The United States Supreme Court Flashcards
13
judicial activism??
is the only court specifically established by the Constitution, all the others were created by Congress
Supreme Court
common law- the major advantages to this type of system
are effeciency and stability
disputes resolved by the adversarial process
each side represented by attorney
present own version of events
resolve as fairly as possible
mistakes may be examined by appeal
federal district courts and federal courts of appeals
Federal district courts have a jury and federal courts of appeals, which are also known as appellate courts, hear cases in panels of three
the ultimate appellate court
supreme court
hear cases that have been decided
federal courts of appeal, federal district courts, and state supreme courts
federal courts jurisdiction, cases in which the subject matter involves
the us constitution, statutes, treaties, and maritime laws
state courts
almost all criminal matters
president wants judges who have merit, but they consider judges who meet political criteria as well
members of their parties
robert bork nominated Reagan
president attempt to seek candidates without a paper trail, or at least without incriminating one (no footprints, no fight)
since 1968, six have been rejected
primarily based on ideology. Increased activism of the courts in the 1960s.
strategy of the opposite party
use the opportunity to energize their base
tenure of judges
life
judicial restraint
to limit the exercise of their own power. Is asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional
restrained judges
should not substitute their own views for those of the other branches
activist judges
concern with results- has justice truly been done?
the most conservative member of the courts
clarence thomas
a minimum of four justices must agree that the case should be heard by the supreme court
the “rule of four”
submit written arguments
briefs
marbury v. madison 1803
- established that the constitution takes precedence over legislative proceedings
- the supreme court was the ruling authority
- power of judicial review was thus established.
Judicial review is the power of the courts to determine whether a law of government action is unconstitutional
judicial review
the most powerful tool courts use to weild power
mcCulloch vs. Maryland
it enforced the supremacy clause…..
by affirming the constitutionality of the federal statue, while preventing states from passing laws that violate federal law.
Marshall laid down the basic theory of implied powers under the constitution
dred scott 1857
Scott is not a citizen therefore he can’t sue anyone, Congress had no authority to prohibit slavery in the TERRITORIES
plessey v. ferguson 1896
Supreme court upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of “separate but equal”
For the next 58 years this court case legitimized the separation of America based on race, and supported Jim Crowism.
brown v. the board of education 1954
the court declared state laws establishing separate public schools for black and white students to be unconstitutional.
was ruled a violation of the equal protection clause of the fourteenth amendment
