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29 Cards in this Set

  • Front
  • Back
What is the purpose of the judicial branch?
The Judicial Branch interprets the Constitution. The Judicial Branch declares laws from the Executive and Legislative Branches constitutional or unconstitutional. – Checks and Balances.
Explain the purpose of the Judiciary Act of 1789
The Judiciary Act of 1789 made lower courts, such as district courts for not as serious crimes.
What is the name of the highest court in the land?
The supream court
How long is the term of office for Supreme Court judge?
For life
What kinds of cases are decided in federal courts? (List four)!
Cases that require an interpretation of the Constitution. Cases involving the United States, a state, or its citizens. Cases involving federal laws and treaties. Cases that concern a citizen of a foreign nation
The Constitution gives a very specific definition for the crime of treason. What is that definition?
“Treason against the United States, shall consist only in levying War against them, or in adhering to their enemies, giving them Aid and Comfort”
No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or confession in open Court.
What is the minimum number of witnesses that must come forward to convict a person of treason?
Define “Corruption of Blood”.
The corruption of blood is punishing the family of a person who has committed treason. It is expressly forbidden by the constitution.
What is the job of the judicial branch?
interprets laws
How many justices on the court?
9 members
Why the odd numbers?
supream court cases are final! The decision can never result in a tie.
Chief justice.
presides over the other 8 members. He does vote. Delivers the oath of office for president bush’s inaugration
13th amendment and the date.
It abolished slavery
December 18, 1865
14th amendment.
no state shall deprive any person of life liberty or property with due prosses of the law
15th amendment.
The 15th amendment gave African Americans males the right vote. ( White males already can vote)
Dred scott – 1857 – history
Dred Scott was legally free. Dr. Emerson died in 1846. Scott sued for his freedom, claiming that beacus he had lived in territories/sates where slavery was illegal.
A st. Louis country court accepted Scott’s postion, but the Missouri supream court overruled this discion and remaned Scott, his wife, and their child to slavery. On appeal, the case finally went to the united sates supream court.
Dred scott - 1857 - court final ruling
The supream court declared that scott had no legal right to sue because he was no citizen of the united states. Free or slave, the constiution did not consider African Americans citizens. Scott had never ceased to be a slave and therefore was not a citizen, but property of his owner.
Dred scott - 1857 - future impact on american history
Because slaves were property, and preoperty was protected by the 5th amendement in the bill of rights, congress had no legal authority to deprove citizrens of there property, including slaves, anywere within the US. The ruling declared the northwest ordinance of 1787 and Missouri compromise of 1820 unconstitutional.
What are the Jim crow laws
laws that legalize the seperatation of the races in southern public facillties. These laws kept African Americans from enjoying the same services and rights as whites.
Plessy v. Fergison - history
In 1896 the Supreme Court heard about the case of Plessey v. Ferguson. Homer A. Plessey was a African American from Louisiana and he was arrested for taking a seat on a railroad car reserved by the Louisiana law for whites. Soon all African Americans could not stay in hotels, used by white guests. His attorneys argued that his arrest was unconstitutional
Plessy v. fergison - ruling
The court ruled against Plessy because the railroad provided separate but equally good cars for Black passengers.
plessy v. fergison - related
In 1883, the supream court ruled that the 14th amendment protected citizens from discrimination by state governments but not private individualds
The ruling aloud private companies, like railroads, to practice segregation
Brown v. Board of Education – 1954 - history
In 1954 the supreme court heard a case by Oliver brown. Oliver tried to enroll his daughter Linda in an all white school in Topeka Kansas.
Brown v. board - ruling.
Brown used evidence that African American students had low self – esteem. In may 1954 the court rulled that this was unconstutional. Oliver had won,
Brown v. board - future impact.
Oliver Brown had given African American children and students to be able to attend schools for white’s only. Now African American students can go to a better and more educating school. If Oliver hadn’t won we don’t know if African American students would be able to go to good school’s and get a proper education
Miranda v. arizona - 1966 - history / ruling.
Eernesto Miranda was arrested as a suspect in a kidnapping and rape case. For 2 hours, police officers questioned Miranda about the attack. He was not told that a suspect has the right to remain silent when being questioned. He was not aloud to call a lawyer. In time, Ernesto Miranda confessed to the crimes and signed a statement that described the detailed attack. The court ruled that it violated. The court ruled that because these constituional rights had been denied in Mirandas case, his confession could not be used against him.
Miranda v. arizona - 1966 - Future Impact on American history.
The court stressed to law enfororcment agencies what must be explained to each person acused of a crim”
1. You have a right to remain silent
2. a right to a lawyer
3. if you cant afford one the court has to give you one
Today, it is standard police practice to read the “Mirand Warnings” to a suspect at the time of arrest
Gideon v wainwrite - 1963 - history/ruling.
Gidon was charged for breaking and entering in florida. He asked the court for a lawyer and they told him that they would not give him one. But in the 6th and 14th amendment it says that you get a aterny that law is responisible to give you one. He was sentenced to five years in state prison. The judge wount give him one claiming the right to legal councel did not applie to sate criminal charges.Sent a hand written potition to the supream sourt.
In a unanimouse vote the court sad that Gideon had the right to an attorney.
The court found that the 6th amendment garuentied of council was a fair trial. The court stated that Mr.Gido\eon had the right to a lawyer because of the 14th amendments rule ording states to protect each indivuals rights to due process of the law.
Gdeon v. wainwright - 1963 - Future impact on american history.
Everyone gets a lawyer if the don’t have one. They are garentied a lawyer regardless income. Guarentied due prosses of the law