Unit 3: Supreme Court

Question 1

Precedent

Answer 1

A legal decision that establishes a rule for similar cases going forward. It can be examples from previous cases. It establishes consistency of the law.

Question 2

Stare Decisis

Answer 2

A concept of making legal decisions based on past court rulings (precedent). It follows precedent. Basically letting a decision stand.

Question 3

Judicial Review

Answer 3

The Supreme Court’s power to review whether acts of the Legislative branch, the executive branch, and the state government are consistent with the Constitution. It will strike down any action that it finds unconstitutional.

Question 4

Marbury V. Madison

Answer 4

Established Judicial review. It made it whether or not a law is against the Constitution.

Question 5

Majority Opinions

Answer 5

The court’s opinion becomes the law.

Question 6

Concurring Opinions

Answer 6

Issued by justices who agree with the court’s opinion but not the reasoning.

Question 7

Dissenting Opinions

Answer 7

Issues by justices who disagree with the court ruling.

Question 8

Judicial Restraint

Answer 8

When a judge follows precedent and upholds the law, action, or prior ruling.

Question 9

Judicial Activism

Answer 9

When a judge strikes down a law or action (declaring it unconstitutional) or overturns a previous ruling.

Question 10

Strict Constructionist

Answer 10

Interprets the Constitution in its original Context.

Question 11

Liberal Constructionist

Answer 11

Sees the original as a lining document and takes into account the always-changing social conditions.

Question 12

Original Intent

Answer 12

The meaning of the Constitution depends on the intent of the framers (people who wrote the Constitution).

Question 13

Marbury v. Madison

Answer 13

Established Judicial review.

Question 14

Shield Laws

Answer 14

” Shield laws protect journalists’ right to refuse to testify against their sources while gathering information in their role as journalists. There is no shield law at the federal level.”

Some states prioritize freedom of press then criminal prosecution.

Question 15

New York Times v. US

Answer 15

The Supreme Court ruled that the first amendment has strong protection against prior restraint. But the same protection is not clearly extended to sources. It was the publication of the Pentagon papers.

Question 16

Schenck v. US

Answer 16

In world war 1, Schenck tried and encouraged people not to join the war. Or be allowed to get drafted. He was charged with violating the Espionage act. The rule was in the government’s favor. It established two things.

1. The test of clear and present danger.
2. Imminent lawless action.
   - Someone instigating the breaking of a law/speech that violates a law.

Question 17

First Amendment

Answer 17

It gives freedom of speech, assembly (protest), the exercise of any religion, and establishes Congress can’t establish a religion, petition of redress grievances to the government, and freedom of the press (papers).

Question 18

Second Amendment

Answer 18

The right to bear arms. In other words the right to own guns as stated in the case of McDonald v. Chicago. That used the selective incorporation doctrine.

Question 19

Selective Incorporation

Answer 19

It’s a doctrine that allows for the combination of a clause (fourteenth Amendment, due process law) and an Amendment to the Bill of rights. Allowing it (bill of rights) to be applicable to the states.

Question 20

Third Amendment

Answer 20

The right to say no to a solider wanting to stay in your home.

Question 21

Fourth Amendment

Answer 21

No unreasonable seizures or searches without a warrant.

Question 22

Fifth Amendment

Answer 22

The Right to remain silent.

Question 23

Sixth Amendment

Answer 23

The right to have your Miranda rights read to you.
- Mrianda v. Arizona case
Along with the right to a public jury trial, but a fair and speedy trial.

Question 24

Seventh Amendment

Answer 24

It extends the right to have a jury trial in civil cases.

Question 25

Eighth Amendment

Answer 25

It protects against cruel or unusual punishment. It prevents the use of excessive bail.

Question 26

Ninth Amendment

Answer 26

It basically says, “ Just cause there isn’t a right listed here it doesn’t mean that it isn’t one.” - Sueyka.

Question 27

Tenth Amendment

Answer 27

Basically says, “ If the damn constitution doesn’t give the power to the US but also doesn’t prevent states from using it. THEN THAT’S A POWER RESERVED FOR THE DAMN STATES AND PEOPLE.”

Question 28

Engel v. Vitale

Answer 28

Delt with the establishment clause of the First Amendment.

Question 29

Roe v. Wade

Answer 29

It extended the woman’s right to privacy to have an abortion. By the due process clause of the fourteenth amendment.

Question 30

Fourteenth Amendment

Answer 30

Provides due process clause and the equal protection clause of laws. Can be used to apply the Bill of Rights to States.

Question 31

Equal Protection Clause

Answer 31

This clause is used in Brown v. Board of Eduction of Topeka.

Question 32

Affirmative Action

Answer 32

Basically, it means that some places will take into account people’s race when looking at their applications. To compensate for inequality in their system in the past. The equal protection clause could be applied.

Question 33

Tinker v. Des Monies

Answer 33

Public school students have the right to wear black armbands in school to protest the Vietnam war. As they do have freedom of speech right as long as the speech does not disrupt the education of others.

Question 34

Brown v. Board of Education

Answer 34

Rased-based schools violate the equal protection clause. Basically, set the stand for the rest of the people to follow suit in ending segregation in the public.