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190 Cards in this Set
- Front
- Back
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When was the beginning of the court?
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1789 - 1800
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When was the Marshall Court?
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1801 - 1835
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When Was the Taney Court?
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1836 - 1937
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When Was the New Deal Court?
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1937 - 1953
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When was the Warren Court?
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1953 - 1969
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When was the Republican Court?
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1969 - Present
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How political were appointments to the court in the beggining?
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Just as political as today, based on geography.
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How many cases did the court hear per year in the begginning?
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5
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How specific is Article 3 of the COnstitution w/ regards to its power and function
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It is extremely sketchy
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Is Judicial review mentioned in the Constitution?
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No.
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Does the Constitution state the courts relationship to other branches of fed govt or state courts?
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No
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Does the constitution mention who has final say about its meaning?
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No
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Why is Article 3 of the Constituion sketchy?
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1. No mention of judicial review
2. No definition of judicial power 3. No relationship advice 4. No say on final say |
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What does the Constitution give congress w/ regards to the court?
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Contol over the court and its appellate jurisdiction.
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Does congress have authroity over the Courts original jurisdiction?
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No, congress does not have control over the courts original jurisdiction.
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What 3 disputes defined the general popular will vs fundamental law argument?
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positive law vs moral law
majority will vs minority rights constitutionalism as americas civil religion |
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Which period contended with constitutionalism as americas civil religion?
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Beginning
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What were McCloskey's three great periods?
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1789-End Civil War
1865 - 1937 Revolution 1937 - Present |
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What area of law did most of the courts early rulings deal with?
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Admiralty cases. An area of fed law.
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What was Chrisholm v Georgia?
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Led to adoption of 11th A
Led to soverign state immunity States cant be sued for damages Revealed relative power of states |
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What is state sovereign immunity?
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Prohibits states from being sued for damages by a citizen of another state or country.
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Who was John Marshall Appointed by?
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John Adams (last federalist president)
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How did Marshall increase the power of the national govt relative to the states?
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by favoring the fed govt over states in legal disputes
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What was Marshalls effect on COurts power?
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Made it coequal to Congress and the PResidency
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What 3 major Marshall cases concerned Federal Judicial Power?
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Marbury v Madison
Fletch v Peck Martin v Hunters Lesse |
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What was Marbury v Madison?
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Established judicial review of federal law, via the 1789 Judiciary Act
(Marshall) |
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What was Fletcher v Peck?
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Established judicial review of state legislation
Reflected growing power (Marshall) |
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What was Martin v Hunters Lessee
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Established judicial review of state court decisions
(1816) |
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What 3 Major Marshall cases concerned Federal Legislative Power?
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McCulloch
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What was McCulloch v Maryland?
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Expansive interpretation of The Necessary and Property Clause
Prohibitted state taxation of fed govt |
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Gibbons v Ogden
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Expansive interpretation of the Commerce Clause
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Barron v Baltimore
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Bill of Rights restricts only the fed govt
BOR doesnt restrict states (5th) |
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Why was Taney appointed?
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Because he was a localist, he was intended to roll back the nationalist bias on the Court.
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Who was Taney appointed by?
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Andrew Jackson, ardent sectionalist
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Did the Taney Court overturn any marshall Court precedents?
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No
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Generally how did the Taney court rule?
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In favor of states rights more than Marshalls tenure.
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During which court was the issue of slavery brought to the forefront?
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Taney
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How had congress dealth with slavery?
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Through political deals and compromises.
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What was Strader v Graham?
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Court initially deferred to state law on the issue of slavery.
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What decision was termed the most disastarous opinion ever issued?
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Dred Scott v. Sandford
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Did the court eventually recover from Dred Scott v. Sandford
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Yes
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What was Dred Scott v. Sandford
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Denied US citizenship to blacks.
Denied that blacks had standing Invalidated MIssouri Compromise |
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What two Taney cases upheld police powers against the fed?
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Briscoe v Bank of KY
Cooley v Bd of Wardens |
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What was Briscoe v Bank of Ky?
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Upheld state authority to issue bank notes on banks own credit
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What was Cooley v Bd of Wardens?
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States may regulate interstate commerce so far as local peculiarities require it, until COngress chooses to regulate.
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What sort of background informed the Lassiez-faire court?
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Changes after the Civil War: Social, political and legal.
Age of corporations and capitalism. |
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How did the courts agenda shift during the Laissez faire era?
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Shifted from negotiating relationship btwn states and fed gov to negotiating btwn govt and business.
