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34 Cards in this Set
- Front
- Back
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Judiciary, how many justices? What are the 3 court levels? |
Supreme Court judges- 9 3 court levels- district court Court of appeals Us Supreme Court |
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Senatorial courtesy |
If a senator objects to a judge covering their state they’r state they have a say the president will consult with the senator before nomination as a courtesy |
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Judicial review |
Power taken soon itself by the Supreme Court, can declare any acts of the president unconstitutional. They can get rid of a legislation by voting. It came from - during the virgin plan the council of revision was created this was a group of Supreme Court justices, senators, representatives, presidential appointees... to review acts of congress and the president. This wasn’t passed because we don’t need a higher committee so Supreme Court took it on. |
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Marbury v Madison |
Jefferson and the Democrats were elected, leaving Adams and the republicans as a Lane duck. Adams signed an act doubling the amount of court jobs for the federalists. Midnight Judges - last of about 57 judges added, the paperwork was still in process when Jefferson took office and he demanded it stops. Marbury- a midnight judge sued Madison - Secretary of State. Writ of mamandes - power of the Supreme Court to demand papers. John Marshall- originally Adams Secretary of State, now Chris justice. If he rules in marburys favor everyone will say he supporting his party. If he rules in Madison’s favor, his own appointment will be illegal Rule: The Judiciary Act / demanding papers- unconstitutional Created judicial review |
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Mr Dooly “da Supreme Court follows the election returns” |
1) as years go by, Americans attitude change and they elect diff congressman and what was once acceptable is no longer 2) judges themselves change because the American people change |
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Judicial procedures reform bill |
Franklin D Roosevelt did this in response to the Great Depression. It included social security, work programs , bank insurance, and stock market regulation The Supreme Court rules this unconstitutional because they’re all over 70 and learnt differently.. court packing scheme - any judge over 70 not retired can add another judge. Supreme Court ruled this out- showed the power of sc over president |
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Dred Scott |
He was a slave and ran Emersons business. After Emerson died he wanted to buy him and his family’s freedom. Missouri Compromise - any states that join the union north of the mason dixon line automatically become free states. This overturned Missouri compromise Southerners argued that blacks can’t become slaves because their subhuman. The Supreme Court ruled, blacks don’t have rights in the country. Therefore they aren’t a citizen and can’t sue in federal courts. |
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Plessy vs Ferguson 1897 |
After the civil war the 14th amendment applied to blacks. Giving them rights. South tried to oppress them with Jim Crow Laws - segregation laws Homer plessy- 1/8 black buys ticket in first class. Supreme Court ruled 8-1 that separate but equal is constitutional |
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Brown v board of education |
Linda brown, daughter to Oliver brown was rejected from white school closer to home. Dolls experiment- done by Kenneth Clark black dolls were “bad” even by black kids Supreme Court ruled unanimously 8-0 for no more segregation in public schools. because of the negative effect on children. Considered Unconstitutional (14th amendment) |
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Bakke |
Affirmative Action - allowing race to be one of the several factors in college admission policy However specific ration quotas (ex 16 out of 100 seats) set aside for a race isn’t allowed. Background: Bakke applies to college in CA and gets rejected twice - not top 84 General- not minority or economically depressed Special- minority and economically depressed. Out of 100 students 84 general and 16 special however he was top 16.. SC ruled that must get rid of quota and admit bakke. 5-4 SC rules that can’t have quota solely based on race, but it can be taken into account Strict scrutiny- looking at race must be a compelling state interest (most stringent standard of judicial review in US) |
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Religious establishment clause |
Government won’t establish a religion, or interfere with the free exceeding of religion |
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Lemon bs Kurtzman |
Pennsylvania - nonpublic elementary and secondary education act - reimbursed private schools for the salary of teachers who taught from public textbooks Lemon sues kurtzman - lemon established of the law that its unconstitutional to establish religion How do we determine what deserves funding? SC - Lemon test A) secular purpose, no religious purpose B) can’t advance or inhibit religion - done in a secular fashion C) can’t be excessive government entanglement- gov can’t be so involved Supreme Court ruled 8-1 that it’s unconstitutional |
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Lambs chappel |
Church wanted to rent out a room in public school and they were denied access because they were showing a film about family and child rearing issues Supreme Court ruled unconstitutional because of renting to anyone have to rent to everyone or else its discrimination Public facilities that is made available to any group is also Available to religious group. Provide to one provide to all |
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Hobby lobby |
Native Americans used drugs in religious ceremonies, taken from a rehab they worked in. They were filed for misconduct- Can a religious belief be misconduct? Hobby lobby is a arts and crafts store owned by religious Baptist’s. Was held against the affordable care act and had to give employees health insurance which provided 4 contraceptives which was against their beliefs. - they said that you cannot impose the contraceptives onto their implodes because they don’t believe in it! Sc- 5-4 in favor of hobby lobby bec it was a family owned company and can implement their beliefs into employees. - a private owned company still has rights of religious freedom. Privacy. And right not to provide things it doesn’t want to |
