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130 Cards in this Set

  • Front
  • Back
How many justices have been impeached and who were they?
1 justice has been impeached.

Samuel Chase was the only justice to be impeached
Where and when was the first meeting of the U.S. Supreme Court
In the royal exchange building in New York. The date was February 2, 1790.
Who was Chief Justice John Jay appointed by and how old was he?
He was 44 and he was appointed by Washington.
Chief Justice John Jay wrote what document?
The Federalist Papers
What precedent did John Jay contribute to the supreme court?
Not to give advisory opinions
Those who supported the U.S. Constitution and the Supremacy clause called themselves ________?
Federalists
Those who opposed the U.S. Constitution and the Supremacy Clause called themselves _________?
Anti-Federalists
What was the purpose of the federalist papers?
To convince the anti-federalists why it was necessary to have the U.S. Constitution
What is strict interpretation of the U.S. Constitution?
If the consttiution says I can do it, then I can, but if it doesn't, then I can't.
What is broad interpretation of the U.S. Constitution?
If the constitution does not say I can't do it (or specifically addresses an issue), then I can do it or its up to the States to decide
With regard to broad or strict interpretation, how did the anti-federalists feel about state's rights?
They felt anything not specified in the constitution should be left to the states.
Who began the idea of judicial review?
John Marshall
What is judicial review?
The power of a court to judge the constitutionality of the laws of a government or the acts of a government official.
What is the originalism viewpoint of the costitution?
That what the framers meant in words is what they meant, don't stretch it to mean something more.
What is the judicial activism viewpoint of the constitution?
Take the words the framer's wrote in the constitution out of context to extend the court's power
Who were the first two "real" political partes?
Federalists and the Democratic Republicans
What is the sedition act and when was it passed?
It passed in 1798. Prohibits banding together to protest the government or protesting the government in the form of writing or publication
Who was opposed to the sedition act and why?
The democratic republicans were opposed to the sedition act because they felt it was put in place to silent them.
Opposers to the sedition act tried to appeal the law, what happened?
At the time of the appeal, the supreme court was made up of all federalists, (federalists supported and created the sedition act) so of course they struck it down)
What are the three things a justice can do when issuing an opinion?
1. They can sign on the opinion.
2. They can issue a concurring opinion.
3. They can issue a dissenting opinion.
What is a concurring opinion?
The justice will write a concurring opinion if they agree with the majority ruling but for different reasons
What is a dissenting opinion?
A justice will write a dissenting opinion if he or she disagrees with the ruling of the case.
How did the Judiciary Act of 1801 change the composition of the U.S. Supreme Court?
It changed the number of justices from 6 to 5 at the next vacancy (so they just wouldn't fill the position when it opened up)
How did the Judiciary Act of 1801 affect the circuits?
It created 6 new circuits, which made each circuit geographically smaller and was a benefit for those who rode the circuit since they wouldn't have to travel as far.
What was Adams' purpose in passing the Judiciary Act of 1801?
He was trying to pack the court with federalist judges that saw things his way even after the new president (Jefferson - a democratic republican) would take office
What did Jefferson do with regard to the Judiciary Act of 1801?
He repeals it and replaces it with the Judiciary Act of 1802.
Who appointed John Marshall to the U.S. Supreme Court?
John Adams
What was the relationship between John Marshall and Jefferson?
They were second cousins, but hated eachother, were on opposing parties, both felt eachother was going to destroy american civilization
Who really created the court as we know it today?
John Marshall
Name the 3 entities or documents the Supreme Court gets its power from.
1. Article III of the Const.
2. Congress (through the enactment of the Judiciary Act)
3. Its own rules of the court
What does it mean if the supreme court denies a case because it is moot?
The parties haven't lost anything, they are not disadvantaged
What does it mean if the supreme court denies a case because it is not ripe?
No injury has occured yet or not all avenues have been exhausted (did not go through intermediate appellate court)
What is a mandamus?
It is an order from a high court to a lower court, or to an authority, instructing it to perform an action or duty.

It should only be awarded when all other remedies have been exhausted.
In a nutshell, what was the final decision on Marburry v. Madison?
That while the court has the authoirty to order the executive and legislature branches, it did not feel this would be the appropriate time to dos.

