5 Written Questions

1. Engaging in court proceedings or arguing a case in front of a judge or panel of justices.
   *An attorney is one.
   *The Solicitor General of the United States acts as the attorney for the U.S. in court cases it argues before the Supreme Court.
   *Remember, Interest Groups provide information by supplying Amicus Curiae briefs to the Court. By doing this they can influence a decision.
2. Idea that the Supreme Court should interpret the Constitution based on the times and reflect changes in American society.
3. Was known for turning power BACK to the states.
4. This is the formal written decision of the Supreme Court when it decides a case.
5. 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.

5 Matching Questions

1. Advise and Consent of the Senate
2. Amicus Curiae Briefs
3. Why is the 14h Amendment considered so important?
4. Why was the Warren Court Era so controversial?
5. Why is precedent so important when the Court rules

1. a Formal documents supplied to the Supreme Court in support of or against the case.
   Supplied by people or interest groups NOT directly involved in the case but who may be impacted by the outcome of the case.
   *Remember from chapter reading that 58 other parties sided with or against Allan Bakke in his reverse discrimination case.
2. b 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.
3. c The Supreme Court follows the idea of "Stare Decisis" or "let the ruling stand" to guarantee the continuity of law.
   A writ of Mandamus is issued when the court announces its decision.
4. d 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.
5. e 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.

5 Multiple Choice Questions

1. Court where a case BEGINS!
   
   On the federal level, this is USUALLY a federal DISTRICT court - a Trial Court.
   1. Incorporation
   2. Litigation
   3. Original Jurisdiction
   4. Criminal Law
2. 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
   1. Civil Law
   2. Litigation
   3. Incorporation
   4. Rule of 4
3. Is a written document used when the Supreme Court decides to call up a case.
   Most cases never make to the Supreme Court.
   *If the court refuses to call up a case, the lower court ruling will stand.
   1. Litigation
   2. Writ of Mandamus
   3. Writ of Certiorari
   4. Incorporation
4. - The Privileges and Immunity Clause
   - The Equal Protection Clause
   - The Due Process Clause
   1. Why is the 14h Amendment considered so important?
   2. Advise and Consent of the Senate
   3. Why is precedent so important when the Court rules
   4. What are the 3 important clauses of the 14th Amendment?
5. usually dealt with in state courts with fines or jail time.
   1. Constitutional Law
   2. Criminal Law
   3. Civil Law
   4. Litigation

5 True/False Questions

1. Civil Law → usually dealt with in state courts with fines or jail time.

   True        False

2. Dual Sovereignty Doctrine → Is a written document used when the Supreme Court decides to call up a case.
   Most cases never make to the Supreme Court.
   *If the court refuses to call up a case, the lower court ruling will stand.

   True        False

3. Appellate Courts → 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.

   True        False

4. Solicitor General of the U.S. → Member of the Attorney Generals office that decides what cases the current administration will appeal to the Supreme Court. (U.S vs .......).

   True        False

5. Constitutional Law → usually dealt with in federal courts - have your rights been violated? Has the government abused its authority?

   True        False