Chapter 8 - The Judiciary Flashcards

1
Q

Two Distinct Court System

A

Federal Court System - considers itself only with problems that break federal law)
State Court System (same thing but state law. Elect their judges)
If there’s a federal component, which is far-reaching, it goes to federal court.

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2
Q

SCOTUS

A

Top of the court hierarchy, just above U.S. circuit courts of appeals is right below.
Can get a case if they want it
Any decision is authority across the land
Split along ideological lines

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3
Q

Circuit Court Appeals

A

12 of them
Regionally divided
Ideologically distinct based on region

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4
Q

Presidential Nominates _____

A

All SCOTUS and Circuit Court of Appeals judges

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5
Q

Three Ways to Secure Judicial Independence

A

Judges are appointed for life
Judges are paid very well (no bribery)
Very difficult to fire for misconduct

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6
Q

Judicial Activism

A

Definitely a thing. But courts can’t challenge a law unless it’s brought to them.

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7
Q

SCOTUS Diversity

A

George Bush Jr. appointed only African-American
Literally all went to Yale or Harvard
It’s reactionary, not revolutionary in it’s decisions

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8
Q

Robert Bork and Harriet Myers

A

Rejected nominees.

Reagan started bad tradition of partisan nominees.

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9
Q

Marbury v Madison 1803

A

SCOTUS determined they have the right for judicial review. Basically empowered themselves.
This was radical at a time when legislative supremacy was popular across the world.

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10
Q

McCullough v Maryland 1819

A

SCOTUS determined that state laws had to follow federal laws.
Led to vast expansion of federal government due to the necessary and proper clause.

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11
Q

Necessary and Proper Clause

A

Congress has power to make laws that are necessary to fulfill its role as federal government given its responsibilities as laid out in constitution.

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12
Q

A Switch in Time Saves Nine

A

FDR was going to increase judges on the SCOTUS to 15 so he could nominate people who would support his New Deal. His party, the democrats, urged him not to. One judge changed his mind and accepted the New Deal so FDR wouldn’t do that.

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13
Q

2000 Election Controversy

A

They stopped a recount because each county had different rules and they wouldn’t have had time to change it so they went with the old count.

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14
Q

2010 Citizens United

A

Allowed for the creation of super PACs - corporations are the same individuals and can donate limitless amounts to a campaign.

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15
Q

2012 Obamacare

A

Plot twist - John Roberts voted for it to stay on.

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16
Q

Litmus Test

A

Whether a nominated judge will receive the votes necessary to be appointed.

17
Q

Roe v Wade

A

1973 ruling that women have the right to privacy including abortions.