Ap Gov Ch.16 Knowts

This can be used for the chapter quiz test or unit test. Good luck studying!

Judicial Review

Courts have the right to declare Executive actions & Congressional acts unconstitutional

Judicial Restraint Approach

Judges decide cases based on the premise of the Constitution

Activist Approach

Judges have their own interpretation of the Constitution(look for the deeper meaning)

Federalist #78

Judicial Branch is weakest

Hamilton claimed…

Judicial branch should decide whether a law is contrary to the Constitution

What had the Supreme Court done?

They rejected the claim that they couldn’t review state court rulings

What are the different views on government?

Justice Marshal: national>state

Jacksonians: state>national

Dredd Scott Case

A slave was moved from a legal territory(where slavery was unconstitutional) to an illegal territory. Dredd Scott claimed that he was a free man because he had previously lived in a place where slavery wasn’t allowed.

Roger B. Taney opposed the Missouri Compromise, promoting individual states’ rights

How did the 14th Amenment make an impact?

\-Protected private property from states

\-Created strict laws for black people, depriving them of their rights

Judicial Activism

Creating change within the courts through the judges’ opinions

Appellate Jurisdiction

Supreme court has the ability to review decisions of lower courts

Exceptions Clause

* restricts appellate jurisdiction
* prohibits courts to exercise review
* exception clause-related bills never make it into law

Struggles of FDR

\-justices he placed in court changed their opinion

\-he focused on court packing, making his own appointments

Independent business v. Sebelius

Law made to mandate health insurance purchase

King v. Burwell

Outcome: federal government provides subsidies for people to buy health insurance

Constitutional Court

\-excercises powers from the Constitution

\-Justices are protected by the Constitution

\-has 3 parts

District Courts

* 94 courts, at least on in each state
* holds federal trials
* lowest court

Court of Appeals

* reviews district court’s
* one in each region
* 13 courts

Legislative courts

* Courts set by Congress
* have fixed terms
* reduced salaries
* can be removed

What shape’s courts decisions?

* lawyers
* facts of the case
* prior rulings

Senatorial Courtesy

Senators will not vote for a judge who is disliked by the senator of the same state as the nominee

How are judges appointed?

* supports senators
* similar ideas of president
* party membership

Litmus Test

Test based on the political ideology of a judge

How are JUSTICES selected?

* litmus test
* civil rights
* their financial decisions
* past record as a lower judge

What can the Supreme Court rule on?

* cases between 2 or more states
* cases with ambassadors/diplomats
* state v. citizen of another state

What can district courts rule on?

* federal crimes
* civil suits
* citizens of different states
* maritime disputes(border disputes)
* actions of federal agencies

Federal Question Cases

Cases concerning the Constitution, federal law, and treaties

Diversity Cases

Cases involving citizens of different states

Dual Sovereignty Doctrine

Defense(respondent) tried in both courts for the same offense

Writ of Certiorari

* high court requests cases from lower court for review
* appeals on the same issue decided on different ways
* Constitution is violated

In Forma Pauperis

If you can’t afford a lawyer, the court will provide one for you(district court, criminal case)

If it is not a criminal case, interest groups can support you

Free shifting

If the defendant looses, they have to pay costs from plaintiff(one who initiates suit)

Standing

Concept that authorizes who/what is allowed to bring a case in to judge, and on what standards

* actual controversy
* harm

Sovereign Immunnity

Cannot sue the government without it’s consent

Class Action Suit

Case involving many people whom are affected

→Topeka, Kansas segregation

→sums of money are brought in to these cases

→affects how court makes policy

State Court

General jurisdiction within a specific state’s territory

* state constitutions
* created by the Constitution, and the states
* Constitution, laws of each state-created courts
* framers wanted the federal government to have limited power

Brief

* a written statement from a lawyer/attorney summarizing the case providing laws and rulings to support it
* lawyers present for 30 minutes
* The solicitor general appears in court when the government is involved in a case(approves SC appeals and what government presents)

Amicus Curiae

Opinion given by those outside of court; third party

* determines which interest groups are on each side

Justice(reminders)

* many people help shape justice’s views
* Chief justice speaks first, then in order of superiority(voting is opposite)

Per Curiam Opinion

Court issues an explanation about the decision

Opinion of Court

Majority view of the court

Concurring Opinion

Same decision, different reasons why

Dissenting Opinion

Views of judges who supported the losing side

Star´e Decisis

Old precedent controls the case

Political Question

Conclusion is left to another branch to solve the problem

Remedy

Solution that is come about from a court case

Restrictions on the court

* judges don’t have an army
* decisions can be ignored
* court’s power can remain unchallenged
* can become impeached(by congress)
* court-packing
* Congress can amend documents to undo SC decision
* Congress has power over jurisdiction of lower courts
* congress influences court’s decisions

Warren Court

Expanded civil rights

\-civil liberties

\-judicial power

\-federal power

(Justice Warren was a Republican but had liberal views)