Chapter 14 Government

amicus curiae brief

"friend of the court" brief filed by an interest group to influence a Supreme Court decision

The concept that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text is called

"living" constitution.

Which of the following is a legislative check on the power of the Supreme Court?

Congress can pass new laws overriding Court decisions.

How can a Supreme Court justice be removed from the Court after being appointed?

Congress can remove a justice through impeachment.

What role does the solicitor general fill at the Supreme Court?

He or she often represents the government in cases before the Court.

Why is it important to consider precedent in making Court decisions?

It helps promote consistency in how laws are interpreted and applied.

What is an advisory opinion?

It is a ruling on a law or action that has not yet been challenged in court.

What is a writ of certiorari?

It is an order to a lower court to send up the records of a case

What is the power of judicial review?

It is the power to decide if a law is unconstitutional.

What is an advantage of nominating a candidate with a long public record of deciding cases?

It makes it easier for the president to determine if the candidate's ideological perspective is similar to his or her own.

What does judicial temperament mean?

It means being open minded, courteous, and patient.

What does the term representativeness refer to in the selection of justice nominees?

It refers to selecting candidates to have a group of justices that somewhat represents American society.

What best describes the role public opinion plays in Court decisions?

Justices try to announce and explain decisions in ways that will build support for the Court and the implementation of the decision.

Why is the political popularity and power of the president an important factor in the nomination process?

A politically popular and powerful president can rally public support behind a nominee.

What is the majority opinion in a ruling?

A statement assigned by the most senior justice in the majority that explains the reason the decision was made.

What is a brief?

A written explanation of how a party wants the Court to decide the case with arguments to support that decision.

What is the structure of oral arguments?

Both sides receive 30 minutes to present their arguments and answer questions from the justices.

Which precedent was overturned in the Brown v. Board of Education (1954) ruling?

Plessy v. Ferguson (1896), which allowed separate but equal facilities

Which of the following is an executive check on the power of the Supreme Court?

The president has the power to nominate justices to the Court.

What best describes why the Court changed its ruling on segregation in the 1954 Brown v. Board of Education decision?

The values in American society were changing and segregation was losing support.

Which is a reason justices decide to not follow precedents in deciding a case?

They believe the previous ruling was wrongly decided.

Why do interest groups lobby the president and senators regarding Supreme Court nominees?

They want a justice that will side with their cause placed on the Court.

How many votes are required for a nominee to receive consent in the Senate?

a majority

What is the rule of four?

an informal agreement that the Court will hear a case if four of the nine justices agree it should be heard

What are the correct steps and sequence for cases argued at the Supreme Court?

briefs submitted, written records of case reviewed, oral arguments, decision reached, opinions written

Which is included in the Supreme Court's original jurisdiction?

cases involving representatives of foreign governments

original jurisdiction

cases involving representatives of foreign governments and certain cases in which a state is a party

Which usually contributes the smallest number of cases heard by the Supreme Court each session?

cases of original jurisdiction

What do clerks look for in cases?

cases that clearly present a federal legal issue that is important and/or that has divided the lower courts

What do Supreme Court justices look for when deciding which cases to hear?

cases where lower courts are inconsistently applying federal laws

An amicus curiae brief

explains why the case is important to certain interest groups and how they want the case decided

The philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues is known as

judicial activism

What are opposite opinions on the role of the Supreme Court?

judicial restraint and judicial activism

The philosophy that the Supreme Court should avoid taking the initiative on social and political questions is known as

judicial restraint.

How does the court decide which cases to hear?

jurisdiction

What is the term length served by Supreme Court justices?

lifetime

Circuit Conflict

lower courts have decided the same issue in different ways

The belief that the U.S. Constitution should be interpreted according to the intent of those who composed and adopted it is called

originalism

What are two key judicial philosophies on Constitutional interpretation?

originalism and active liberty/living Constitution

What are two major influences on the decisions justices make?

precedents and judicial philosophy

Which of the following MOST influence how justices determine the meanings of the Constitution when the text is unclear?

precedents and their personal judicial philosophy

What are the constitutional requirements to become a Supreme Court justice?

receive the nomination of the president and consent of the Senate

What is the solicitor general responsible for?

representing the federal government in court

Supreme Court clerks

review all petitions submitted to the Court and provide summaries and recommendations the justices.

What term means that, once the Court rules on a case, its decision serves as a model on which to base other decisions in cases that raise the same legal issue?

stare decisis

appellate jurisdiction

the court hears cases appealed from lower courts of appeal or cases from federal district courts where an act of Congress was held unconstitutional

What happens when the Supreme Court refuses to hear a case?

the decision of the lower court stands

What is a precedent set by?

the principle of stare decisis

What is the role of the Supreme Court?

to resolve disputes over the meaning of federal laws and the U.S. Constitution

When can a dissenting opinion be issued on a case?

when a justice disagrees with the ruling made on a case

what does the solicitor general decide?

which cases to appeal to the Supreme Court and how to respond when other appeal a case involving the federal government

What role does the Senate Judiciary Committee serve in the confirmation process?

The committee holds public hearings with the candidate and recommends if the candidate should be confirmed by the Senate.

How does the Court enforce its decisions?

The Court relies on lower courts and other branches of government to comply with its decisions.