Judicial Branch

Which amendment did the video host say was "probably the most important of all amendments?"

14

When was the Bill of Rights added to the Constitution?

1789

Which civil liberty was applied to the states in the case Gitlow v. New York?

1st

Which amendment protects the right to bear arms?

2

Which amendment prohibits cruel and unusual punishment?

8

Which amendment states that the list of civil liberties / civil rights in the other amendments is not a complete list?

9

What should people remember about all Supreme Court decisions, even though they may hear that it's not true?

All decisions are highly political

Which branches of the government operate with a lot of implied powers that aren't clearly granted to them?

All three

How much of the Bill of Rights has by now been "incorporated," meaning that the civil liberties listed now protect citizens from their state government as well as from Congress?

Almost All

"Judicial review" is not the Supreme Court's power to review lower court decisions. What is that power called?

Appellate Review

Why does the President have more influence over lower court judges than over Supreme Court judges?

Because lower court justices may someday want to be on the supreme court...

What is double jeopardy?

Being tried for the same crime twice

What era of U.S. history can be seen as a high tide of judicial activism?

Between 50's and mid 70's when Earl Warren and Warren Burger were the chief justices

Procedural liberties are limits on how the government

Can Act

Substantive liberties are limits on what the government

Can Do

What are civil rights?

Civil rights are guarantees of equal citizenship.

What kind of delegation of power does the court almost never strike down?

Congressional delegation of power to the executive

What is one of the core beliefs of judicial restraint?

Courts are not supposed to overturn the decisions of a democratically elected congress in order to make policy unless congress has passed laws that are clearly unconstitutional

What did the Supreme Court say in the case Barron v. Baltimore?

Courts said that the BOR applied to the national government, not to the states

During this high tide, what four kinds of issues did the activist Supreme Court focus on?

Expanding civil rights, voting rights, the right to privacy, and the rights to people accused of crimes

TRUE OR FALSE: Judicial review can only be used to examine actions undertaken by the federal government; state government actions cannot be overruled.

False

TRUE OR FALSE: Judicial review can only be used to examine actions undertaken by the legislative branch of the federal government; the executive branch cannot be overruled.

False

In what two realms are Supreme Court rulings binding?

Future supreme courts, lower courts

What exercises much more influence on judges than does the President?

History

Congress can often undo a decision overturning a law simply by passing a new law. In what kind of case can Congress not undo a Supreme Court decision just by passing a law?

If the case involves the constitution directly

There are two reasons why the Supreme Court has only rarely declared Congressional statutes unconstitutional, particularly prior to the 20th century. Write down at least one of these reasons.

If the court was always striking down congressional statues, it would be hard for the public to know which laws to follow; need to set expectations and predictability If the court often overruled congress, public would think they were too political and start to question their judgement

What did the Roberts Court do with the Voting Rights Act?

Invalidated some parts of the Voting Rights Act

What is so important about this Amendment?

It means states can't deny equal protection, civil rights, or due process

How does David Souter stand out among Supreme Court justices?

Judge appointed by Republican, who turned out to be much more to the liking of the Democrats

Why do some people claim that judicial review violates the principle of separation of powers?

Judges making laws--undemocratic by nature, contradicts separation of powers

What judicial philosophy says that courts should act to make policy?

Judicial Activism

What judicial philosophy says that judges should pay attention to precedent, or past decisions, and should only make any incremental, or very small, changes?

Judicial Restraint

What term refers to the Supreme Court's awesome power to declare laws unconstitutional?

Judicial Review

How is "judicial philosophy" a different concept from "political ideology?"

Judicial philosophy refers to activism and restraint while political ideology refers to liberalism or conservatism

What are civil liberties?

Limitations placed on the government to protect the rights of citizens

What case gave us the Miranda warning: "You have the right to remain silent..."

Miranda v Arizona

What part of the Constitution grants the Supreme Court the power of judicial review?

Not anywhere, comes from court itself

The Supreme Court can place limits on the President. What limit was placed on the executive branch in the case Rasul v. Bush?

Placed limits on the president's ability to deny habeas corpus to suspected terrorists

Although it's not supposed to happen, judges are also influenced by their - (whether their beliefs are liberal or conservative, for example.)

Political Ideology

What issue was used as an example of a civil rights issue?

Same sex marriage

Which civil liberty was applied to the states in the case Mapp v. Ohio?

States couldn't use evidence gathered from warrantless searches

Why is Marbury v. Madison considered such an important Supreme Court case?

The Chief Justice in this case ruled that the courts had the power to review, uphold, and strike down executive actions

What is noteworthy about the five conservative judges serving on the Roberts Court?

The conservative justices have been pretty activist in their decisions

What is originalism?

The idea that any new law should be interpreted in light of the Constitution in 1787.

According to the Court, Marbury had a right to what he wanted, but the Court had no power to help him. Why was that, according to the Court's own reasoning?

The law directing them was unconstitutional

Where does the court's power to review and overturn state action come from?

The supremacy clause in the Constitution

What did Marbury want when he went to the Supreme Court?

Went to Supreme Court for a writ of mandamus that would force Madison to give Marbury his job

Where can you find a detailed list of civil liberties?

bor

In what era was the 14th Amendment added to the Constitution?

following civil war

Judges, especially Supreme Court judges, are supposed to be

independent

More recently, the Rehnquist Court tried to return power back to

the states