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SCOTUS > Final Quiz 🧎 > Flashcards

Final Quiz 🧎 Flashcards

1
Q

What percentage of the Constitution is devoted to the Judicial Branch and the Supreme Court?

A

Not enough, 8 percent

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2
Q

What does the U.S. Constitution say about SCOTUS

A

The Supreme Court will retain original jurisdiction over most cases, and appellate jurisdiction over all others

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3
Q

How many judges in the Supreme Court and how many lower courts does Const. Define?

A

The constitution does not define a specific number of judges, or specific number of courts. It leaves it up to congress to determine these qualities

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4
Q

Who can become a SCOTUS justice

A

Anyone, no requirements are listed. Even a baby can become a judge

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5
Q

Delineated

A

Set forth

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6
Q

How long can a Supreme Court judge serve? Why?

A

For life
*: According to fed 78 by Hamilton, a justice should serve for life so they can remain independent from partisan pressures such as re-election

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7
Q

Judges serve for..

A

For life, under the condition that they have good behavior

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8
Q

What oaths do judges give

A

Oath of office
Judicial oath

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9
Q

Who nominates judges?

A

The president

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10
Q

Who confirms judges

A

Senate

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11
Q

What is original jurisdiction? In what cases does the Supreme Court have it?

A
  • Ability to hear cases first
  • In all cases involving ambassadors, consuls, and ministers
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12
Q

What is appellate Jurisdiction?
In what cases does the Supreme Court have it

A

Appellate jurisdiction is the ability to hear previous court cases in which there is an appeal, in order to reverse/ modify/ sustain a decision established.
- SCOTUS= court of last resort, is the last court to hear all federal appeals.

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13
Q

SCOTUS Role in impeachment

A

Chief Justice presides over impeachment and removal hearings

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14
Q

What is the court’s job? How does it fit in the federal government?

A

Judicial branch interprets laws constitutionality

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15
Q

What is the main checks of Judicial branch

A

Declare laws and federal acts unconstitutional

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16
Q

Popular sovereignty

A

Power is derived from the consent of the people/ the governed

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17
Q

Political equality

A

All citizens have equal standing in the country (one person, one vote). Votes cannot be silenced for politically convenient reasons

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18
Q

Rule of law

A

No individuals are above the law.

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19
Q

Liberty

A

Citizens are free to choose their own paths and interests, and are free from deliberate harboring of rights

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20
Q

Separation of powers

A

Governing power is divided into 3 branches of government
-fed 51!: Montesquieu, one governing body can endanger liberty

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21
Q

Checks and balances

A

Three branches of government all have powers to stop a branch from abusing its power

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22
Q

Fed 10: How can we limit factions

A
  • a large republic is key to disabling factions= competition faction v faction to reach compromise
    -Constitution creates a large republican government in which factions are Competing against each other
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23
Q

Federalism

A

Government authority is split into two branches, state and federal government

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24
Q

What are the words inscribed on US SCOTUS building

A

Equal justice under law

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25
Q

Marbury v Madison

A

The case that established judicial review
1. Do plaintiffs have the authority to recieve their commissions and sue in court? (Yes under the Judicial Act Section 13)
2. Do the judges have the authority to give them their commissions (No, the judicial act section 13 conflicts with A3 SCOTUS original jurisdiction)

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26
Q

Fletcher v Peck

A
  • Can declare state laws unconstitutional
    -ruled that a grant to a private land company was a contract within the meaning of the Contract Clause of the Constitution, and once made could not be repealed.
27
Q

McCullough v Maryland

A

Expanded Congress’ powers under the neccesary and proper clause.
States cannot tax a branch of the national bank because it is a part of supreme law

28
Q

Gibbons v Ogden

A
  • Supreme Court can distinguish what constitutes as commerce
    -Congress has authority over interstate navigation under the commerce clause
29
Q

Brown v Board

A

Seperate education facilities are inherently equal under the Equal Protection clause

30
Q

What is the difference between state and federal courts

A

State courts are to argue violations of state law, and federal courts for federal law

31
Q

Order of the courts (inferior to superior)

A
  1. U.S. District Courts
  2. U.S Circuit Court of Appeals
  3. U.S. Supreme Court
32
Q

