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Politics of the United States
Terms in this set (59)
Supreme Court is like an
umpire in baseball
supreme courts two jobs
rule unconstitutional or interpret laws
let the decision stand
a previous action to be used as a guide or example
Supreme Court tries to use
example of overturning precedent
brown v board of education overturning plessy v Ferguson
length of judicial appointment
McColloch v. Maryland
Federal law has supremacy over state laws
Marbury v. Madison
Supreme Court does not have congressional power
Baker v. Carr
federal courts have the power to decide redistricting issues
Shaw v. Reno
NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
Supreme Court has what power over executive and legislative
how can legislative check the supreme court
legislative branch can try to revise laws that changes judicial interpretation
how can executive check the supreme court
executive can ignore judicial decisions
Example of the executive branch trying to change judicial decisions
FDR. "Court packing plan" not passed but made judicial branch more friendly and considerate towards his propositions.
Minor v Happersett
voting is not a privilege for women (overruled later by 14th amendment)
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Gave women the right to vote
Supreme Court often makes decisions off of what amendment
14th amendment. Equal protection clause.
Examples of States trying to get around Judicial rulings
1. Southern Manifesto
2. Little Rock 9
3. University of Alabama
How do other branches check the judicial branch?
Executive: appoints judges
Senate: Confirms appointment
An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
example of judicial activism
Roe v wade (abortion) / any landmark cases
a theory of judicial interpretation that encourages judges to limit the exercise of their own power
example of judicial restraint
Gibbons v. Ogden (went off only congress has power to regulate interstate commerce)
Baker v Carr
One man, one vote
Increased politicization on the supreme court theory
"Elect me so I can elect judges with my views"
A plaintiff cannot bring suit unless he or she has fulfilled what?
Established standing to sue (proof that person has legitimate reason to sue)
One who begins a lawsuit
Which of the following statements are true about the cases on the Supreme court docket?
Supreme Court justices hear and chose cases
Very view cases are heard
Cases pertaining to civil liberties are heard first
court of appeal focus their attention on which aspect of a case?
The procedures and interpretation of the law in the original case
congress influences the ideology of the supreme court by
approving or rejecting the president's nomination of justices
what accurately describes the federal court system?
- very few cases actually go to trial
- all federal judges must be nominated by president and confirmed by senate
- lower courts must adhere to precedents set by higher courts
- some fed courts have jurisdiction whereas others have appellate jurisdiction
the authority to hear cases for the first time
Authority of court to review a decision of a lower court or administrative agency.
what is the final step in the supreme court's decision-making process?
writing and developing the opinion
Steps in Supreme Court Case
Briefs submitted, oral arguments, discussion from judges, vote, a written opinion
what is the most frequent outcome of a case on the supreme court's docket?
It usually agrees with the decision of the lower court -- State decisis
"let the decision stand"
The decision of a federal court is most likely determined by
precedents set in similar cases
Interest groups become involved in the federal judicial process by
- lobbying the judiciary committee about nominee
- filing amicus curiae
- having their lawyer represent a plaintiff
- filing a class action suit
a brief submitted by a "friend of the court"
The warren court had the greatest impact on which area of policy
the chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism
an individual or group being sued or charged with a crime
parties involved in a lawsuit
ability to declare a legislative act or an executive branch action void
strengthened national powers
Judicial review and how Marbury v. Madison relates.
Allows judicial branch to declare any law unconstitutional
How many justices are on the Supreme Court?
protected and extended individual liberties
Federalist 78 (Hamilton)
only mentions supreme court
Judiciary Act of 1789
A law passed by the first Congress to establish the federal court system. (District, Regional, Supreme)
a defendant's admission of guilt in exchange for a less severe punishment
wrongful acts for which an injured party has the right to sue
class action suit
a large group of plaintiffs claim common damage by one party
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
agree with majority
vote against majority
Recommended textbook explanations
Magruder's American Government
United States Government: Our Democracy
Donald A. Ritchie, Richard C. Remy
United States Government: Principles in Practice (Florida)
Luis Ricardo Fraga
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