Unit Quiz January Flashcards
What Supreme Court Case established judicial review?
Marbury vs. Madison
What is Judicial Review and why is it important?
When the court decides if a legislative or executive act is constitutional.
Important because the court decides if actions taken by other two branches of government are legal
What is the 14th amendment?
How does it limit a State’s power?
The 14th Amendment guarantees that everyone must be treated equally.
Prevents states from passing laws that deny people’s rights based on race, gender, etc.
What was the outcome of Plessy vs Ferguson?
How did it view segregation?
Established the policy “separate but equal” which provided a constitutional justification for segregation.
What was the outcome of Brown vs the Board of Education?
How did the case view Segregation?
Established that State laws that created segregation of black and white students in public schools was unconstitutional.
What was the significance of Tinker vs Des Moines?
Did it expand or limit student rights and why?
It allowed for freedom of speech in schools.
It expanded rights by allowing students to voice opinions, but limited them because they couldn’t disrupt the learning of others in doing so
What was the ruling in McDonald vs Chicago?
How did it impact Federalism?
Allowed for the right to bear arms for self-defense.
It established that the right to bear arms was protected under the 14th amendment i.e. states can restrict the right to own guns
Who did the Supreme Court side with in Bethel School District vs Fraser?
Why?
It sided with the schools.
It said schools had a right to decide what speech was allowed and what wasn’t.
Limiting speech that is offensive and vulgar was not in violation of Freedom of Speech
What part of the 1st Amendment was the focus of Hazelwood School District vs Kuhlmeier?
Who did the Supreme Court side with?
Why?
Freedom of speech.
It sided with the schools.
It said they could censor student newspapers (limit what they could publish) because a student newspaper is not a “public forum” so not protected as free speech
What is the role of the Supreme Court?
How is it involved in checks and balances?
It decides if laws are unconstitutional or not.
It checks the power of the law making (legislative) branch
But Judges are nominated by the President and approved by the Senate, which provides checks and balances on the Supreme Court
If a citizen thinks a law is unconstitutional, what’s the best way to challenge it?
file a civil law suit or criminal prosecution
What is the role of the trial (or district) court?
What is the role of an appellate court?
District: make judgments based on the law, facts and precedent
Appellate: reviews trial court decisions and decides whether trial judge properly followed the law and legal precedent
Define Equality
Being equal and treating everyone the same
Define Equal Protection
When the State must treat everyone the same no matter their differences (race, gender, etc.)
Define Equity
Making sure people get access to same opportunities
