GOV-Shaping Judiciary Power (NB15)

Loving vs. Virginia

landmark Supreme Court case ruled that, according to the 14th Amendment's due process clause, local, state, or federal laws cannot deny a certificate of marriage for couples who are of a different race or color.

Plessy vs. Ferguson

landmark Supreme Court case that established the precedent of 'separate but equal,' thus legalizing segregation.

Marbury v. Madison

landmark Supreme Court case that established the implied power of Judicial Review to the Judicial Branch.

US vs. Nixon

landmark Supreme Court case that denied the scope of Executive Privilege to resist subpoenas or withhold certain information from the judicial and/or legislative branch—particularly for the purposes of impeachment.

Brown vs. Topeka Board of Education

landmark Supreme Court case that struck down the previous ruling of the Supreme Court and deemed the 'separate but equal' policy as inherently unequal and unconstitutional

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

McCulloch v. Maryland

landmark Supreme Court case upheld the authority of Congress to establish the National Bank as an implied power under the 'Necessary and Proper' clause, as well as established the precedent that the state cannot infringe upon the constitutional actions of the federal government.

Midnight Judges

nickname given to group of judges that was appointed by John Adams the night before he left office. He appointed them to federal courts to have long-term federalist influences, because judges serve for life instead of limited terms

US vs. Virginia

landmark Supreme court case that held that according to the 14th Amendment's due process clause, it was unconstitutional for states not to admit females students into military academies

Miranda vs. Arizona

landmark Supreme Court case asserted that law enforcement must inform suspects of their 5th Amendment right to not self-incriminate, as well as their 6th Amendment right to legal counsel and cannot extract evidence via interrogation unless the suspect clearly understands and waives these rights.

University of California v. Bakke

landmark Supreme Court case upheld the affirmative action policy of assessing race and/or color as part of an application process, but strictly forbade the imposition of racial quotas.

Judicial Review

The power of the Supreme Court to interpret and strike down or uphold the actions of the legislative branch, executive branch, or lower tribunals.

Judicial Activism

A perspective that the judicial branch should take more broad interpretations of the U.S. Constitution, and apply them to changing circumstances and issues across time.

Judicial Restraint

A perspective that the judicial branch should interpret the U.S. Constitution more strictly rather than broadly.

Executive Privilege

ability of the executive branch to withhold certain information on the basis of confidentiality & security.

Warren Court

The Supreme Court during the period when Earl Warren was Chief Justice, noted for its activism in the areas of civil rights and free speech, guided by the 14th Amendment

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of Judicial Review.

Due Process

the fair treatment through the normal judicial system, especially as a citizen's entitlement.

Civil Rights Act of 1964

Law that made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.