Studied by 51 people
McCulloch v Maryland
it considered whether the constitution allowed congress to charter a national bank
it interpreted the constitution’s taxing power
How many SC decision have been expressly overturned by constitutional amendments
6
what is true about why people generally agree that American judges have the power of judicial review
the power was commonly understood by the public to exist when the Constitution was ratified
the power is consistent w/ the historical practice of various states bf the Constitution was ratified
the constitution’s structure is consistent w/ the existence of this power
what is true of the american power of judicial review
it checks and balances the power of the other branches
it is the power of the courts to invalidate government actions contrary to the Constitution
pres Lincoln refused to enforce which judicial decision
ex parte merryman
why is black monday historically significant
on that day the SC struck down many New Deal laws passed by Congress
2 famous SC oral advocates who argued on behalf of Gibbons in Gibbons v Ogden and behalf of the bank in McCulloch v Maryland
daniel webster
william writ
what is true about the writ of habeas corpus
it requires the gov to explain to a judge why a suspect was jailed or detained
ex parte merryman considered the pres power to suspend this writ
it is derived from the magna carta
what is are the actions Arkansas Gov Faubus took as he attempted to avoid complying w/ judicial directives
he prevented black students from entering Central High School by replacing the Arkansas National Guard w/ the Little Rock Police
he closed Little Rock’s public schools
he leased little rock’s public schools to a private corporation
what single event was most successful in forcing all southern states to comply w/ SC decisions in Brown V Board
congress passed the civil rights act of 1964
Gibbons v Ogden (NY boat case)
the opinion considered the scope of Congress’ power under the commerce clause
the opinion was written by john marshall
Brown 1 struck down down the invidious doctrine of “separate but equal” but did not address the remedy (time frame for ending segregation)
what were the factors that contributed to the justices’ decision to postpone the issue of remedy until Brown 2
justice wanted the opinions o be unanimous
justices understood they were mandating massive social change
the justices recognized the practical limits of judicial power
Why does Justice Breyer say causes the Americans to obey the decisions of the SC
we generally prefer to settle disputes peacefully
we usually fear punishment from the other branches
we generally agree the SC may invalidate unconstitutional laws
according to de Tocqueville, which characteristic of judicial power is unique to American judges?
invalidate laws that conflict w/ the constitution
Marbury v Madison
the supreme court held that although he law gave Marbury a right to the commission, the court lacked jurisdiction over the case
the decision exercised the power of judicial review
two factors listed that make it less likely SC rulings will be obeyed
when popular opinion opposes the ruling
when the ruling is implemented primarily by other political institutions
between 1967 and 2011, about how many times did Congress pass a statue to undo a decision of the SC
more than 200
Justice Thomas’ statement respecting the denial of cert in Standing Akimbo
thomas observed that the SC should not interpret the Constitution broadly to give Congress power over areas traditionally controlled by states when Congress’ regulatory scheme is not comprehensive
what powers are given to Congress by Constitution in Article 1 Sec 8
power to regulate interstate commerce
power to do all things necessary and proper to carry out enumerated powers
power to raise and collect taxes
Schechter Poultry v United States
pres Roosevelt held a press conference to criticize the decision
the SC considered whether the law challenging in this case exceeded the power given to Congress in the commerce clause
Chief Justice Rehnquist
he was widely recognized as an able administrator
her served a s a law clerk for Justice Robert Jackson
Lopez v US
challenged law involved federal legislation in an area of traditional state control
SC ruled that Congress may not regulate intrastate commerce that is not economic in nature
in deciding the case, the SC considered the federalism implications of the challenged law
federalism
justices who seek to narrow congressional power are more likely to invoke this concept
it is the division of power between a central gov and state gov
which justice while still a professor ran the Women’s Right Project for the ACLU
Ruth Bader Ginsburg
which SC decision issued in the spring of 1937, upheld a progressive state minimun wage/ maximum hour law (reversing an unpopular Lochner v. New York)
West Coast Hotel v Parrish
what justice write opinions in Brown v Board 1 and 2
Earl Warren
Wickared v Fliburn
farmer fliburn challenged a federal law that penalized him for growing wheat on his own farm to feed his livestock
the opinion considered the Constitution’s commerce clause
2 reasons the SC gave to justify its ruling that the commerce clause did not empower Congress to create a federal cause of action for gender-related violence
the act did not regulate economic activity
criminal law is an area that states traditionally control
which justice is know for changing his in the “switch that saved 9“
Owen Roberts
the warren court decided 2 important cases upholding Congress’ power to legislate under the commerce clause
what act of Congress did the Warren Court consider in both those cases
civil rights act of 1964
what is the process by which the Constitution may be amended
proposal by 2/3 of both Houses of Congress and ratification by 3/4 of the states
which statement did FDR say in his March 9. 1937 Fireside Chat
the SC should be restrained in the way it exercises the power of judicial review
all americans should read the constitution
the people need to save the constitution from the courts
what is the only SC decision that caused a sitting justice to resign
dred scott v sandford
john marshall increased the SC in many ways
his court first excerised the American power of judicial review to invalidate federal law
he ended the practice of writing seriatim opinions
he helped increase respect for the SC
Chief Justice Roger Taney
he succeeded John Marshall as Chief
he was chief when Dred Scott was decided
Note 
Flashcard (36)