What is the most trusted political institution and least democratic
The Supreme Court
Who nominates all judges
Who confirms the judges and how long do they serve
The Senate, for life.
Who was believed to be the weakest branch of government
How many member serve of the Supreme Court
9 members (Determined by Congress)
The Supreme Court is part of what system.
The Federal Court System.
Which article established the Supreme Ct
How was the Federal Court System Created
In the Judiciary Act of 1789
Authority to hear and decide certain cases
Type of Court that is the first to hear a case and is interested in the facts and rendered a decision or verdict
Often called review courts, what court is interested in the application of the law not the facts
What is the most important criteria for the President in the nomination of a Justice for the Court
Who was the justice nominee that did not have a unanimous rating and involved Anita Hill
What is needed for the Senate to confirm a Supreme Court nominee
Majority vote (50% + 1)
Who does the backgroud checks, holds hearings and makes recommendation to the full Senate
Senate Judiciary Committee
2/3rds of the cases that reach the Supreme Court come from what court
The U.S. Court of Appeals
Who drafts the list of cases to be discussed.
The Chief Justice or more precisely his (law clerks)
How many justices must want to hear a case for it to be accepted.
4 (This is called the rule of 4)
What is a bries filed by Interested Parties Usually interest groups that lobby the courts.
Amicus Curiae (Amicus)
During Oral Arguments how long does each side get to summarize their case.
A Judicial Conference Decision depics
Who won and by What margin
If the Chief Justice is on the winning side
He controls the opinion of the court.
In a Concurring opinion
The Justices agree with the decision, but not with the opinion.
Judicial Review is
The authority of the court to nullify acts of Government by declaring them unconstitutional.
What is the Single Most important case heard by the Supreme Court
Marbury vs Madison
What did Marshall declare unconstitutional
Section 13 Judiciary act of 1789.
What did Marbury vs Madison Establish
Judical review and constitutional authority.
Why were the Bill of Rights added (1st 10 amendments)
To gain support for the constitution
What case disputed the Govt taking private property for public use
Barron vs Baltimore (1833), Marshall wrote that the bill of rights pertains to the national govt and not the state legislators.
The 14th amendment is:
Incorporation Doctrine - US Supreme Ct held most guratees in the Bill of Rights now also apply to State and Local Governments.
When did these incorporations become inacted>
Basic Freedoms of 1st amendment
Speech, Press, Religion and Assembly
What is Seditious Speech
A speech that encourages rebellion against the government.
Which case compared the draft to slavery. "assert your rights"
Schenck vs U.S. (1919)
What test did the U.S. Supreme Court adopt
The "Clear and Present Danger" test.
What case advocates workers to "revolutionary mass action"
Githlow vs New York (1925)
Due to the Githlow case the Supreme Court adopted what amendment.
The first amendment using the due process clause.
Can a KKK member advocate "revenge" on public officals
Yes, that speech is protected.
What is symbolic speech
The black arm band. The F&%$ the draft Jacket. Burning draft cards. Burning the flag.
In what case did the U.S. Supreme Court rule that obscenity is not protected.
Roth vs U.S. (1957)
What case was titled "orgies illustrated"
Miller vs california (1973), where the Supreme Ct ruled that Community Standards can define Obscenity.
What can communities ban or censor
Materials unless unless they have serious value.
What does S.L.A.P. stand for
Serious literary, artistic, political or Scientific Merit.
What did Near vs Minnesota (1931) incorporate?
Freedom of the Press. Supreme Court ruled Minnesota must respect Freedom of the Press
Which was deem the Pentagon Papers Case?
N.Y. Times vs U.S. (1971)
In which case did the Supreme Court rule that Childrens Press has fewer Rights that Adult Press?
Hazelwood vs Kahlmeier (1988)
N.Y. Times vs Sullivan (1964) established what?
Difficult standard for libel overturning a 500,00 judgement in the N.Y. times behalf.
What did Engel vs Vitale (1962) determine
sanctioned prayer was allowed in public schools. Supreme Court ruled it was unconstitutional.
What is the latest controversy to reach the Supreme Court?
Virginias Minute of silence. Upheld by the supreme court was not considered to be (religious) by secular.
What case established the lemon law. (Must have a secular purpose, not advance or inhibit religion, and not entagle government excessively with religion).
Lemon vs Kurtzman (1971)
In which case did the Supreme Court outlaw polygamy?
