AP Gov. Ch. 16
Terms in this set (70)
Who is the current chief justice of the Supreme Court?
In Federalist No. 78, Hamilton described the judiciary as what?
"least dangerous" to political rights
Btwn 1789 and the Civil War, the Supreme Court was primarily occupied w/ the issues of what?
Slavery and national supremacy
In McCulloch v. Maryland the Supreme Court held what?
The fed. gov. could pass any laws necessary and proper to the atainment of constitutional ends
A crucial decision involving the protection of private property interpreted the 14th amendment's reference to "person" to also mean what?
From the Civil War to the 1930s, the Supreme Court was primarily occupied with what?
Economic regulation by government (lack of it)
The principle that the Supreme Court used in overturning Fulton's monopoly on a New York steamboat operation was what?
State law cannot prevail over fed. law
What is a political significance from Marbury v. Madison?
SC will try to avoid direct confrontation w/ other branches of the gov.
The commission at issue in Marbury was the result of an attempt by whom to pack the judiciary w/ loyal supporters?
The commission at issue in Marbury was supposed to be delivered by the secretary of state who?
Marbury v. Madison had its origins in the aborted commission of whom?
Who wrote the majority opinion in Marbury?
What was the amazing result of the Marbury decision?
The court decided it had no power to decide the case
What did Marshall say could not be changed in his Marbury decision?
Franklin Roosevelt's court-packing plan would have allowed him to name a new justice for what?
Every incumbent justice older than 70
Why did the SC declare a Congressional law about carrying a gun near a school invalid?
Did not affect interstate commerce
Which court(s) are mandated by the Constitution?
Supreme Court only
What does the Constitution have to say about the size of the SC?
Does not indicate how large it should be
Which courts exercise the judicial powers found in Article III of the Constitution?
What is a basic difference btwn constitutional courts and legislative courts?
Constitutional courts can't be fired
How many district courts are there?
What type of courts are established in the federal judiciary for some special purpose and are staffed by people who have fixed terms of office and can have their salaries reduced?
The Court of Military Appeals is an example of a what?
What factors play into a judge's decision (4)?
1. The facts of the case
2. Prior rulings by other courts
3. The arguments presented by lawyers
What do the behaviors of Justices Holmes, Burger, and Blackmun suggest?
Presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees
Senatorial courtesy is an especially important consideration in nominations to what?
It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of what?
Who do presidents usually appoint to federal courts?
Judges whose political views reflect their own
The litmus test can be thought of as a test for what?
Who complains about the litmus testing of judicial candidates?
Those out of power
Percentage of nominees to federal courts who have been confirmed by the Senate has.....
What is the main question asked judges on the litmus test?
The litmus test is perhaps of greatest importance in nominations to what?
The Supreme Court
What does the dual-court system of the US refer to?
Federal and state courts
What is a diversity case?
One involving citizens of different states
Citizen X robs a state bank that is insured by the federal government. Where can he be prosecuted?
In a federal or state court, or both
The litigation involving four police officers accused of beating Rodney King illustrates what fact?
Some defendants are tried in both state and federal courts
The majority of cases heard by federal courts begin where?
How many justices are need for the SC to hear a case?
What 4 factors increase the odds the SC will hear a case?
1. Two or more fed. courts of appeals have decided the same issues in different ways
2. Highest court in a state has held a federal law in violation of the Constitution
3. Highest court in a state has held a state law in violation of the Constitution
4. Highest court in a state has upheld a state law against a claim that it is in violation of the Constitution
About how many cases does the SC hear every year?
How did Clarence Gideon manage to have his case heard before the SC?
Filing as a pauper
What are the 2 common ways for a plaintiff to lower the costs of an appeal?
1. Filing as a pauper
2. Finding an interest group to support the case
Which organization has been influential in getting 1st amendment cases appealed to the Supreme Court?
American Civil Liberties Union (ACLU)
What is fee shifting?
Getting the loser to pay court costs
When a citizen sues and wins a suit against a government official for withholding a benefit to which that citizen is entitled, what type of suit is that?
Section 1983 suit
Christoper sues his buddy Jack in hopes that Jack will win, because he wants to prove Jack is right. The case is not likely to be entertained because...
There is no real controversy
What type of opinions do courts not issue?
Taxpayer X believes that the federal Endangered Species Act is unconstitutional. Before his case can be heard on its merits, he will have to show what?
He has suffered personal harm as a result of enforcement of the act
What does the doctrine of sovereign immunity say?
A citizen cannot sue the government w/out its consent
If the president causes thousands of dollars' worth of damage to your prize roses can you sue the government?
yes but only if the government gives its consent
The Supreme Court ruled against a taxpayer who brought suit to force the CIA to do what?
Make its budget public
What is Brown v. Board of Ed an example of?
Why did class action suits become more common after the 1960s?
Became financially attractive to lawyers
What is does getting into court depend on the most?
Standing and resources
In a SC case, where is the bulk of the argument found?
How long are the oral arguments in the SC?
30 min for each side
What does Amicus curiae mean?
friend of the court
What happens if a vote by the Supreme Court results in a tie?
Lower federal court ruling stands
What type of opinion is usually brief and unsigned?
What is a concurring opinion?
When a justice votes in the majority but does not agree w/ the reasons in the majority opinion
Is a mandatory opinion a written one?
About how many laws has the SC declared unconstitutional?
Well in excess of 100
What does Stare Decisis mean?
Let the decision stand
When a federal judge orders the reorganization of a state prison system in a case brought by a single convict, the judge is issuing what?
A policymaking remedy
The fastest-growing portion of the federal courts' civil workload involves what?
The fact that prayer continues in some public schools, even though the SC has declared it unconstitutional, is an example of what?
Lack of effective enforcement by the Court
One restraint under which the federal courts operate is what?
Their decisions can be ignored
The 13, 14, and 15 amendment overturned what?
Dred Scott v. Sandford
What is one practicable way Congress can get around an unfavorable SC ruling on a law?
Remove the judges who voted against the law