Government Unit 6

Supreme Court

Supreme Court

created by the U.S. Constitution; highest court in the United States; highest court in the United States and is the ultimate appellate court; has both original and appellate jurisdiction.

lower federal courts

created by Congress

opinion

written by the justices in order to announce their decision in a case

legal brief

written legal argument outlining each party's point of law that is submitted to the Supreme Court prior to the oral argument

original jurisdiction

the Supreme Court of the United States will be the first to hear the case

judicial review

how the Judicial Branch controls the other two branches of government; Supreme Court has the power to declare laws of Congress and actions taken by the executive branch unconstitutional

Marbury v. Madison

granted the power of the court to interpret a law; power of judicial review was interpreted through this court case

Senate Judiciary Committee

holds hearings in which the legislative branch investigates potential nominees to the Supreme Court

Senate

confirms judges after they are appointed to the federal bench; has the power to confirm the President's appointees to the Supreme Court

President

appoints judges to the federal bench

judicial branch

branch of government that has the fewest controls on its powers

district court

main trial court in the federal system; court in which most cases originate; there are 94 of these federal courts including at least one in each state; have original jurisdiction and can hear civil and criminal cases

circuit courts

only have appellate jurisdiction; there are 12 of these courts; known as higher courts in the federal system

appellate court

primary role is to review a decision made by a lower court.

Tinker vs. Des Moines

a student's right to free speech does not end at the school house door.

Reno v. American Civil Liberties Union (ACLU)

struck down the Communications Decency Act. as unconstitutional

United States vs. Nixon

limited the President's use of executive privilege

Wyatt v. Stickney

significant in establishing the rights of the mentally ill

Roe vs. Wade

recognized a woman's right to an abortion

Miranda vs. Arizona

court ruled that persons arrested must be informed of his or her right to remain silent.

Wallace v. Jaffree

interpreted the Establishment Clause in the First Amendment when it ruled a law to allow prayer in class violated the establishment of religion since the school system is a branch of the government

Powell v. Alabama

the court ruled that in a capital trial the defendant must be given access to counsel upon his or her own request.

Gideon v. Wainwright

right for an attorney to be provided for anyone accused in a criminal trial in the United States

McCulloch v. Maryland

court ruled that the power of federal government is supreme to that of the states.

Texas v. Johnson

court ruled that burning of the American flag is protected symbolic speech.

confirmation hearing.

An announced nominee for the United States Supreme Court sits before the Senate Judiciary Committee giving answers to questions being asked by the Senators on the committee.

the provisions of the United States Constitution.

what the Supreme Court holds as its most important consideration in deciding a case

ideology

deeply held beliefs that a candidate has

impartial

what justices attempt to be once they are appointed to the court; judges are expected to act this way and not announce a party affiliation.

loose constructionists

Justices who believe powers are implied for the federal government by the Necessary and Proper Clause

strict constructionists

justice makes decisions that are based on the specific powers granted in the United States Constitution; will make decisions based on what the Framers are believed to have intended when they wrote the United States Constitution.