courts liberties and rights Flashcards
marbury v madison
marbury wanted to sue jefferson party (rep by madison) bc they didn’t grant him commision from appointment by adams, do the plaintiffs have a right to their commission?
Can they sue for their commissions in court?
Does the Supreme Court have the authority to order the delivery of their commission? Majority ruled in favor of Marbury
stated it was illegal for Madison to withhold their commission, however the judiciary branch was weak during this time and didn’t have the power to enforce this ruling, meaning Madison would not end up having to pay the judges commission, Judiciary Act of 1789 (found later to be unconstitutional which created judicial review) and Article 3 (created SCOTUS and lines their jurisdiction, says SCOTUS has too much power and no right to rule in favor of Marbury)
Enduring Legacy- created important part of judicial branch that helped to even out idea of separation of power- JUDICIAL REVIEW
terms of judges in fed courts
life terms
checks on supreme court
1)courts must rely on other branches to implement decisions
2)appointment/confirmation/
impeachment
3) congress can change number of justices/courts
4) we can undo court decisions by changing/revising the law or amending constitution
5) president could parden, commute, or grant amnesty (pardon- individual, amnesty- group, commute- reduce sentence)
judiciary act of 1789
created supreme courts, gave congress power to create inferior courts, smallest article, 8 associate judges + 1 chief, created dual system today
district courts
constitutional court, 94 total, “trial courts”, hear 80% of fed cases
precedent
a decided case that furnishes a basis for determining later cases involving similar facts or issues
how does one become a supreme court justice
appointed by president, confirmed by the senate
senatorial courtesy
district level judges that presidents rely on in times of vacancy during selection process (in home states), senators confirm NOT reps, if 1 oe both senators disagree w president choice, pres will remove them
amicus curiae
friend of the court
types of jurisdiction
original- where cases are heard first, district courts only have this ability
appellate- held by court of appeals, can’t have original jurisdiction
exclusive- only place a case can be heard, supreme court can have original and exclusive jurisdiction but almost always has appellate jurisdiction
types of opinions
majority opinion- formal opinion of court, sets precedent for later cases
concurring opinion- agree with majority but for differing opinions
dissenting opinion- disagree w the courts majority
judicial restraint
judicial approach that states that courts should avoid delivering decisions that change the meaning of a current law or government statue unless there is a clear violation of the Constitution
hamilton and power of the supreme court
founders believed courts would be least powerful branch of government, commander-in-chief is the sword, congress is the purse, judiciary has no control over sword or purse so it’s weak
marshall courts
john marshall first chief justice, enforced fed power over state’s
brief
written argument submitted to the court
solicitor general
reps the US in cases
amicus curiae
friend of the court
judicial activism
how a judge approaches judicial review, judges make policy from the bench
dual court system
federal and states, fed is broken up into constitutional and special legislative courts
writ of certiorari
request that the Supreme Court order a lower court to send up the record of a case for review
class action
a lawsuit brought upon many
ohio and fed courts
6th circuit court
court of appeals
gatekeeper court
criteria for fed cases
subject matter - constitutional issues and admiralty (military-navy) case
parties involved (diversity cases- us officer or agency, ambassadors, consuls, state v state, citizen of one state suing citizen from another, citizen suing foreign gov
strict constructionism
constitution is black and white and shouldn’t be read or open to interpretation
liberal constructionism
believe that, when interpreting the Constitution, meaning and intent should be inferred based on consideration of the document as a whole.
due process clause
gov/authorities must follow rules and procedures in all criminal investigations and trials
equal protection clause
equal protection clause prevents the state government from enacting criminal laws that discriminate in an unreasonable and unjustified manner
select incorporation
incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states.
free exercise clause
recognizes our right to believe and practice our faith, or not, according to the dictates of conscience
establishment clause
bars the government from taking sides in religious disputes or favoring or disfavoring anyone based on religion or belief (or lack thereof).
prior restraint
must prove national security if want to claim prior restraint
clear and present danger
a risk or threat to safety or other public interests that is serious and imminent.
came form schenk
speech that isnt protected
speech that leads to imminent lawless action
speech that is protected
pure speech
exclusionary clause
must obtain a warrant to do search and seizure, illegally obtained evidence cant be used against you
mapp v ohio
illegal search and seizure in a woman’s house and they found porn, created exclusionary clause
procedural due process
constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.
substantive due process
law itself stands for questionable behavior- jim crow, USA Patriot Act
hyde amendment
banning fed funds going towards abortion
