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Judicial Checks and Balances
Terms in this set (10)
1) Judaical Review, interpret and apply laws
2) Chief justice of the supreme court presides over the impeachment trials for president
Judaical on Legislative
1) Judicial Review, interpret and apply laws
2) Judges are not subject to removal by the president.
Judicial on Executive
Latin: To be more fully informed, a form of jurisdiction
Higher court has authority to review a case.
Explain the court's power to issue Writs of Certionari
Latin: Friend of the court
Written essay to the court explaining an opinion or additional information.
1) permission of the court is obtained
2) the brief is submitted
Explain how the supreme court accepts Amicus Curiae briefs
1) Supreme court justices meet with a list of cases that were discussed
2) The rule of four, if four justices agree then the case must be heard
( courts will not hear a hypothetical case. There has to be an injury, wont hear any political questions )
Explain how the supreme court decides which cases to hear
1) Georgia said we are a sovereign state.
2) Was Georgia subject to the jurisdiction of the supreme court and federal government?
3) The conclusion 4-1 ruled with Georgia is under jurisdiction of the supreme court and federal government.
4) The federal government and supreme court state conduct was subject to judicial review.
Chisholm v. Georgia
1) Gibbons was given power to run the steamboat between New York and New Jersey. Inner state commerce.
2) Who could regulate inner state commerce?
3) Ruling, federal government is the only one who could regulate inner state commerce.
4) It validated the supremacy clause. When the federal and state law have conflict federal rule is followed
Gibbons v. Ogden
1) Homer plessy was 7/8 white and 1/8 black, in an all white train car. Asked to leave
2) Did segregation violate the equal protection of the 14th amendment?
3) 8-1 ruled in favor of segregation
4) separate but equal was okay.
Plessy v. Fergison
1) 4 cases together challenging segregation in schools
2) Is segregation in public schools a violation of the equal protection clause?
3) Ruling for brown
4) Paved the way for the civil rights act as schools as schools were intergrated
Brown v. Board
1) Allen Bakke applied for med school and was denied. 16 minorities were accepted with test scores lower than his. He sued for discrimination.
2) Was the college admonition policy in violation of the 14th amendment and equal protection clause?
3) They ruling for the civil rights part was for Bakke, for the 14th amendment they said discrimination can't be the only cause.
California v. Bakke
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