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Citizens united |
Sc voted 5/4 that let corporations to hold religious beliefs/ freedom of speech. Let’s a lot of money to be used in campaigns They have the right to unlimited spending money and freedom of speech in campaigns |
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Gideon v wainwright |
Clarence Gideon - broke into a pool hall in Florida. He was denied a lawyer because it wasn’t capital crime and so he went to jail. He spent time in library reads about 6th amendment - everyone entitled to due process. Goes to SC and they unanimously vote in favor of Gideon- EVERYONE has right to a lawyer under 6th amendment. |
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Miranda |
Accused of kidnap and rape and fessed to both = jail for 20-50 years He later said that he wasn’t advised of his rights and the conviction was overturned Miranda rights - rightsreas to you when arrested |
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Wickard vs filburn |
Family in Ohio called the wickards would bake and give out free food to the poor. People would pay others to get them food so they could resell it in front of nearby bakery’s. - even went to Pennsylvania. Owners of these bakery’s weren’t happy so went to federal gov and said federal safety/ child laws because no one is inspecting food at wickards and interstate commerce . Because wickards stuff was going over to the next star it was interstate commerce and the fed government can get involved in anything that effects interstate commerce even private charity work. |
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Line item veto |
Line item veto- cancel specific provisions of a bill President only has the power to sign or veto. Congress has more power to veto specific parts. Clinton asked for these powers. Senators sued and ruled that congress can’t compromise on own power and give them to president (Ask Shoshanah) |
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Kelo v city of new London |
Eminent domain - right of government to take land from a person for the greater good, paying a fair price. Government was taking a women’s house for a drug company. - opened many jobs. Liberals say- cannot force her to sell her house for a corporation! Supreme Court ruled that whatever they say is eminnat domain is ED and is for the greater good. |
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Griswold |
Contraceptives were illegal in Connecticut because their catholic. Griswold created a clinic to talk about contraceptive options to challenge the law and police cane and shut it down. He was fined put in jail and trialed in Connecticut where he lost. He went to the Supreme Court and said this is unconstitutional according to the 9th and 14th amendment. Zone of privacy- police were technically allowed to search peoples homes for contraceptives. Supreme Court ruled 7-2 in favor of Griswold bec of 9th amendment. - Any rights not exclusively listed doesn’t mean they don’t exist. Right to privacy!! Groundbreaking because first case in history of planned parenthood lead to acceptance of gay marriage |
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United States v Nixon |
Richard Nixon - pres was ordered to hand over tapes. Said no bec executive powers. SC unanimously said have to hand over limiting power of president by executive powers. |
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Roe v wade |
Under 14th amendment Fetus has no legal standing until it can live without the mother. Before 3 months- legal to abort because it can’t live alone and privacy. Last 3 months state can restrict unless harmful to the mom- viability of fetus. Threw out anti abortion laws in us - very polarized. |
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Swing justice |
Sandra day O’Connor was the swing vote. She can tip major cases in favor of democrats or republicans she stepped down to take care of her husband and Kennedy steps in. |
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Swing justice |
Sandra day O’Connor was the swing vote (in Casey and many other imp cases ) She can tip major cases in favor of democrats or republicans she stepped down to take care of her husband and Kennedy steps in. |
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Casey |
Pennsylvania passed Abortion control act of 1982 limiting abortions in many ways. 5 abortion clinics and physicians sue governed Casey using roe v wade. District court - unconstitutional Court of appeals - constitutional w spouses consent Supreme Court- abortion is allowed and undo the act in Pennsylvania. But did approve some limits. 5-4 |
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Bowers v Hardwick |
Sc said there’s no constitutional right for gay relationships. Background :Was considered a a mental illness. Laws said couldn’t have Serrano sex positions how and when people can have sex. Gay couple in Georgia - cops came and arrested them said no constitutional right to gay sex. |
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Lawrence v Texas |
Overturned bowers v hardwick. Supreme Court arrested a couple and fined for gay sex Sc ruled gay sex is legal. Not marriage. Defense of marriage act - states have the right to refuse other states decision to permit gay marriage |
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Windsor v us |
In deffense of marriage act spouse only applied to op sex. ???? |
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Obergfell v Hodges 2015 |
Supreme Court decision 5-4 gay marriage is legal |
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West bury v sanders |
Voting for state senators must also be one man one vote - census said to reapportion district lines to help make an equal vote. This required each state to draw its us congressional districts so they approximate equal in population. |
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Baker v carr |
Loved Memphis said not fair being deprived of my 14th amendment right to be represented. My vote worth less than someone else w fewer in district Sc - “one man one vote” for state assembly. Districts must be reapportioned to reflect population (Didn’t solve the population issue within districts) |
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Loving v Virginia |
Right to interracial marriage Racial integrity act- prohibited interacting marriage Loving was white |
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The constitution was amended __ Times the first ten are called __ |
27, bill of rights |
