Ch.14 - The Federal Judicial System: Applying the Law Flashcards
“Chapter Fourteen” in your “We the People” textbook is all about ______?
The Federal Judiciary (The Courts)
“Article III” of the “U.S. Constitution”
Is all about the Judicial Branch
“Obergefell v. Hodges, 2015” // The Supreme Court legalized “same sex marriage” in “all” states in accordance with:
The “Equal Protection Clause” of the 14th Amendment
The “United States Supreme Court” functions overwhelmingly as:
An Appellate Court
“Alexander Hamilton” argued that which one of “the three branches” of government would be “the weakest branch” and least dangerous?
Judicial
“Federalist #78” // In this essay, “Alexander Hamilton” argued:
In favor of lifetime appointments to the Supreme Court
Which one of the “three branches” of the Federal Government has the “Power of the Purse”?
Legislative (Congress)
Which of the “three branches” of the Federal Government has the “Power of the Sword”?
Executive
Which one of the “three branches” of the Federal Government has the (“Power of the Intellect and Judgement”)?
Judicial
“Original Jurisdiction” // Which one of the following cases would “originate” in the Supreme Court?
New York State v. New Jersey
Cases involving “foreign diplomats” would come to the Supreme Court “on appeal” from a lower court.
FALSE
*Foreign Diplomat cases go straight to Supreme Court (Original Jurisdiction)
When the Supreme Court takes a case “on appeal” from a “lower court”, The Supreme Court….
The Supreme Court determines whether the lower court tried the case properly. That’s all.
“Brown v. Board, 1954” // The Supreme Court “banned segregation” in “all” states in accordance with:
The “Equal Protection Clause” of the 14th Amendment
“Lower courts” rely on and follow Supreme Court decisions (precedents) no “matter how misguided” the original decision might have been. This principle was solidified in which court case.
“Hutto v. Davis, 1982”
Presidents must be careful when “appointing a justice to the Supreme Court”. The nominee may turn out to be the opposite of what the president may have believed. “President Eisenhower” made “two such egregious mistakes” with the appointments of:
Earl Warren & William Brennan
The first “African-American” to be appointed to the Supreme Court was:
Thurgood Marshall
The “first woman” to be appointed to the Supreme Court was:
Sandra Day O’Connor
“Law” that comes from “the U.S. Constitution” is referred to as:
Fundamental Law or Constitutional Law
“Law” that comes from “the legislature” is referred to as:
Statutory Law
“Stare Decisis” //// “Precedent” means that the decision stands as a guide, and….
and almost always is followed
“During the 1960s there was a “campaign to Impeach” this controversial Chief Justice by angry white southerners:
Chief Earl Warren
“Other than the U.S. President”, who else is capable of being impeached?
“Any member of the Executive Branch” and “Any member of the Judicial Branch”
The power of “Judicial Review” was established by “John Marshall” in this landmark court case:
“Marbury v. Madison,1803”
“Judicial Review” can do the following:
Overturn both Legislative and Executive action
If the “people are unhappy” with a Supreme Court decision, there is only one way “to over-rule the Court”. And that is:
By amending the Constitution
In 1913, the Supreme Court was “overruled” by which Amendment (concerning income tax)?
16th Amendment
“Judicial Activism” // A justice who believes in “Activism” would be
A policy-maker
“Judicial Restraint” // A justice who believes in “Restraint” would be
A strict follower of the Constitution
“John Marshall” was a champion of:
Activism
“Oliver Wendell Holmes” was a champion of:
Restraint
The U.S. Supreme Court is made up with “Eight Associate Justices” and “One Chief Justice”, making “Nine” in total.
This is according to statutory law (U.S. Congress)
Every President usually gets to make at least one appointment to the court. But it is rare that a president gets “three appointments” in a just a single term like “Donald Trump”. Please list the three appointments that former “President Trump (2017-2021)” has made to the Court.
(please list the three justices below)
2017 - Neil Gorsuch 2018 - Brett Kavanaugh
2020 - Amy Barrett
How many Supreme Court “appointments” did President Jimmy Carter get during his one and only term (1977-1981)?
Jimmy Carter did not make any appointments / Zero
How would you best describe “Amy Coney Barrett”, President Trumps’ most recent appointment to the Supreme Court?
Conservative, Restraint, Interpreter of the Constitution, Strict Constructionist
“Campaign Finance” // Which controversial Supreme Court case struck down “limitations on Campaign Spending” by Corporations?
Citizens United v. Federal Election Commission
