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35 Cards in this Set

  • Front
  • Back
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Intent of courts

Defend judicial construction


Interpret the law


Secure Inindividual rights

Supreme Court

The Judiciary

Protected against the will of the majority


Weakest branch


Cannot become independent

Article III

Power vested in one court

Judicial review

The right if the court to declare all laws null and void if they violate the Constitution

Lower courts

Federal courts can declare rulings of state courts as well as laws of Congress and state legislations unconstitutional

Marbury v. Madison (1803)

The Supreme Court announced for the first time the principle that a court may declare an act of Congress void if it is inconsistent with the Constitution.

Validates Judicial review & Rights of Lower courts

Judicial Review Today

1. Texual manner


2. Original intent


3. Normative interpretation

Textual manner

Whats actually written

The Constitution

Original intent

What the founders meant

Traditional thinking

Normative interpretation

Justices' values

Modern thinking

Supremacy clause

The Constitution is the supreme law of the land

3 types of opinions

1. Majority (Holding)


2. Concurring


3. Dissenting

What determines whether a case goes to federal or state courts?

1. Federal jurisdiction


2. Appeals to federal court

Plea bargain

An agreement in a criminal case between prosecutor and defendant whereby the defendant agrees to plead guilty in return for concession.

Due process

State must respect all rights that are owed to a person

Bureaucracy

Structure of business with sub-categories that have specific responsibilities and work within a hierarchy of authority

Why do we have bureaucracies?

To organize government and enforce laws

Civil rights

Whos being affected

Civil liberties

Whats being affected

13th Amendment

Declared that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

Slavery

14th Amendment

Granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.

Slaves

15th Amendment

Granted African American men the right to vote by declaring that the "right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Voting

Plessy v. Ferguson

Upheld the constitutionality of segregation under the “separate but equal” doctrine

Board v. BoE Topeka, KS

The Court unanimously ruled that "separate but equal" public schools for blacks and whites were unconstitutional

19th Amendment

Guarantees all American women the right to vote

Women

Gay/Lesbian Intrests

Marriage rights


Adoption, education, employment

Rebecca Felton

First female senator


Served one day


Oldesr senator in u.s.

26th Amendment

Gave citizens 18 years and older the right to vote

1 Party System

The existing practices or balance of political power effectively prevent the opposition from winning the elections.

2 party system

Party system where two major political parties dominate politics within a government

GA Executive

Serves 4 years


Age: >30 yrs


GA resident for 6 yrs


U.S. citizen for 15 yrs

Governor

GA Legistature

Bicameral


Age: >25 yrs


Lived in GA 2 yrs


Lived un distric for 1


Elected from single member districts

House & Senate

GA Supreme Court

Elected to 6 yr term


Must practice law for 7 yrs

Leah Sears

Black female notable for being 1st, youngest and only black female to serve as Superior Court Justice

Tinker v. Des Moines

Supreme Court ruled in a 7-2 decision in favor of the students. The high court agreed that students' free rights should be protected and said, "Students don't shed their constitutional rights at the school house gates

Mary Beth Tinker and 4 students wearing black armbands to school in orotest if Vietnam war.