Judiciary / SCOTUS

Question 1

SCOTUS Constitution

Answer 1

only thing in the Constitution is that there should be a SCOTUS for the law of the land and Congress makes necessary lower courts

Question 2

SCOTUS History

Answer 2

• not a lot of debates on lower courts; occurred because Anti-Federalists said the states already had courts
• originally 6 members
• John Jay was the first Chief Justice

Question 3

Judiciary Act of 1789

Answer 3

first act of legislation approved by the first Congress that broadly made the current three levels of the court system (district, appellate/circuit, SCOTUS)

Question 4

SCOTUS (General Info)

Answer 4

• 1869: set the chair count to 9 members
• The Term of Courts
• Three levels: district, circuit, Supreme Court
• all members have lifetime appointments
• Constitution has set no qualifications for SCOTUS justices

Question 5

District Courts

Answer 5

• civil and criminal cases

Question 6

Circuit/Appellate Courts

Answer 6

• first level of appeal for decisions from district court

Question 7

SCOTUS Court

Answer 7

• ultimate court of appeals

Question 8

Marbury v. Madison

Answer 8

• Most important SCOTUS decision
• established judicial review

Question 9

Judicial Review

Answer 9

the power to check the constitutionality of laws passed by Congress

Question 10

Marshall’s Questions in the M v. M case

Answer 10

1. Does Marbury have a right for a writ of mandamus?
2. If he has the right, do the laws of the US allows courts to grant this writ?
3. If so, does SCOTUS have the power to do that (Marshall said yes)
   Judiciary Act of 1789: SCOTUS given original jurisdiction to allow Marbury to go directly to the Supreme Court (Marshall said that this was unconstitutional)

Question 11

Originalist Theory

Answer 11

• The Constitution does not change and only amendments can change the literal interpretation of it
• The Congress if given the power to make laws and the role should not be made by the courts

Question 12

Evolutionary Theory

Answer 12

• The Constitution should be interpreted in modern time context
• The world changes and we need to look on how that happens

Question 13

TODAYS SCOTUS

Answer 13

• Clarence Thomas
• Samuel Alito
• John Roberts
• Amy Coney Barret
• Neil Gorsuch
• Brett Kavanaugh
• Elena Kagan
• Sonia Sotomayor
• Ketanji Jackson

Question 14

TODAYS SCOTUS: Originalists

Answer 14

• Clarence Thomas (most adamant)
• Samuel Alito
• John Roberts (tries to remain neutral but leans originalist) (Chief Justice)
• Amy Coney Barret
• Neil Gorsuch
• Brett Kavanaugh

Question 15

TODAYS SCOTUS: Evolutionists

Answer 15

• Elena Kagan
• Sonia Sotomayor
• Ketanji Jackson

Question 16

TODAYS SCOTUS: New Trends

Answer 16

this is the first supreme court that has not heavily relied on precedent (decision that does not consider previous SCOTUS decisions)

Question 17

Writs of Mandamus

Answer 17

an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct and abuse of discretion
- William Marbury sought one of these to force Secretary Madison to deliver his commission as a justice of the peace

Question 18

Common Law System

Answer 18

law is largely developed through binding judicial decisions (used in the US - judge interpret the laws)

Question 19

Code Law System

Answer 19

provide very detailed and comprehensive laws that do not leave room for much interpretation and judicial decision-making (judges simply apply the laws)

Question 20

Dual Court System

Answer 20

US has two levels of courts: national and state
- both levels have trial courts, appellate courts, and supreme courts (courts of last resort)