Judiciary Flashcards
Differentiate between strict construction of the constitution and an activist interpretation.
Strict- not making changes and using precedent (previous court decisions) and conservative
Activist- more liberal and steer away from stare decisis and precedent
What was the court mainly interested in during the Civil War.
Civil war in the 1930s
During the new deal era
Post WWII
National supremacy and slavery
Govt and economy
Govt and personal liberty
Explain Hamiltons belief about the court in Federalist 78
Judicial branch least powerful branch
What did the Dred Scott case deal with? (3)
Non citizenship for Dred
14th amendment
No right to sue
How does the 14th amendment relate to private property and Dred Scott?
Equal protection clause
Explain FDRs court packing plan
For every justice over 70 who refuses to retire you can add one more with a cap of 15
What size does the Supreme Court have to be? (2)
Not set
Up to congress
Explain the differences btw legislative courts and constitutional courts
Constitutional court are those exercising power from ART III and judges are given constitutional protection. They may not be fired nor may their salaries be reduced while in office.
Legislative courts are for specialized purpose. Fixed terms and can be removed and/or have salaries reduced
How does concurrent, original, and appellate jurisdiction differ?
Concurrent- shared
Original- 1st court
Appellate- second level no juries
What are some factors involved in in getting nominated to a federal court? (5)
Political ideology senate judiciary hearing blue slip senatorial courtesy litmus test
What committee in the senate holds nomination hearings
Senate judiciary
Explain senatorial courtesy
Senators from home state of nominee are asked their opinion of nominee
What is a blue slip (2)
Turn in blue slip they approve of nominee
if they don’t turn in they disapprove
Which president had the largest number of minority appointments to the court
Bush
What is the purpose of an amicus curiae (3)
Friend of the court
Brief filed to sway opinion of justices in their favor
Could be interest group filing or even an individual
What is the litmus test in the nomination process
Test of political ideology
What is a diversity case
Citizens of different states
Explain a writ of certiorari
Means the court is going to hear your case
What types of cases does the court usually accept
Those w/ significant constitutional issues
It costs $300 to file a request to have a case heard? What if someone is too poor
In for a pauperus- a person can request the court to eat the cost because you are poor
How can interest groups get involved in a potential case
Amicus curiae brief “friend of the court”
Explain the rule of four (2)
Four justices decide the case has enough constitutional merit to hear the case
Minority rights
What are class action lawsuits
Group of individuals file together
What role does the U.S. Solicitor General play in the court
Decides if govt can be sued
How does checks and balances relate to the Supreme Court (2)
Judicial review
Can issue remedies that force other branches to act
How did John Marshall feel about national supremacy over state supremacy? How is this reflected in the rulings of his court? (3)
Strong advocate of strong national govt
Interstate commerce clause
Supremacy clause
What is judicial review? (2) What court case does it relate to?
Declare law unconstitutional, plays major role in checks and balances
Marburg v. Madison
