Constitutional Law Ii: Chapter 1

Front 1

Who is the federal government's lawyer?

Back 1

Solicitor General

Front 2

Who decides, out of a multitude of cases requested by the agencies, which ones deserve the attention of the Supreme Court?

Back 2

Solicitor General

Front 3

Who is characterized as the Supreme Court's 9 1/2 member?

Back 3

Solicitor General

Front 4

What branch of government is the Solicitor General a member of?

Back 4

Executive

Front 5

What special agreements entered into by the Justice Department allows agencies to litigate certain types of cases at the district and appellate levels?

Back 5

Memoranda of Understanding (MOUs)

Front 6

What is the term for "raising the issue of unconstitutional provisions"?

Back 6

Points of Order

Front 7

Whose duty is it to defend the Senate or a committee, subcommittee, member, officer, or employee of the Senate when directed by 2/3 of the members of the Joint Leadership Group or by the adoption of a Senate Resolution?

Back 7

Office of Senate Legal Counsel

Front 8

Who appoints the Senate Legal Counsel and the Deputy Legal Counsel?

Back 8

President with recommendations submitted by the majority and minority leaders of the Senate.

Front 9

May individual Senators initiate suits on their own?

Back 9

Yes

Front 10

Who handles litigation that involving members of the House of Representatives, House officers, and staff?

Back 10

Officer of General Counsel

Front 11

Definiton
"The opportunity for all 3 branches of gov't to interpret and shape the Constitution."

Back 11

coordinate construction

Front 12

T or F
The Constitution provides only a minimum for the protection of individual rights and liberties.

Back 12

T

Front 13

Who conducts (or assigns and supervises), after consulting agency officials, Supreme Court cases, including appeals, petitions regarding certioari, and the preperation of briefs and arguments; authorizes or declines to authorize appeals by the Fed gov't to appellate courts; authorizes the filing of amicus briefs by the gov't in all appellate courts; and may authorize intervention by the gov't in cases involving constitutionality of acts of Congress?

Back 13

Solicitor General

Front 14

Whose responsibility is it to represent the Fed gov't in court?

Back 14

Solicitor General

Front 15

Who prosecuted and conducted all suits in the Supreme Court concerning the gov't?

He also represented the Congress and the President.

Back 15

Attorney General

Front 16

Definition
Citizens whose interests were adverse to that of the community.

This concept/term was introduced by Madison in Federalist No. 10.

Back 16

factions

Front 17

T or F
The decisions of the Court are prospective rather than retrospective.

Back 17

T

Front 18

T or F
Members of Congress criticize "judicial activism" but encourage judicial policymaking.

Back 18

T

Front 19

T or F
The Supreme Court prefers to avoid general rules that exceed the necessities of a particular case. (i.e., political questions...)

Back 19

T

Front 20

Definition
A brief that, originally, permitted 3rd parties, without any direct interest in the case, to bring certain facts to the attention of the court to avoid judicial error.

All parties must consent to the filing of the brief. If a party objects, the applicant must request Court's permission.

Back 20

Amicus Curiae Brief

Front 21

Translation
"Amicus Curiae"

Back 21

Friend of the Court

Front 22

Definition
"A form of political expression"
-Justice Brennan (1963)

Back 22

litigation

Front 23

What Act established an Attorney General?

Back 23

Judiciary Act of 1789

Front 24

Why did the Federalists pass the Alien and Sedition Acts of 1798?

Back 24

To silence domestic opponents of governmental policy. (Limit Freedom of Press, Speech, Expression...)

Front 25

Who regarded the Alien and Sedition Acts of 1798 unconstitutional? (Thomas Jefferson or the federal judges)

Back 25

Thomas Jefferson

Front 26

T or F
The heirs of Matthew Lyon, a citizen who was prosecuted under the Alien and Sedition Acts of 1798, were reimbursed and the Act deemed unconstitutional.

Back 26

T

Front 27

T or F
President Andrew Jackson received a bill in 1832 to renew the Bank of the US. He DID NOT veto the bill.

Back 27

F
Jackson did veto even though the bill was passed by Congress and was upheld by the S Court (McCulloch v. Maryland).

Front 28

Did the Senate sustain President Jackson's veto of the Bank of the US?

Back 28

Yes

Front 29

Did Lincoln oppose the Dred Scott decision?

Back 29

Yes. He considered major parts of the decision a nullity, to be left to political resolution outside the courts.

Front 30

What is the concept that political scientist Walter Murphy introduce stating that it is the responsibility of all 3 branches of government to interpret and apply the Constitution?

Back 30

Departmentalism

Front 31

What are the 3 theories producing an answer for WHO is the ultimate interpreter?

Back 31

Judicial Supremacy
Legislative Supremacy
Departmentalism

Front 32

What is the most familiar theory which is justified on the grounds of Marbury v. Madison regarding who is the ultimate interpreter of the Constitution?

Back 32

Judicial Supremacy

Although there is no const. text expressly confining the interpretation to the judiciary and judicial review does not obligate other branches to obey.

Front 33

What is the theory, regarding who interprets the Constitution, that was pushed following the Civil War?

Back 33

Legislative Supremacy

Some Jeffersonians pressed for congressional supremacy too.

Front 34

Has a president ever pressed for supremacy in constitutional interpretation?

Back 34

No, some actually pushed for equality (departmentalism), such as Madison.

Front 35

What is the theory of departmentalism in regards to constitutional interpretation?

Back 35

All 3 branches play a role in constitutional interpretation.

Front 36

What theory does the US implement in regards to constitutional interpretation?

Back 36

A modified version of departmentalism.