So chief justice John Marshall denied Marbury's demand for a mandamus to make Madison deliver the commission and Marshall declared the Judiciary Act of 1789 to be unconstitutional.
What is so significant about Marbury v. Madison?
It was the first Supreme Court case to apply the emergent doctrine of judicial review to a congressional statute.
What was Marbury hoping to accomplish by filing the lawsuit against Madison?
He wanted James Madison to be forced to deliver Marubyr's commission so that Marbury could take his new position as justice of the peace for the District of Columbia.
In Marburry v. Madison, what was unconstitutional?
The Judiciary Act of 1789,
Marbury v. Madison was the first Supreme Court decision that the court declared _______.
An act by congress to be unconstitutional. They declared the Judiciary Act of 1789 to be unconstitutional. So this was the first time the court used its power for judicial review.
What is judicial revew?
The ability for the courts to oversee and nullify the actions of another branch of government.
What is the ability for the courts to oversee and nullify the actions of another branch of government.
Judicial Review
What is a lame duck?
A lame duck is an elected official who is approaching the end of his or her tenure, and especially an official whose successor has already been elected.
Why did Marbury file his mandamus with the Supreme Court as a court of original jurisdiction?
Marbury's argument is that in the Judiciary Act of 1789, Congress granted the Supreme Court original jurisdiction over petitions for writs of mandamus.
What were the three questions the Supreme Court had to decide in the Marbury case?
1. Did Marbury have a right to the commission?
2. Do the laws of the country give Marbury a legal remedy?
3. Is asking the Supreme Court for a writ of mandamus the correct legal remedy?
Who set the precedent for what treason really is?
Marshall
Who was the chief justice in the Marburry case?
Marshall
Who established judiciary review?
Marshall
Many of ____________ decisions set forth the powers between state and federal and the supremacy clause.
Marshall
_____ was chief Justice during the Fletcher v. Peck case.
Marshall
What was Fletcher v. Peck?
In Georgia, land was being acquired and sold by corrupt legislators. John Peck had purchased land that had previously been sold under the 1795 corupt Yazoo Land act. Peck sold this land to Robert Fletcher and in 1803, Fletcher brought suit against Peck, claiming that Peck did not have clear title to the land when he sold it to Fletcher.
The Supreme court ruled that the state legislature's repeal of the yazoo land act law was unconstitutional.

Chief Justice Marhsall argued that the sale was a binding contract.
Who rendered the decision in McCulloch v. Maryland?
John Marshall
Who was McCulloch in McCulloch v. Maryland?
He was the president of a baltimore bank branch that refused to pay taxes to the State of Maryland.
What decision set forth the meaning of the "Necessary and Proper Clause"of the United States Constitution and determined the distribution of powers between the federal government and the states?

Who decided the case?
McCulloch v. Maryland

John Marshall
What were the two issues in the McCulloch case?
Could congress through the constiuttion incorporate an entity (in this case a bank)?

Does a state have the right to tax an instrument of the federal government?
A Jeffersonian is one who identifies with what party?
Democratic-Republican
What did the court decide in the McCulloch case?
That the Maryland tax on federal government entities (in this case a bank) was unconstitutional and void.

But that Congress has the power to "make all laws which shall be necessary and proper. . . " so the creation of the Bank of the United States was constitutional.
Gibbons v. Ogden deals with what type of issue between states?
Interstate Commerce
The courts ruled in who's favor in Gibbons v. Ogden
They ruled in favor of Gibons, citing congress has the right to manage interstate commerce and that the coastal trading act was an example of that.
Who decided in Gibbons v. Ogden?
John Marshall
Who ruled on the early interstate commerce case which established precedent?
John Marshall
The Indian Removal Act of 1830 is also known as what?
The Trail of Tears
Cherokee Nation v,. Georgia 1831, the Indians filed a writ with the Supreme Court asking for what?
An injunction to keep the State of Georgia from passing the law that would force native americans to move away to reserves.
What did the court decide with regard to the Indian Removal Act of 1830?
That the Supreme Court did not have original jurisdiction so the court could not issue an injunction.
In 1793, while John Jay was serving as Chief Justice of the Supreme Court, he did what which made a lot of democratic republicans mad?
He left to solve/organize a treaty with Great Britain
A judge-made rule as opposed to a statuory one is known as what?
Common law
Common laws are laws made by who?
Judges (as opposed to congress)
What is the latin term for "to stand by things decided?
Stare Decisis
The instrument that governed the association of the 13 original states from March 1, 1781 until the adoption of the U.S. Constitution is known as what?
Articles of Confederation
Article III, Section 1. deals with what?
1. There shall only be one supreme court.