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What ammendemnts were ratified during the Laissez-faire court?
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13,14,15
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What battle marked the Laissez faire court?
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Congress passed regulations
Court scrutinized, interpreted powers narrowly |
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What did the Laissez-faire court do to the 10th ammendment?
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Construed the 10th ammendment broadly as a limit on fed regulatory power.
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How did the LF court treat individual rights?
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Court ruled that corps were persons and had rights
Protective of economic rights. No care for civil liberties. |
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How did the the LF view individual rights?
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Viewed them as primarily property and economic rights.
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Who benefited from LF court rulings?
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The Business community. But corporations also hired the best legal talent.
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Why did corporations go to the SC?
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Because their interests were outvoted in democratic forums. Much like civil rights groups.
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What major LF cases concerned the 14th Ammendment?
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Slaught House
Civil Rights Cases Plessy V Ferguson |
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What were the Slaughter-House cases?
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Emasculated the 14th ammendment. WOuldnt recover until 20th century
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What civil rights cases di LF deal with?
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14th A prohibited only state discrimination. Private discrimination ok.
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What was Plessy v Ferguson?
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EPC permitted seprate but equal facilities.
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What cases did the LF court take regarding economic regulation?
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US v EC Knight CO
Lochner v New York Hammer v Dagenhart |
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What was US v EC Knight?
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Court struck down fed law prohibiting monopolies
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What was Lochner v New York
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Court struck down state employment law for violating liberty of contract
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What was Hammer v Dahenhart?
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Stuck down fed child labor law.
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What court dealt with WWI Free case speeches?
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LF
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What 2 cases did the LF court deal with that concerned free speech?
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Shenck v US
Gitlow v New York |
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What was Shenck v US
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Fed espionage act upheld
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What was Gitlow v NY?
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Incorporated freedom of speech into 14th A,
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What did Gitlow v NY overturn?
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Barron v Baltimore
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Why did the court strike down New deal legislation?
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1) Unconstitutional delegation of power
2) Infringed on states rights (10 A) |
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What 2 cases made up the New deal confrontatioN?
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Schecter Pultry v US
US v Butler |
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What was Schecter Poultry Corp v US?
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Court struck down NIRA
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What was US v Butler?
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Court struck down AAA
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What changes occured after the New deal?
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Rise of modern regulatory state
US becomes a world Power Shift to civil liberties Doctrine of Incorporation |
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What did the Doctrine of Incorporation do?
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Brought the Bill of Rights to life.
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What did the New Deal and Warren Courts do to economic policy?
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Deemphasized its importance. Ruled in favor of the fed govt in every case.
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When did the ND court start ruling in favor of fed regulation?
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Constitutional Revolution of 1937
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Under the ND and W courts, how did the SC determine if congress could enact economic legislation?
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Applied "minimum scrutiny" to determine if there was a "rational basis"
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When did the court remove itself from reviewing the constitutionality of federal laws regarding economics?
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The ND and Warren courts
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What did the SC do to civil liberties?
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Began applying more exacting judicial scrutiny to policies that infringed on civil liberties.
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What was US v Carolene Products?
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Right to infringe on sale of milk constitutional?
Had the famous footnote 4. |
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What was the Famous Footnote 4?
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Applied minimum scrutiny to economic regs, but proposed new levels of scruitny/review for other cases.
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How was the ND courts support of civil liberties?
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It supported them, but initial commitment was weak and inconsistent (eg free speech)
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What was Dennis V United States
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fed law punished communists for advocating the overthrow of govt
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When was the hey-day of the Warren Court?
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the 1960s, civil liberties dominated courts agenda
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Who was the most liberal SC in history?
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The Warren Court
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How was americas political culture during the 60s?
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Also very liberal
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Who were the beneficiaries of ND and Warren Court rulings?
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socially and economically disadvantaged groups (minorities) and criminal defendents
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What ND cases concerned presidential power?
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US v Curtiss-Wright
Korematsu v US |
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What was US v Curtiss-Wright
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Granted broad discretion to President in foregin affairs
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What was Korematsu v US
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Court upheld FDRs exec order to relocate japanese-americans
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When did the "modern presidency" come into being?
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During the ND
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What is the modern presidency?
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Pres exercised tremendous power over foreign affairs and war. Congress overned domestic policy.
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What were the major ND cases concerning economics?
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US v Darby Lumber
Wickard v Filburn |
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What was the NDs view of taxing and spending powers?
