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Judicial Branch Pt 1

Terms in this set (24)

Prior Restraint
Judicial suppression of speech on the grounds that it is harmful or libelous.
Lemon
Derived from Lemon v Kurzman 1971 Supreme Court ruling to determine whether a law constitutes an establishment of religion. The "blank" test. In this case, religious schools receiving taxpayer funds.
Rule of Four
Of the thousands of cases appealed to the Supreme Court, only those agreed to by at least four of the Justices will be heard at trial.
Strict Scrutiny
In US constitutional law, when a court finds that a law infringes a fundamental constitutional right, it may apply the (blank blank) standard to nevertheless hold the law or policy constitutionally valid if the government can demonstrate in court that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve the compelling purpose, and uses the "least restrictive means" to achieve the purpose. Failure to show these conditions may result in a judge striking down a law as unconstitutional.
Politics
No cameras, lifetime appointments, no meetings with lobbyists, - it appears as though the Supreme Court is shielded from "blank".
ADA
The law applied portions of the 1964 Civil Rights Act to the handicapped, resulting in lawsuits and institutional expenditures to increase (only the acronym) access for the disabled
Fourteenth
Amendment that is the most important in selective incorporation due to the equal protection and due process clauses.
Brown
In 1954, "blank" overturned Plessey. An example of a long-standing precedent being overturned. (blank) v Board of Education of Topeka
Danger
The Supreme Court ruled that free speech can be banned if there is a clear and present (blank) - see Schenk v US 1919
Jim Crow
Southern statutes passed around the turn of the twentieth century setting up a rigid racial-caste system. - "blank blank" laws
Activism
When judges use their power to interpret the law based on the idea that the constitution changes over time, that judges have the power to strike down laws (instead of deferring to Congress), and this is sometimes called "legislating from the bench" (e.g. Roe v Wade, Brown v Board). Judicial (blank)
Desegregation
Brown v Board of Education led to (blank) in schools, though not exactly rapidly in the South
Affirmative Action
Admission or hiring policies that favor members of a protected group; (see Regents of the University of California v Bakke) is known as ...
Free Exercise
Clause in the first amendment forbidding Congress from restricting religious practices (as long as they are legal). Used in Wisconsin v Yoder 1972 - Amish and public schools
Restraint
In general, judicial (blank) is the concept of a judge not injecting his or her own preferences into legal proceedings and rulings ... Judges are said to exercise judicial (blank) if they are hesitant to strike down laws that are not obviously unconstitutional.
Equal Rights
Proposed constitutional amendment that promised women equal rights; never ratified - the "blank blank" AMENDMENT
Title IX
A provision in a 1972 education law that prohibits sex discrimination in educational institutions that receive federal funds. It notably led to an increase in women's sports.
Exclusionary
Courtroom ban on evidence obtained improperly (see Mapp v Ohio) the "blank" rule
Litmus Test
When choosing a Justice, the President, or voters, may require that a certain view on an issue (e.g. Roe v Wade was wrongly decided - thus abortion is not a protected right)
Yes
Can a corporation, union, or interest group spend as much as they want on political advertising?
Precedent
Prior body of law that must govern a court's decision in a particular case.
Establishment
Clause in the first amendment forbidding the creation of/or favoring one religion. Used Engel v Vitale 1962 (school sponsored prayer)
Amicus
"Friend of the Court" Brief, when one not involved in the case offers a statement in favor of one side - "blank" CURIAE
Review
The power of a court to strike down laws as unconstitutional (see Marbury v Madison) - judicial (blank)
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