Judiciary

Question 1

Differentiate between strict construction of the constitution and an activist interpretation.

Answer 1

Strict- not making changes and using precedent (previous court decisions) and conservative
Activist- more liberal and steer away from stare decisis and precedent

Question 2

What was the court mainly interested in during the Civil War.
Civil war in the 1930s
During the new deal era
Post WWII

Answer 2

National supremacy and slavery
Govt and economy
Govt and personal liberty

Question 3

Explain Hamiltons belief about the court in Federalist 78

Answer 3

Judicial branch least powerful branch

Question 4

What did the Dred Scott case deal with? (3)

Answer 4

Non citizenship for Dred
14th amendment
No right to sue

Question 5

How does the 14th amendment relate to private property and Dred Scott?

Answer 5

Equal protection clause

Question 6

Explain FDRs court packing plan

Answer 6

For every justice over 70 who refuses to retire you can add one more with a cap of 15

Question 7

What size does the Supreme Court have to be? (2)

Answer 7

Not set

Up to congress

Question 8

Explain the differences btw legislative courts and constitutional courts

Answer 8

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

Question 9

How does concurrent, original, and appellate jurisdiction differ?

Answer 9

Concurrent- shared
Original- 1st court
Appellate- second level no juries

Question 10

What are some factors involved in in getting nominated to a federal court? (5)

Answer 10

Political ideology
senate judiciary hearing
blue slip
senatorial courtesy
litmus test

Question 11

What committee in the senate holds nomination hearings

Answer 11

Senate judiciary

Question 12

Explain senatorial courtesy

Answer 12

Senators from home state of nominee are asked their opinion of nominee

Question 13

What is a blue slip (2)

Answer 13

Turn in blue slip they approve of nominee

if they don’t turn in they disapprove

Question 14

Which president had the largest number of minority appointments to the court

Answer 14

Bush

Question 15

What is the purpose of an amicus curiae (3)

Answer 15

Friend of the court
Brief filed to sway opinion of justices in their favor
Could be interest group filing or even an individual

Question 16

What is the litmus test in the nomination process

Answer 16

Test of political ideology

Question 17

What is a diversity case

Answer 17

Citizens of different states

Question 18

Explain a writ of certiorari

Answer 18

Means the court is going to hear your case

Question 19

What types of cases does the court usually accept

Answer 19

Those w/ significant constitutional issues

Question 20

It costs $300 to file a request to have a case heard? What if someone is too poor

Answer 20

In for a pauperus- a person can request the court to eat the cost because you are poor

Question 21

How can interest groups get involved in a potential case

Answer 21

Amicus curiae brief “friend of the court”

Question 22

Explain the rule of four (2)

Answer 22

Four justices decide the case has enough constitutional merit to hear the case
Minority rights

Question 23

What are class action lawsuits

Answer 23

Group of individuals file together

Question 24

What role does the U.S. Solicitor General play in the court

Answer 24

Decides if govt can be sued

Question 25

How does checks and balances relate to the Supreme Court (2)

Answer 25

Judicial review

Can issue remedies that force other branches to act

Question 26

How did John Marshall feel about national supremacy over state supremacy? How is this reflected in the rulings of his court? (3)

Answer 26

Strong advocate of strong national govt
Interstate commerce clause
Supremacy clause

Question 27

What is judicial review? (2) What court case does it relate to?

Answer 27

Declare law unconstitutional, plays major role in checks and balances
Marburg v. Madison