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Congress had broad taxing and spending powers pursuant to the "general welfare"
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What was Us v Darby Lumber co?
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10th A is a truism
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What was Wickard v Filburn?
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Created broad substantial effects test for commerce clause.
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Is the substnatial effects test for the commerce clause still in effect?
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Yes
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What 4 cases did the Warren Court deal with that concerned civil rights?
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Brown v Bd of Education
Criminal Due Process NYT v Sullivans Griswold v Conneticut |
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What was Brown v Bd of Education
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Overturned Plessys seprate but equal doctrine
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When did mirana rights, and exclusionary rule appear?
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Under the Warren Court.
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What was NYT v Sullivan
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Modernized free speech doctrine. Public figures had to prove a higher standard to sue for defamation
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What was Griswold v Conneticut?
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Created a constitutional right to privacy, led to an expansion of fundamental rights.
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Where does the right to privacy originate?
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The Warren Court
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What sort of judges did Nixon want?
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Strict constructionist.
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What did Hunter credit with the rise of the Conservative court?
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End of the Cold War and Rise of the Culture wars.
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When did a resurgence of conservative populsim begin?
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End of the 1970s
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When did the Courts rulings become more conservative?
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1969
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How did the Republican court suprise observers?.
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Rulings are quite liberal.
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What was the SCs record for civil liberties?
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Generally narrowed legal protections. Hurt criminal defendents. But interpreted anti discrimination laws broadly.
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How was the Burger/Republican court towards sex discrimination?
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Favorable towards laws prohibiting sex discrimination.
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How did the Burger court react to previous SC interpretations of powers of regulatioN?
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Maintained courts broad interpretation. But Rehnquit limited.
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What effects did Rehnquist have on the court?
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Limited regualtion
Limited fed govs power to regulate states. |
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Which court oversaw the Federalism revolution?
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Rehnquist
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How does the US SC compare to other SCs in the world?
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Our SC is the most powerful court among all courts in the world.
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What were the major cases of the Burger Court?
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Furman v Georgia
Reed v Reed Roe v Wade Bakke v UC regents Bowers v Hardwick |
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When was the burger court?
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1969
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What was Bakke v UC regents?
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Upheld use of racial factors in determining univ admissions?
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What was Bowers v Hardwick?
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14th A does not protect homosexual sex
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What was Roe v Wade?
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Established constituonal right to have an abortion.
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What case was the Roe V Wade decision primarily premsied on?
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Grisworld v CT
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What were the Major cases of the Rehquist Court?
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Miller v Johnson
Planned Parenthood v Casey Washington v Glucksberg Dickerson v US Lawrence v Texas |
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What was Lawrence v Texas?
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Overturned Bowers v Hardwick
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What was Planned Parenthood v Casey?
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Affirmed Roe v Wade
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How complex is the constituions rules for appointment of SC justices?
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Very simple formal process
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For most of history, how have appointments been?
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Uneventful even unnoticed
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What qualificationds does the constituon set for SC justices?
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None
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Have most justiced had judicial experience before coming to the court?
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Yes
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What sort of judges have recently been appinted?
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Almost always appoint a federal judge.
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What official participants to the Confirmation process are named in the constitution?
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President,
Senate |
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What unoffical participants to the confirmation process are not named in the constituon.
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Legal community,
Interest Groups Nominees Media + Public |
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What is the primary factor today in determining how a president chooses a nominee?
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Policy preferences
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Which us presidents regretted their appointments?
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Eisenhower and Bush I.
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For most of the courts history what was important?
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Geogrpahic representation on the court.
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Today, what kind of representation is important?
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Race, gender, ethnicity, religion
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Who holds hearing to gather info about nominee?
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Senate Judiciary Committee
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What opinions does the SJC hear?
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Opinions both for and against the nominee.
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What does the SJC do at the end?
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Votes on the nominee, reocmmending rejection or confirmation.
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What legal group contributes the most to confirmation process?
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The American Bar Association
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What kind of rankings does the American Bar Assoiation give out?
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well qualified, qualified, not qualified
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Can individual lawyers and judges also testify before senate regarding the nominee?
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yes
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How was IG activity in SC appointments before the 1960s?
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Relatively limited and sporadic.
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What 2 justices have recently had controversial appointments?
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Robert Bork
Clarence Thomas |
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How controversial have recent court appointments been?
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After Thomas, much less controversial.
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What role have nominees had in the appointment process?
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For most of history almost none.
