Exam 2 - Supreme Court Flashcards
The federalist system includes
Multiple layers of courts / the judicial branch
what does the federal system do?
it oversees federal laws and disputes between states, states & federal gov’t, and the federal government and foreign entities
their is only one Judicial system in the US (T/F)
False
each state has their own legal/ judicial system
each state has their own legal system (T/F)
True
What are the 2 goals of the Supreme Court?
- protect sanctity (holiness) of US constitution from other branches (protect the constitution)
- protect individual rights against societal / government oppression
what are considered societal/government oppression? (3)
- federal gov
- state gov
- private actors
The judicial branch (supreme court) was envisioned as
judgement
Hamilton claimed that the judicial branch will be the ____
least dangerous
why is the judicial branched seen as the least dangerous ?
because while the court can make decisions it CANNOT ENFORCE THEM
The supreme court can make judgement and enforce laws (T/F)
False they can only use judgment, their powers would begin in the court and end their
The judiciary is a key component of the nations _(1)__, finding its place as _(2)___
- constitutional democracy
- chief INTERPRETER OF THE CONSTITUTION
the judiciary interprets laws (T/F)
True
The Supreme Court WAS in the Articles of Confederation (T/F)
False, it was not in the AOC
Original Jurisdiction
case heard for the first time
Appellate Jurisdiction
hears case on appeal from lower court to judge original ruling
The Judicial Branch is the ___ and __ of the three branches
is the SHORTEST and LEAST DETAILED
what does the supreme court establish?
established 1 court
What does Article 3 of the Constitution state?
that the power of judiciary branch is vested in the Supreme Court
what did the Judiciary Act of 1789 establish?
laid the frame work of today’s Federal judicial system
(established the judicial Courts)
what act established the today’s federal judicial system?
judiciary act of 1789
List the Steps of the basic structure unchanged. (3)
the steps from getting a case from the district court to the supreme courts
- District Court
- Appeal Courts/ circuit courts
- Us. Supreme Court
Basic = (DAU)
List the structures of getting a case from a state to the US supreme courts (4)
- trail courts
- appeals
- state supreme court
- US supreme court
state = (TASU)
where was the court originally located?
on the outskirts of the congressional buildings
The location of the Court signified
the courts growing role as part of the national government
who was credited with defining the modern court, clarifying its power and strengthening its role
John Marshall
Judicial Review
The Court can determine if the actions from another branch or state is deemed constitutional or not.
if the courts find these action unconstitutional it can become null or void
what can occur when the court finds something unconstitutional
whatever is unconstitutional can be null or void
when was judicial review first established? and why?
first establish in Marbury V Madison it was the first time the court declared an act of congress unconstitutional
What was the outcome of Marbury V Madison
it established judicial review
claimed that an act from congress was unconstitutional
what are the 3 main things that John Marshall do for the court
- modernized the court
- clarified its power
- strengthened its role
List the two primary pathways the US supreme court hears cases?
From the Circuit Courts (Districts Courts –> Appeals court –> US supreme Court) (DAU)
From the State
1. trail courts
2. appellate courts
3. state supreme court
4. US supreme court (TASS)
how many justices serve in the supreme court
9
supreme court members are appointed by __(1)__ and confirmed by __2__
- POTUS (president)
- Senate
How long do justices on the supreme court get reelected?
they serve lifetime appointment
the people choose supreme court judges / justices (T/F)
FALSE
the president does
The supreme courts hears hundreds of cases per year (T/F)
False they hear less than 100 cases
the majority of cases have been heard at the ___
state level
the supreme court hears fewer than 100 cases per year (T/F)
True
Out of the 9 judges in the supreme court __(1)__ and __(2)__
- one is the chief justice
and 2. 8 are associate justices
Circuit courts contain
3 justices
federal districts courts have
one judge each
why do judges serve for life?
because they are not directly involved in politics since they do not have to campaign for reelection
isolated from political parties when deciding cases
function of senate in picking a federal judge
advice and consent
explain the process of electing a federal judge
- president nominates
- nominee is discussed in senate judiciary committee
- candidate must be confirmed by majority vote of full Senate
- sworn in
senatorial courtesy
when a new judge is needed in a lower federal court the president consults with the states senators before a nomination
the US supreme court operates on the principle of
stare decisis
stare decisis
today’s decisions are based largely on rulings from the past and tomorrows ruling rely on what is decided today
why is stare decisis important?
it ensures greater certainty and stability in law and constitutional interpretation
the evolution of the supreme court is influenced by (2)
john Marshall and judicial review