What are District Courts

A
  • where a case starts
  • cases ranging from civil to criminal cases
33
Q

What are Circuit court of appeals

A
  • hears appeals from federal district courts
  • a case usually ends here
  • 12 circuit courts that cover geographic regions, 1 for federal circuit (national jurisdiction cases)
34
Q

Equal justice under law meaning

A
  • all people, including gov officials are not above the law
35
Q

Due Process of law

A

legal matters be resolved according to established rules and principles, and that individuals be treated fairly and their natural rights not be violated

36
Q

Trial by impartial jury

A

-independent people, no relation to defendant or plaintiff, decide case based on the facts

37
Q

Adversial system

A

System that creates the plaintiff and defendant who present to an impartial party, usually a judge

38
Q

Judicial independence

A
  • judges are free from outward influences that would not make them vote impartially
  • This is why we have full life terms, re-election subjects judges to partisan pressures (similar to how congress only depends on re-election)
39
Q

Judicial temperament

A
  • showing respect to all through compassion, open-mindedness, courtesy, and more
  • ex: justices nearly ever yell at each other in the deliberation process, or when disagreeing
40
Q

Precedent

A

A court decision that establishes a standard for ruling on following cases similar to it

41
Q

Standard of guilt: criminal cases

A

Beyond of reasonable doubt: meaning that there is no other reasonable explanation that can come from evidence in trial besides yours

42
Q

Standard of guilt: civil cases

A

Preponderance of evidence: there is a burden of proof that shows the claim is true by more than 50% chance

43
Q

Strict constructionist vs loose constructionist

A

Strict= narrow reading of constitution, interpreting what is explicitly there
Loose= Reading in between the lines, interpreting based on applying historical context.

44
Q

Judicial restraint vs judicial activism

A

Restraint: doctrine that judges should be careful in overturning existing precedent
Activism: doctrine that judges should use judicial review overturn precedent in order to create new ones that interpret the constitution in a new way. Creating new policy based on decision

45
Q

Textualism

A

Interpret the const based on original meaning
- strict constructionism
-ignores factors outside the text

46
Q

Originalism

A
  • interpret the const based on its meaning at the time it was written
46
Q

Contextualism

A

-interpret the const and apply it to the context of today

47
Q

Living constitution

A
  • the const lives, evolves, and changes in meaning as time proceeds
48
Q

Libertarianism

A

Uphold preserving individual liberty as core value

49
Q

Liberal scholar

A

Upholds idea of individual autonomy.

50
Q

Engel v Vitale

A

School wide prayer in public schools declared unconstitutional

51
Q

Gideon v. Wainwright

A

Extended 5th and 6th amendment rights of counsel to states/ state courts

52
Q

Miranda v Arizona

A

5th amendment protects those accused of crimes, meaning law enforcement must inform the accused of their legal rights before arresting them, and must prove their case with substantive evidence without coercion

53
Q

McDonald v City of Chicago

A

DC v Heller -2nd amendment protects fundamental right to own gun for self defense purposes
This case incorporated to states as well

54
Q

Burrell v Hobby Lobby**

A

Established right of a private company to use first amendment free exercise of religion

55
Q

Katzenback v McClung

A

Extended congress’ right to prevent discrimination outlined in civil rights act in restaurants.
-Commerce clause: restaurants are also

56
Q

Gratz v Bollinger & Fisher v University of Texas

A
  • upheld affirmative action only in terms for using race as one of many factors in creating diversity at schools
57
Q

Fredericks v Morse

A

Established right of public school to enforce its rules limiting speech that violated school policy by prohibiting the promotion of illegal drugs

58
Q

Loving v Virginia

A

Built on Griswold v Connecticut: Griwsold established right of privacy, and this case est the right to marry regardless of race

59
Q

Obergefell v Hodges

A
  • right to marriage regardless of gender
60
Q

Texas v Johnson

A

Flag burning is protected form of free political speech

61
Q

Bourmediene v Bush

A

Est that US may not imprison anyone, anywhere, even in war, without due process

62
Q

Kelo v City of New London

A
  • fifth amendment eminent domain can be used by private companies as long as it is in the interest of economic developement
    “Public use” = “public purpose”
63
Q

NYT v US

A

1st amendment protects the press, cannot be censored without purpose of national

SCOTUS (3 decks)

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