Today, they are active participants. Nominees lobby. |
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Do nominees always testify before the SJC,
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they do now
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What is the greatest challenge for nominees testifying b4 the senate?
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Answering questions about their legal and political views
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According to Siverstein, what did the Warren Court rulings do?
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Transformed court from a passive institution into an active policy making instituion.
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What was the key to the Warren Court revolution?
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More liberal view of standing requirements which allowed greater IG participation
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What is Silversteins view of interest group litigants?
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They are now a constituency of the SC that pulls them into political issues.
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What role did the New Progressives have on shaping the SC?
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Concerned about race, crime. Fractured the democratic party. Great sucess in courts. Opened fronts into lower federal courts.
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When did the Republican party begin making judicial appointments a presidential campaign issue?
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Nixon
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How has the New Right shaped the SC?
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Reinforced perception that judicial appointments are critical
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On what do the New right and New Progressives agree?
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Judicial appointments are critical
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How does Silverstein characterize the old senate?
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collegial, reciprocal
folkways selfcontained specialist |
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How does Silverstein characterize the new senate?
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individualist
partisan media savvy generalist |
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How have IGS changed the nature of senate politics?
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IGS have become senators new constituency.
Confirmation more democratized. Appointments are liabilities |
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T or F: The decisions of the SC do not primarily depnt on who sits on the court
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False, the decisions of the court depent primarily on who sits on the court
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What does judicial independence allow?
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Allows justices to change their policy positions.
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Who does SCs ruling have the most direct impaoct on?
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The parties involved in the litigation.
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What happens if the SC affirms the lower courts decision?
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Then that ruling becomes final.
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What happens if the court alters a lower courts ruling in any way?
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It usually remands the deicison
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What does the lower court have to do if the SC remands a decision?
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Must apply decision in a manner not inconsistent with the decision
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WHere does the ultimate fate of the parties lie?
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Outside the court
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Can parties settle outside the court even after the SC rules in a case?
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yes
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What is the process of implementation like?
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It is not automatic, and is an imperfect process.
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Does the opinion of agents affect how they implement it?
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Yes
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Besides affecting those involved in litigation, what else do SC rules effect?
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Precedent in future cases
Govt policy that requires implementation |
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What conditions affect implementation?
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Communication
Motivation Authority |
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Where is the courts authroity the strongest?
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judges
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T or F: Non judge agents are just as likely to resist implementation as judges.
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False, non judge agents are more likely to resist implementation
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Generally does the court have problems getting rules implemented by lower court judges?
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Usually not. Due to legal training, undermining judicial heirarchy.
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Do lower courts have no discretion in how they apply precedent?
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no, they do
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What is an excellent example of the problems with implementing a Court ruling?
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Brown v BOE
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When did desegreation really start to take place?
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A year after Brown v BOE, with the 1964 civil rights act.
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What is the most common sanction for noncompliance by a judge?
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Reversal of a decision
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What limits reversals in ensuring compliance?
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Lower courts might not accept
A reversal is not automatic Plantiff might not file to challenge |
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How can a court sanction noncompliance by non judges?
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Plantiff files lawsuit against no compliance
Then appeal all the way to SC |
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Does the Supreme Court have much direct impact on society?
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Not really
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How do SC decisions help shape the legal contours of social and political change?
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Decisions legtimize and mobilize social movements.
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How does SC ifnluence compare to its actual power?
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Influence is enormous compared to actual power
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Up until the 1980s if there was a fed court vacancy how was it filled?
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By senatorial courtesey
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What was reagans opinon of senatorial courtesey?
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Didnt give a fuck
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What was Silversteins paper about?
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How changes in broader American systems have impacted the confirmation/nomination process
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What are implementation studies?
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How the laws were changed and to what degree ppl follow their rulings.
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What are broad impact studies?
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What changes do we see in society. Has abortion gone up or down?
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Studying wheter or not abortion has gone up or down as the result of a SC case is what kind of study?
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Broad impact suty
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What factors make implementing courts rulings an imperfcet decision>
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Many laws require interpretation.
Some ppl just dont want to fllow the law. External factors |
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What are the 3 conditions for sucessful SC implementation?
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1 Have to know about decision
2 PErsonal motivation 3 Accept authority of court |
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When do you start to see the first modern day civil rights cases?
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During the LF courts WWI free speech cases.
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What is the doctrine of minimum scruitiny?
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Is there some plausible reason congress would want to do this?
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Does the rationale behind a congressional have to be true for it to past a test of minimum scrutiny?
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No
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