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46 Cards in this Set
- Front
- Back
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What is a writ of certiorari?
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a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
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What is the ‘Rule of 4’
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To pass a granting cert by having 4 members agree
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What is an amicus brief?
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A person who isn’t part of the case provides information that helps with the case
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Who is the most frequent filer of amicus briefs
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Solicit General
Interest Groups |
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What does stare decisis mean?
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A legal principle which dictates that courts cannot disregard the standard.
The court must uphold prior decisions. |
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Be able to identify the different types of opinions that come from a decision
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Majority Opinion
Agree on what and how its decided Concurring Opinion Agrees with outcome. But may or may not agree with legal reasoning. Plurality Majority agree on outcome but not legal reasoning Creates Murkiness in law Dissenting Doesn’t agree on outcome or legal reasoning. |
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How does Texas choose its judges? What are some of the problems associated with the way Texas chooses its judges?
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Partisan:
run by party Problems: Voting by name recognition Least Problem Straight ticket Voting Campaign Contributions Biggest problem |
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What is the process in selecting judges for the federal court system?
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Missouri Plan:
Merit Based President Nominates, Senate Confirms (By Majority rule of the senate) |
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What are some of the characteristics that a president may take into account when nominating someone for the Supreme Court?
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Party – President nominates judges with their party affiliation
Age – President will select judges that are younger and younger (there for life) Acceptability – Honey moon phase, allows president to appoint judges that otherwise might not get appointed Minority status – appointing people like women, Hispanic, or black to help with votes Legal qualifications – Elite of elite law schools |
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What is judicial review?
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The power of the courts to declare actions of the legislature and executive branches invalid or unconstitutional
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How may a Supreme Court justice be removed from office? Has this ever occurred?
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Impeaching Members of the court – 2/3 House 3/5 senate
1. Samuel Chase impeached but not convicted so left in office 2. Alcee Hasting – Impeached and convicted for taking bribes |
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What are some instances when the Court has faced challenges to its authority? Does this happen very often?
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Franklin D. Roosevelt and new deal with court packing plan.
Desegregation Prayer in school Andrew Jackson No it does not happen often |
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What is judicial activism? Judicial restraint? Originalism?
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Judicial Activism:
Passages of the constitution should be viewed as vital, living principles that change over time. Constitution should be for their time not how it use to be Judicial Restraint/ Strict Constructionism Justices should be very careful not to place their own policy preferences above those of democratically elected legislatures Person who is clearly wrong should be overturned Originalism Do constitutions how framers did it |
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How was government under the Articles of Confederation structured? What does it mean to have a confederal system of government?
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Confederal
Power with states (Sovereign) Unicameral Congress (one House |
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How was the vote in the legislature apportioned under the Articles of Confederation?
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One State one vote
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How many votes did it take to get legislation passed under the Articles?
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9 out of 13
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What was the amendment process for the Articles?
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It took the an unanimous vote
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What was Shays’ Rebellion?
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When the economy was bad and Farmers couldn’t pay back loans to Merchants they got their farms taken away
So they marched to court houses to demand change First time it showed articles of confederation wasn’t working and had more regulation |
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What were the principle weaknesses under the Articles of Confederation?
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No Power to Tax
No Executive Power No way to assure law is executed (carry out) No judicial power No Power to Regulate Commerce between the States Very little Power to Regulate Economy States printed own money Had different treaties with states Have trade wars with other states |
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Why were farmers mad during the time of Shays’ Rebellion?
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Couldn’t pay back their loans
Farms taken away from bad economy |
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What was the role of the Confederation Congress in handling Shays’ Rebellion
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They brought in the federal Army to squash the rebellion
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What was the unique experience of Rhode Island as the call for a constitutional convention came about?
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They decided to print more money
Merchants didn’t want their money They set up creditors’ prison. And if they didn’t take the money they went to jail Creditors fled |
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What were the formal instructions given to the delegates at the constitutional convention
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Come up with the idea for a new constitution
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What was the New Jersey Plan? Virginia Plan? Connecticut Compromise? 3/5 Compromise?
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New Jersey Plan
One State one Vote Virginia Plan Base representation by population Small states didn’t like that 3/5 For every five slaves equals three votes Connecticut Compromise “Great” Have two houses of representation |
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Who wrote the Federalist Papers?
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James Madison, Alexander Hamilton, John Jay
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What were the motives of the Framers in casting the Constitution? For instance, why did the Framers, such as Madison, want to guard against faction?
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To have equal powers in all states and prevent faction (rebellion)
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What is gradual democratization? What were some of the steps of this gradual democratization
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Gradual Democrazation: is the transition to a more democratic political regime
Expansion of Suffrage Expansion of rights to vote Direct Election of Senators Presumed Direct Election of the President |
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Be able to identify when certain groups were granted suffrage. For instance, with which Amendment did African-American males gain the right to vote? Women?
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Property “less” white males- changes in state laws and state constitutions throughout early 1800s
African- American males- 15th Amendment (1870) Women- 19th Amendment (1920) African-Americans in the South- Voting rights Acts of 1965 Those over the age of 18- 26th Amendment (1971) |
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How many federal programs exist to fight poverty in the US? What is the cost of these programs?
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126
1.03 trillion a year |
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What are the rights contained in the First Amendment?
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Speech
Petition Religion Press Assembly |
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Where did the idea of a ‘wall of separation’ between church and state come from?
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Thomas Jefferson’s letter to the Danbury Baptist Church
Everson vs. Board of Education Can’t give raises to religious private schools Favoring religion Supreme court said prayer in school was unconstitutional |
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What is the Lemon test?
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Trying to see if something’s unconstitutional
The law must have a secular purpose The primary effect of the law must neither be to advance nor retard religion The government must never foster excessive entanglements between itself and religion |
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What does it mean to balance one’s sincere religious beliefs of an individual against state interests?
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Your personal beliefs can’t go against state interest
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What was the Religious Freedom Restoration Act?
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“City of Boerne v. Flores (1997) Wanted to make a bigger church but government said no
“Gonzales vs O Centro Espirito Etc. (2006) They wanted drink a hallucinate but it had an illegal substance in it so it was illegal. Compelling state interest |
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What does “no prior restraint” mean?
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Government can’t stop something from broadcasting unless it’s a security thing
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What is the difference between libel and slander?
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Libel: written
Slander: spoken |
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Has the 2nd Amendment been incorporated to the states?
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Yes, through McDonald vs. Chicago.
The 2nd amendment applied to everyone |
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4th Amendment
What is the exclusionary rule? Where was it developed? What are some exceptions to the exclusionary rule? |
Exclusionary rule – Warrant has to specify what they are looking for.
Exceptions – Hot pursuit, plain view, good faith, No unreasonable expectation of privacy of property Developed – Matt vs. Ohio |
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5th Amendment
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Miranda v. Arizona (1966)
5th Amendment, Self-incrimination, established the Miranda rights be read to you. |
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6th Amendment
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right to counsel
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8th Amendment
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cruel and unusual punishment
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Why might someone argue that there is gender discrimination with regards to the use of the death penalty?
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Women crimes aren’t habitual they do it once while Men tend to do it more than once
Not Planned out |
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What is the difference between civil rights and civil liberties?
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Civil liberties- rights a person has that the government can interfere and take away
Civil Rights-Obligations that the government has to protect citizens from illegal actions from the government |
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What does the 13th Amendment outlaw?
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Slavery
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Be able to identify and understand the meaning of the different clauses of the 14th Amendment
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Citizen ship when you’re born there, and you have the same rights no matter what state you’re in
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15th Amendment
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African Americans can vote
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