court denied Scott citizenship while also ruling on the broader issue of Congress's ability to prohibit slavery in territories.
What happened between Taney and Lincoln during the Civil War?
Taney ruled that Lincoln had violated the due process rights of prisoners detained without warrants, and Lincoln ignored the ruling.
What was the New Deal Court?
The Supreme Court era involving FDR's New Deal and the conflict between the Three Musketeers and Four Horsemen.
Who were the Three Musketeers?
The three consistently liberal Supreme Court justices who supported FDR's New Deal.
Who were the Four Horsemen?
The four conservative justices who opposed much of FDR's New Deal economic regulation.
Why did FDR clash with the Supreme Court?
The Court routinely struck down New Deal economic programs, arguing they exceeded federal power under the Commerce Clause and violated states' rights.
What was FDR's Judicial Procedures Reform Bill of 1937?
A proposal that would have allowed the president to appoint a new justice for each justice over age 70 who did not retire.
What was the result of FDR's court reform proposal?
FDR lost the political battle because the bill never passed Congress, but the Court later began upholding New Deal programs.
What does "FDR loses battle but wins war" mean?
FDR's court-packing proposal failed, but the Supreme Court began upholding New Deal programs and allowing greater federal economic power.
What happened to the Supreme Court during the Stone and Vinson eras?
The Court continued siding with government action and began eroding state segregation laws.
What was Korematsu v. United States?
A 1944 decision in which the Supreme Court upheld FDR's ability to send Japanese Americans on the West Coast to internment camps.
Who became Chief Justice in 1953?
Earl Warren, appointed by President Eisenhower.
What is the Warren Revolution?
The period when the Warren Court became a leading policymaker, especially in civil rights, free speech, defendants' rights, and religion.
What was the Warren Court's first major challenge?
Determining whether racial segregation in public schools was completely unconstitutional.
What areas did the Warren Court expand?
Civil rights, free speech, rights of defendants, and religious freedom.
What did the Warren Court establish about symbolic speech?
It established that symbolic or unspoken speech, such as wearing a black armband to protest a war, can be protected by the First Amendment.
What did the Warren Court do for criminal defendants?
It established protections including Miranda warnings, mandatory attorneys in criminal defense cases, and restrictions on the use of illegally obtained evidence.
What did the Warren Court do regarding religion?
It established stronger protections for freedom of religion while creating a firm wall between church and state.
Why was the Warren Court so influential?
Its decisions were so powerful that its successor largely failed to overturn them.
When did the Rehnquist Court serve?
1986–2005.
What was William Rehnquist's judicial philosophy?
Judicial restraint.
What happened ideologically during the Rehnquist Court?
The Court shifted firmly conservative.
What did Rehnquist believe about the federal courts?
He believed federal courts were involving themselves too much in policy conflicts that should be left to other branches or the states.
What happened to Roe v. Wade during the Rehnquist Court?
The Court did not overturn Roe but upheld more stringent restrictions on abortion.
What happened in Bush v. Gore?
The Supreme Court stopped a Florida state court-ordered recount of presidential ballots, effectively handing the 2000 election to George W. Bush.
When did the Roberts Court begin?
2005, when George W. Bush appointed John Roberts as Chief Justice.
How is the Roberts Court described in the presentation?
Very conservative.
What concerns does the presentation identify about the Roberts Court?
Concerns about public support, internal legitimacy, hyperpartisanship, contentious decisions, and public disputes among justices.
What major decision did the Roberts Court make regarding Roe v. Wade?
In June 2022, it overturned Roe v. Wade.
What are some other major areas addressed by the Roberts Court?
Religious liberty, campaign spending, birth control access, political gerrymandering, same-sex marriage, and tribal sovereignty.
What is the "shadow docket"?
The Supreme Court's emergency process where it can block a lower court ruling from taking effect without full oral arguments or a written opinion.
Why has the shadow docket been controversial?
Concerns include lack of transparency, frequent use, and accusations that it can be used to block decisions for ideological reasons.
What are proposed Supreme Court reforms?
Term limits, expanding the Court, restricting the shadow docket, restricting jurisdiction, mandatory bipartisan balance, and direct election of judges.
Why are Supreme Court term limits difficult to enact?
Article III specifies that justices serve as long as they want, so term limits would require a constitutional amendment.
What is one argument for expanding the Supreme Court?
It could reduce workload and increase diversity of perspectives and legal expertise.
What is one concern about expanding the Supreme Court?
It could become a tool for political parties to add justices they agree with and could make consensus harder.
What are jurisdiction restrictions?
Changing what types of cases the Supreme Court is allowed to hear.
What is mandatory bipartisan balance?
A requirement that the Supreme Court contain members from both major political parties.
What is one concern with Supreme Court reforms generally?
They could increase the politicization of the Court.