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47 Cards in this Set
- Front
- Back
judicial review
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the power of judiciary to interpret and overturn actions taken by the legislative and executive branches of govt.
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Chief Justice
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The presiding member of the Supreme Court wh serves as chair of the conference and selects the justice who will write the majority opinion of the court
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ESTABLISHES JUDICIAL REVIEW
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Marbury vs. Madison
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Act of 1789
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Act declared unconstitutional --> Judicial review established
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McCulloch vs. Maryland
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2nd bank of the US
Implied Congress Powers Federal govt supreme within its sphere of power |
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Invalidated the Missouri Compromise
Expanded Judicial power |
Dred Scott v. Sandford
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john Roberts
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chief justice of supreme court
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BAKER V CARR
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redistricitng issues, allowed federal court to intervene
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brown v board of education
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seperated public schools for black and white is unconstitutional
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pentagon papers
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news papers could publish pentagon documents
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civil liberties
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Individual rights that the government is obliged to protect , normally by standing back and not interfering
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barron v baltimore
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bill of rights applied at state level
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incorporation process
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14th amendment: nor shall any state deprive any person of life, liberty or property, without due process of law
applies civil liberties protections |
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near v minnesota
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freedom of press
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freedom of speech
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in almost all cases prior restraint is unconstitutional
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new york times v usa
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pentagon papers
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federal court system is
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weakest
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judicial is in article
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3
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purpose is to interpret laws
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passed by congress
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federal levels of court system
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bottom is district
then pellets supreme |
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what circuit is alabama
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11
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special cases in which they go immediately to supreme court
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borders
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special courts
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bankruptcy
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3 kinds of opinions
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majortiy- main argument
concurring- descanting- losers |
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how many justices to grant writ of cert
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4, rule of 4
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writ of cert is when supreme court is
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going to hear your case
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total supreme court justices at any one time
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9
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internal limits
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limits court sets on itself
-actual case, controversy must be heard -refrains from deciding cases on constitutional grounds -abstains from political question |
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external llimits
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set by constitution
-congress can set when and how often the court meets -congress established the number of justices -senate approves nomination -court depends on other brances to enforce its decisions |
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civil rights
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Guarantees of equal opportunities, privileges, and treatment under the law that allows individuals to participate fully and equally in American Society
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in constitution what article is slavery in
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none of them
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defacto
dejure |
the way it is
by law |
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which supreme court case made segregation illegal
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plessy v ferguson
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lemon v kurtzman
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determines whether a govt action is permissible
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Sherbet v Verner
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free exercise clause of the first amendment.
job and religion |
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thurgood marshall
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first black supreme justice
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equal rights
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never passed
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marbary v madison
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establishes judial review
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act of 1789
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declared unconstituitonal, then judicial review was established
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dredd scott v sandford
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african desent brought in as slaves were not protected by the constitutions and not citizens
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Civil Rights
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Guarantees of equal opportunities, privileges, and treatment under the law that allows individuals to participate fully and equally in American Society
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Civil Liberties
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Individual rights that the government is obliged to protect , normally by standing back and not interfering
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incorporation extends bill of rights from
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federal govt to state govt
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FDR
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executive order: Presidential proclamation with the force of law that does not require congressional approval
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harry truman
executive orders 9980, 9981 |
Fair employment board, "equality of treatment and opportunity" in the military
Made the US military the first desegregated US institution |
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Chief Justice Earl Warren-during the thurgood marshall, brown case
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the doctrine of 'separate but equal' has no place in public education. Separated educational facilities are inherently unequal."
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equal rights amendment does not
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exist in constitution
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