2. The ability for congress to enact more courts as needed.

3. Judges are retained for good behavior.

4. Their salary shall not be diminished during their service
Which article of the const. allows congress to sort of control the surpeme court and determine if more courts are necessary?
Article III, Section 1.
Article III, Section 2 deals with what?
When and for what the supreme court can hear a case of original jurisdiction or appellate jurisdiction.
Jurisdictional issues of the supreme court are addressed in what article of the const and what section?
Article III, Section 2.
Treason is addressed in what article and section of the const?
Article III, Section 3.
What was the most significant change in our court system that came out of the Judiciary Act of 1789?
It created three branches of the judicial system, a district court in each state (Virginia and Mass had two), three circuit courts (Eastern, Southern, Middle) and the Supreme Court.

It created the appellate system.

And set forth what the supreme court would hear i terms of diversity of citizenship cases and federal question issues.
The Judiciary Act of 1801 fundamentally changed the circuits by?
It added 6 more circuits, which meant 16 more judges, it reduced the number of justices from 6 to 5 at the next possible vacancy and put an end to riding the circuit.
The Judiciary Act of 1801 changed the composition of the supreme court how?
Changed the # of justices from 6 to 5 at the next possible vacancy, added 6 new circuits, and created 16 new judicial positions
The Judiciary Act of 1802 essentially did what to the Act of 1801?
It repealed it and basically undid everything the 1801 act did.
After the enactment of the Judiciary Act of 1802, what happened to the 6 circuits and the 16 justices appointed to those 6 circuits that had been appointed under the Judiciary Act of 1801?
They just disappeared and the supreme court justices had to go back to circuit riding.
In what year did the supreme court not hold an annual session?

Why was there no meeting?
1802. The Judiciary Act of 1802 changed the time of year that the supreme court met to February. The act was passed in March, so no meeting of the supreme court was held that year.
What is the supremacy clause?
The clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land". The text establishes these as the highest form of law in the American legal system, mandating that state judges uphold them, even if state laws or constitutions conflict.
This clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land". The text establishes these as the highest form of law in the American legal system, mandating that state judges uphold them, even if state laws or constitutions conflict.
The Supremacy Clause
Where is the Supremacy Clause located?
Article VI, Paragraph 2
Where is the commerce clause located?
Article II, Section 8. Paragraph 3.
"To regulate Commerce with foreign nationas, and among the serveral states, and with the Indian Tribes."

What is the above clause?
It is the commerce clause.
What year were the bill of rights passed?
1791
What is the establishment clause and where is it located?
It is the 1st Amendment to the U.S. Const. No law can be passed by congress to establish or endorse a specific religion.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press;or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The Establishment Clause, 1st Amendment.
What is the due process clause and where is it located?
It is the 5th Amendment to the U.S. Const. It provides that all persons should have due process under law.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Fifth Amendment
Which two amendments work together to provide DUE PROCESS for state actions?
The fourtheenth amendment extends the fifth amendment due process clause to the state.
Describe seriatim.
Instead of the majority of the justices signing on to one opinion and then maybe a few dissenting or concurring, the court used to issue seriatim opinions, which is where regardless if the justices all agreed, each wrote their own opinion.
"To regulate Commerce with foreign nationas, and among the serveral states, and with the Indian Tribes."

What is the above clause?
It is the commerce clause.
What year were the bill of rights passed?
1791
What is the establishment clause and where is it located?
It is the 1st Amendment to the U.S. Const. No law can be passed by congress to establish or endorse a specific religion.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press;or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Is an example of what clause and is found in which amendment?
The Establishment Clause, 1st Amendment.
What is the due process clause and where is it located?
It is the 5th Amendment to the U.S. Const. It provides that all persons should have due process under law.
Which amendment reads:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Fifth Amendment
Which two amendments work together to provide due process for state actions?
The fourtheenth amendment extends the fifth amendment due process clause to the state.
Definition of seriatim
One after another; in a series; successively.
Thomas Jefferson identified with which political party which coined the term "Jeffersonian."
Democratic Republican
If one is a "Jeffersonian" they identify with which political party?
Democratic Republican
If one is a federalist, what do they stand for?
Federal government as superior, they believe in the const.
What case did John Jay hear?
Chisholm v. Georgia
What was the issue at hand in Chisolm v. Georgia?
An executor of an estate (Chisoholm) sued the state of Georgia claiming it owed money to the decedent for supplies bought by Georgia for use in the revolutionary war.