U.S. vs Reynolds (1878)
What is Due Process
A set of procedures (process) this is fair or civil (due).
MAPP vs Ohio (1961) established what rule?
The Exclusionary Rule, stgating evidence obtained illegally cannot be introduced as evidence.
What did the Supreme Court rule on Florida vs J.L.
That it is unconstitutional to frisk an individual based on an anonymous tip only.
Miranda vs Arizona (1966) established what?
The "Miranda Card".
What case substantiated the obligation to provide legal counsel for states
Gideon vs Wainwright (1963)
Where are most executions conducted?
South with Texas as the runaway leader. 8th amendment
What case attempted to use statistical bias as a reason for overturning the death penalty
McCleskey vs Kemp (1987)
Which case determined if Kentucky could use lethal injections for executions
Baze vs Reese (2008)
Negative Freedoms are called?
Civil Liberties (individual)
Positive Freedoms are called?
Civil Rights (group)
Many early Africans came to America from 1619-1660's as?
3/5th compromise Slaves counted as 3/5 for taxes and representatives. Congress could ban the importation of slaves after 1808 as Part of the?
Great Silence of the Constitution
The 13th Amendment?
The 14th Amendment?
Granted former slaves citizenship overturning Dred Scott. and establishing "Due Process"
Segregation that is legally mandated
Which type of Segregation is non-legal and is based on factors such as economic inequalities or settlement patterns
What was the purpose of Jim Crow Laws?
To establish wholesale segregation of the south.
How did the Supreme Court rule in the Civil Rights cases of (1883)
That business owners had significant property rights and could discriminate (Private discrimination constitutional).
Which case adopted a Separate but equal doctrine on Louisiana railcars?
Plessy vs Ferguson (1896), by an 8-1 margin the Supreme Court upholds this law as a legitimate exercise of the states police powers.
In what case did the Supreme Court rule that public schools must be desegregated "with all deliberate speed"?
Brown vs Board of Education (1954)
Under what president and what year was the military integrated?
Truman - 1948.
Rusa Parks refuses to give up her seat on a bus causing Martin Luther King Jr to do what?
Boycott the bus lines or the Montgomery Bus Boycott (1955) this was the beginning of the Civil Rights movement
When did Dr. King march on Washington for Jobs and Freedom?
What act overturned the "Civil Rights cases" of 1883?
Civil Rights Act of 1964 "Public Accommodations and Jobs.
What 2 cases upheld the Civil Rights Act of 1964?
Katzenbach vsw McClung (1964), Heart of Atlanta Motel vs U.S. (1964)
Which case discussed college entrance slots based soley on ethnicity
University of California @ Davis vs Bakke(1978)
How did the Supreme Court rule on the Davis vs Bakke case?
It was 4-4-1 and determined that quotas are illegal but in the future the university can use race as a factor
Who do women perfer as thier supervisor male, female?
Overwhelmingly they prefer male supervisors.
What did Jefferson say about women?
What case discussed whether women could be attourneys?
Bradwell vs Illinois (1873)
In the Bradwell case what did the Supreme Court rule?
They upheld illinois ban of women attorneys.
How did many early feminists gain political experience?
Prior to the 19th Amendment who gave women the right to vote?
Every Western State except New Mexico.
The 19th amendment gave women the right to vote in what elections?
What did Title 9 ban and what year was it passed?
Gender discrimnation in 1972. (targeted for sports)
Why and when did the did the Equal RIghts amendment fail?
Because only 35 of 38 states ratified it in 1972.
U. S. Supreme
It has 9 members
U. S. court of Applets
Has 13 members
U.S. Dist. Court
Has 94 members
California Sup. Court
Has 7 members
Caligornia Court of applets
has 6 members
Is burning the flag constitutionally protected by symbolc speech
Yes, flag is protected by the first amendment.
Texas vs Johnson
Randells Ranking on Pornography & Obscenity
1. Children 2. Animals 3. Dead people
The supreme court upheld the right to a legal abortion
Roe vs Wade 1973
This amendment failed 35 of the 38 required states ratified it.
Equal right Amendment 1972
This is the major federal law banning discrimination based on gender
Title Ix 1972
This amendment gave women the right to vote nationally
The 19th amendment
The supreme court by a 9-0 margin rules that public schools must be desegregated.
Brown vs Board of Education 1954
protection from cruel and unusal punishment