CH.14 The Courts Flashcards
What is Judicial Review according to Chief Justice John Marshall?
The ability of the Supreme Court to determine the validity of a challenged statute or other public act.
When the Supreme Court is asked to review whether an administrative law is constitutional, many justices turn to what source to understand the intentions and applications of the law in question?
Hearings and floor debates were involved in creating the legislation.
Over 95 percent of federal felony cases that result in a conviction are a result of…
Plea Bargains
What is the most important difference between courts with original jurisdiction and courts with appellate jurisdiction?
Appellate courts hear appeals from lower courts and change or uphold the decision.
Of all the factors that increase the likelihood of the Supreme Court to hear a case, which is thought to be given the greatest weight by the justices?
Involvement of the solicitor general.
In what scenario would the Supreme Court have original jurisdiction?
New Jersey and New York disagree over which state should control the 24 acres of land around Ellis Island.
What is the best way to describe amicus curiae briefs to a beginning student of political science?
A document expressing the views, legal reasoning, and desired outcome of a case with the intention of influencing the outcome of the Court’s decision.
When considering the so-called shadow docket, perhaps the most important argument that it is bad for American government may be which of the following?
It creates a precedent for lower courts without the benefits of establishing legal reasoning or legitimizing the legal outcome.
Conservative justice Neil Gorsuch has promoted a judicial perspective that suggests that the Court should use the understanding of the text in policies to determine their constitutionality. Meanwhile, fellow conservative Justice Clarence Thomas argues that when deciding a case, justices must use the original intent of the authors at the time the policy was written. What conclusion can students of political science reach considering the perspectives of these two justices?
Conservative justices who have endorsed using text for decision-making do not have a uniform belief in how this is to be done in determining constitutionality of a statute or executive action.
For the Supreme Court, what is the benefit of a significant majority of their case opinions falling in line with public opinion?
The public is more likely to see the Court as legitimate, and therefore is more willing to follow along with the decision.
Because the Supreme Court does not have any enforcement mechanism, what does it rely on to make sure that the public and other government institutions follow its decisions?
Its reputation as legitimate in the decision-making process
One way the Court protects itself from being viewed by the public and other branches as overstepping its constitutional authority is to remove itself from issues involving what kinds of problems?
Political Questions.
