← Judicial Branch Test
5 Written Questions
5 Matching Questions
- Advise and Consent of the Senate
- Why was the Warren Court Era so controversial?
- Senatorial Courtesy
- Judicial Activism
- Appellate Courts
- a From 1953-1956 much of the time of the Court was spent on school desegregation cases. The years 1957-1961 were characterized as a stalemate when few controversial cases were heard. The years 1962-1968 are often referred to as the "heyday of the Warren Court" when it moved in an aggressively liberal direction on numerous constitutional issues ranging from racial to civil rights, to legislative apportionment, to church state relations, to freedom of speech, to criminal justice.
- Gideon vs Wainright - everyone is entitled to an attorney
- Mapp vs Ohio - established the "exclusionary rule" that restricted the use of evidence obtained illegally.
- Miranda vs Arizona - police officers must inform people of their rights.
- b Idea that the Supreme Court should interpret the Constitution based on the times and reflect changes in American society.
- c When filling DISTRICT court seats in individual states, president's will seek the advice of the Senators of that state when nominating a candidate. A "blue slip" is supplied by the senators with their recommendations.
- d The Senate Judiciary Committee will approve or reject nominees. Their recommendations are sent to the Senate for final approval. The Senate must CONFIRM all federal court nominees with a majority vote.
- e Courts where cases are appealed to. Review LOWER courts decisions. Cases do NOT start here.
*The U.S. Supreme Court is the ONLY court with both ORIGINAL and APPELLATE jurisdiction. Cases can start there and can be appealed there.
5 Multiple Choice Questions
- - Race
- Party Affiliation
- Experience & background
- Senatorial Courtesy
- 4 of the 9 Supreme Court justices must agree to call up a case.
A writ of Certiorari is issued to call up a case.
*5 of 9 justices are needed to issue a stay. This will halt the proceedings in a case until the Supreme Court reviews it.
- The Supreme Court has used its "citizenship"(1) clause, "equal protection"(2) clause and "due process"(3) clause to force STATES to comply with the Constitution.
Section 1. All persons (1) born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; (3) nor shall any State deprive any person of life, liberty, or property, without due process of law; (2) nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
- usually dealt with in federal courts - have your rights been violated? Has the government abused its authority?
- State and Federal Court systems are completely separate! You can be tried for the same crime in BOTH state and federal courts.
5 True/False Questions
Writ of Certiorari → This is the formal written decision of the Supreme Court when it decides a case.
Incorporation → The Supreme Court using the 14th amendment to force states to comply with the Constitution.
*Selective incorporation describes the long process on a case-by-case basis. Not ALL of the Bill of Rights has been tested by the court.
See flashcards: Link Debating Incorporation
Judicial Restraint → Idea that the Supreme Court should interpret the Constitution based on the times and reflect changes in American society.
Litigation → usually dealt with in federal courts with monetary awards.
Solicitor General of the U.S. → When filling DISTRICT court seats in individual states, president's will seek the advice of the Senators of that state when nominating a candidate. A "blue slip" is supplied by the senators with their recommendations.