Chapter 14 - The Supreme Court of the United States Flashcards
What is the primary function of the Supreme Court?
To resolve disputes that arise over the meaning of federal law and the U.S. Constitution.
_____ is the Supreme Court’s power to examine the laws and actions of local, state, and national governments and to overturn them if they violate the Constitution.
Judicial Review
In this Supreme Court Case, it first exercised Judicial Review.
Marbury v. Madison
How many justices are on the Supreme Court?
9
______ means consistent in conduct or opinion.
Uniform
_______ means first in order of time or development.
Primary
________ is a ruling on a law that has not yet been challenged in court.
Advisory Opinion
T or F. The Supreme Court can issue advisory opinions.
False
T or F. The Supreme Court hears less than 1 percent of the cases appealed to them.
True
Which Chief Justice helped shape a strong national government and establish the Court’s power of Judicial Review?
John Marshall
Which Supreme Court Case established that the Federal Government was “supreme in its sphere of action?”
McCulloch v. Maryland. The State of Maryland tried to tax the Bank of the United States.
Which Supreme Court Case did the court use the Constitution’s commerce clause to deliver a strong message about the power of the national government?
Gibbons v. Ogden. Conflict between a steamboat operator licensed in New York vs. one licensed by the federal government.
Which article of the Constitution sets the jurisdiction of the Supreme Court?
Article III, Section 2
What Original Jurisdiction is granted to the Supreme Court by the U.S. Constitution?
- cases involving representatives of foreign government.
- certain cases where the state is a party.
T or F. Most of the Supreme Court’s cases fall under its Appellate Jurisdiction, not it’s Original Jurisdiction.
True
__________ allows the Supreme Court to hear cases appealed from lower federal courts of appeal, or it may hear cases from federal district courts where an act of Congress was held unconstitutional.
Appellate Jurisdiction
T or F. The U.S. Supreme Court can also hear cases appealed from the highest court of a state if claims under federal law or the Constitution are involved.
True
Name the three ways cases reach the Supreme Court
- Original Jurisdiction
- Appeals through the State Court System
- Appeals through the Federal Court System
The Supreme Court is MOST concerned about ensuring _______ in decisions about the meaning of the Constitution and the interpretation of federal law.
Uniformity
___________ is an order from the Supreme Court to a lower court to send up the records of a case for review.
Writ of Certiorai
The __________ is the government official most often responsible for representing the federal government in court.
Solicitor General
________ is an attorney who assists a justice in reviewing a case.
Law clerk
___________ are typically recent law school graduates who have done exceptional work as law students and have already clerked for one year at a federal court of appeals.
Law clerk
________ an unwritten rule declaring that if four of the nine justices agree to hear a case it will be scheduled of argument.
Rule of four
T or F. More than 99% of petitioners are denied writ of certiorari from the Supreme Court.
True
T or F. The Supreme Court does not hear witness testimony, accept evidence, or have a jury.
True
Once the Supreme Court decides to hear a case, each side submits a written _________ explaining how they want the Court to decide their case and the best arguments in support of that decision.
Brief
_______ is a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case.
Brief
_______ is Latin for ‘friend of the court’; a written brief from an individual or group claiming to have information useful to a court’s consideration of a case.
Amicus Curiae
Oral argument before the Supreme Court is ___ long.
One hour. Each side gets 30 minutes.
________ is issued when the justices all agree on the outcome and the reasons for a decision in a case.
Unanimous ruling.
If the Justices disagree on a case, they issue a ________ opinion and a ___________ opinion
Majority / Dissenting
______ to alter something already written or printed, in order to make corrections, improve, or update.
Revise
T or F. Decisions of the Supreme Court become law.
True
The Supreme Court can be influenced by these two factors:
- Public Opinion
- Values of Society
There are only two Constitutional requirements to serve on the Supreme Court:
- the person must be nominated by the President.
- the person must be confirmed by the Senate
Presidents consider several factors when nominating a Supreme Court Justice:
- Merit and Ideology
- Representative of the country
The philosophy that courts should generally avoid the overturning laws passed or actions taken by democratically elected bodies.
Judicial Restraint.
The philosophy that courts must sometimes step into political and social controversies in order to protect Constitutional rights.
Judicial Activism.
Under _________ once the Court rules on a case, its decision serves as a precent, or model, on which to base other decisions in cases that raise the same legal issue.
Stare Decisis (“let the decision stand”)
Stare Decisis is an important principle because it makes the law _________.
Predictable.
_______ is a judicial philosophy that interprets the Constitution by exploring understanding of the text that people had when they adopted the Constitution.
Originalism
_______ believe the best way to figure out what the Constitution means today is to look at the original understanding of the people who ratified the Constitution or its Amendments.
Originalists
A different approach to originalism is ________.
The “living” constitution
_______ is a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text.
“Living” constitution
Name some checks on the power of the Supreme Court:
- The president has the power to appoint justices.
- The Senate has the power to impeach and remove justices.
- Congress set their salaries.
- The people can amend the Constitution
This occurs when the Justices agree with an outcome, but not the reasoning.
A Concurring Opinion