Georgia claimed it did not have to answer to the lawsuit as it is a soverign and did not have to answer to a lawsuit in which it did not consent.
What was the final ruling in Chisholm v. Georgia?
John Jay ruled that the state of Georgia did in fact have to answer to the lawsuit and it set the precedent that the federal court could hear cases over disputes between citizens and states.
The Court argued that Article 3, Section 2, of the Constitution abrogated the States’ sovereign immunity and granted federal courts the affirmative power to hear disputes between private citizens and States

refers to what case?
Chisholm v. Georgia
Because of Chisholm v. Georgia,the federal courts can do what?
Hear cases between citizens who are suing states.
the 11th amendment was inspired by what case?
Chisholm v. Georgia
The 11th amendment allows the Supreme Court to do what?
Hear disputes between citizens and states.
After CJ John Marshall died, who took over as the new CJ?
Taney
who presided over the Dred Scott case?
Taney
Who appointed Taney to the court?
Jackson
If one was a jacksonian, what political party did they identify with?
Democratic
Jacksonians were more about state's rights or more about federal rights?
State's Rights
Before Taney became CJ he served as what to Jackson?
Secretary of Treasury
Who heard the Amistad case?
Taney
what was the question/issue in the Amistad case?
Did the U.S. have jurisdiction to determine what should be done about the slaves who were kidnapped and killed their kidnappers?

The court determined they should be freed, but the persident was not obligated to return them to Africa.
What did the lower court determine in the amistad case?
That the slaves were illegally traded under the fair slave act and that they should be freed and returned to Africa.
what did the supreme court rule in the amistad case?
They agreed with the lower court that the slaves should be freed since they were illegally traded under the fair slave act, but that it should not be our responsibility to return them to africa.
Name the three issues and each ruling in the Dred Scott v. Sanford case.
Issue # 1. Did Dred Scott have the ability to sue? (this would require him to be considered a citizen).

The court said no, since he was not a citizen, he could not sue.

Issue # 2:
Since Scott spent 4 years in a free-slave/non-slave state, was he a free man?

The court said no.

Issue #3, was Missouri really even considered a free state?

The court said no. They argued congress essentially never had the right to prohibit slavery in the territories. The 5th amendment protected people from being deprived of life, liberty or property without due process and a band on slavery was an unconstitutional ban on property. They felt slaves were property. Court said congress can’t tell people that someone can’t have a certain property.
Who suspended habeas corpus? Why?
Lincoln, because he felt it was a security measure during the war
Charles River Bridge Co. v. Warren was a dispute over what?
Whether Warren had the right to build another bridge in Massachusetts despite Charles Bridge Co having an exclusive contract.
What did the court decide in Charles River Bridge Co. v. Warren
That warren did have the right to build another bridge since the Mass. Legislature had the right to allow another bridge to be built b/c it was necessary.

So the Supreme Court decision ruled in favor of Warren, when the rights to property are more important to the community, the rights of the community will trump personal rights
Who presided over Charles Rive Bridge Co. v. Warren?
Taney
The case settled a dispute over the constitutional clause regarding obligation of contract.

refers to what case?
Charles River Bridge Co. v. Warren
Which case refers to the ruling:

"1. That the president [...] cannot suspend the privilege of the writ of habeas corpus, nor authorize a military officer to do it. 2. That a military officer has no right to arrest and detain a person not subject to the rules and articles of war [...] except in aid of the judicial authority, and subject to its control."
Ex Parte Merryman
Which case dealt with the suspension of habes corpus?
Ex Parte Merryman
Which president briefly suspended habeas corpus
Abraham Lincoln
Strict construction/interpretation of the const. means what?
Stick to the original intent of the const.
Which case dealt with the suspension of habes corpus?
Ex Parte Merryman
Which president briefly suspended habeas corpus
Abraham Lincoln