Civics, Chapter 14
Rule of Four
Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
confirmation of Supreme Court nominees typically takes longer today than in the past
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Brown v. Board of Education
a pivotal civil liberties case in which the Court was not bound by precedent
Function of Supreme Court
interpret laws
Living Constitution
Belief that judges should apply the constitution in light of current conditions
If a justice disagrees with a decision, he or she can issue a concurring opinion
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If an interest group wants to explain to the Supreme Court why a case should be decided in a particular way, the group can submit a writ of certiorari
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because of broad media coverage , a justice's confirmation is no longer contentious
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the constitution says that a Supreme Court justice must be a least 35 years of age
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the president nominates Supreme Court justices, but the Senate elects other federal judges
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Alexander Hamilton
Federalist who argued Supreme court should have right to determine whether laws are constitutional
judicial philosophy
Ideas about what guidelines to follow when interpreting the constitution
How is the process for filling a Senate position different from the process for filling a Supreme Court position?
Senators are elected and Justices are appointed
McCulloch v. Maryland
Supreme Court ruled that States could not interfere with federal actions needed
Brown v Board of Education illustrates how the Supreme Court can be influenced by changing societal values and beliefs
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By assigning a southerner to write the Court's opinion for a voter discrimination case, the Supreme Court demonstrated it awareness of public opinion
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today's justices are more representative of the country as a whole than in the past
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When hearing a case, the Supreme Court does not hear testimony from witnesses
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the constitution requires that a Supreme Court justice
be confirmed by the Senate
what happens once Supreme Court reaches a decision?
become law
judicial restraint
belief that the Court should avoid overturning laws passed by democratically elected bodies
judicial activism
belief that the Court should step in if people's rights are violated
appellate cases
can come either through the state court systems or the federal court system
the legislative branch can check the power of the Supreme Court because it
can remove justices
Marbury v. Madison
establish courts power to declare laws unconstitutional
Presidents typically work to nominate individuals who
have personal integrity and professional expertise
a positive effect of justices' lifetime appointments is
having a fair and impartial judiciary
concurring opinion
if a justice agrees with the majority's opinion, but has different reasoning
discuss their reasoning
one reason that the justices take a preliminary vote
stare decisis
principle that once the Court rules, its decision serves as a precedent
when the Court ruled in Brandenburg v Ohio that the government could not take away the right to free speech just because it might incite a crime, it was
showing judicial activism
President Andrew Jackson's refusal to carry out a Court ruling shows what?
the Supreme Court depends on the Executive branch to enforce it decisions
How is a justice who follows judicial restraint likely to be different from an activist?
the justice is less likely to declare an existing law unconstitutional
why do presidents want nominees from a variety of racial and ethnic background?
they want the justices to be somewhat representative of the entire country
Why did Supreme Court hear Clarence Gideon case?
to see if constitutional rights were violated
How does the Supreme Court decide which cases to hear?
usually when courts have interpreted federal laws differently
writ of certiorari
what losing State Court must submit to be heard by Supreme Court
grants certiorari
when the Supreme Court decides to take a case
If citizens do not like how the Supreme Court interprets part of the Constitution, they can
work to get the constitution amended