Poy Sci Exam 2 Ch. 7 The American Judiciary

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Article II of the U.S. Constitution

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creates the executive branch of the government, consisting of the President, the Vice President, and other executive officers chosen by the President.

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Boy Scouts v. Dale

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U.S. Supreme Court found that the Boy Scouts, as a private organization, have the right to kick members out of their organization because of their sexual orientation.

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Griswold v. Connecticut case.

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Supreme Court first recognized our right to privacy

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selective incorporation

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process the Supreme Court uses to extend the Bill of Rights into the states

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Federalist Paper No. 78

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Alexander Hamilton asserts that the Judiciary is the east dangerous branch of government

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The power of the imperial presidency

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Supreme Court's power to declare legislative and presidential acts unconstitutional

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Judicial philosophy under which judges apply the precedent from previous cases into their decision making is referred to as logical reasoning

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stare decisis

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The double jeopardy provision can be found in the U.S. Constitution's Fifth Amendment. What does the double jeopardy provision prohibit the federal government from doing?

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Charging the same person twice for the same crime

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What type of law was declared unconstitutional in Lawrence v. Texas?

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Sodomy Law

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Marbury v. Madison

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Supreme Court case in 1803: Court's willingness to strike down federal law as unconstitutional, thus establishing the Court's power of judicial review

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Which constitutional clause was used in the Gibbons v. Ogden case and also used in the modern era by the federal government to establish the federal government's authority to enforce the Civil Rights Act and Americans with Disabilities Act?

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Interstate commerce clause

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Thirteenth Amendment

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banned slavery

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Those who believe that the Court should consider the impact of decisions on society and be involved in helping to make public policy from the bench typically follow which approach to judicial decision making?

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Judicial activism

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The Citizens United v. FEC case was controversial because of the impact the decision might have on future national elections. What political issue did this case address?

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The extent to which corporations and unions can contribute to federal elections

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Judiciary Act of 1789

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1)established the U.S. federal judiciary.
2)created the Supreme Court and gave Congress the power to establish inferior courts

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Federalist Paper 78

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Alexander Hamilton asserted that the judiciary is the least dangerous brach because:
1) it lacks presidential sword
2) lacks congressional purse

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State rights advocates believe:

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state courts should play dominate role by serving original jurisdiction ( courts that hear cases for the first time) and the national Supreme Court should have only appellate jurisdiction ( courts that hear cases on appeal from lower court)

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Structure of Modern Federal Court:

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1) 94 district courts
2) 12 regional courts
3) one supreme cout

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US Supreme Court

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1) 9 Justices
2) cases arrive from STATE SUPREME court or the FEDERAL COURT OF APPEALS
3) US supreme court will only hear a case from a state court if a FEDERAL ISSUE is involved

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Power of Judicial Review

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established in Marbury vs. Madison (1803)
=power to strike laws that violate US constitution
states have veto law over federal law

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Marbury vs. Madison

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affirmed the Supreme Court's right of judicial review and set a precedent for future cases.
Judicial review is the power of the Court to evaluate challenged legislation to determine its constitutionality, and to nullify any laws they find unconstitutional.

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Dred Scott vs. Standford 1857

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United States Supreme Court declared that all blacks -- slaves as well as free -- were not and could never become citizens of the United States. The court also declared the 1820 Missouri Compromise unconstitutional, thus permiting slavery in all of the country's territories.

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Incorporation of the Bill of Rights into the states

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Post civil war amendments:
Bill 13=abolition of slavery
Bill 14= right of due process law and equal privileges and immunities
Bill 15= illegal to dent voting rights on the basis of race

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Separate but Equal

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"Separate but Equal" was the notion that blacks and whites should use separate facilities, but that each of those facilities would remain "equal" in quality. This idea allowed segregation - or, the institutionalized separation of black and white people - to persist until the Civil Rights movement of the 1950's-1960's.

evoked brown vs. board of education

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Brown vs. board of education

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Decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students and denying black children equal educational opportunities unconstitutional.

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Plessy v. Ferguson

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1896 supreme court rules separate but equal

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Judicial Activism vs. Judicial restraint

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Judicial activism= advocates that judges should reach beyond the Constitution to achieve results that are consistent with contemporary conditions and values. associated with (modern) liberalism

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional

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US Supreme Court struck down the line-item as unconstitutional in this 1998 Supreme court case:

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Clinton vs. City of New York

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Alexander Hamilton believed that an individual executive was preferable to an executive council because branch requires energy to repeal foreign attacks, protect private property, oversee administration laws in which Federalist Paper?

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70

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11th amendment

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overturned chisholm vs. georgia
federal courts are prohibited from hearing cases when a resident brings a suit against a state

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writ of mandamus

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authorizes the court to order public officials to preform a particular act

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selective incorporation

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many of the bill of rights nationalized into the states

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loving vs virginia

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prevented interracial marriages