Civics, Chapter 14

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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

T

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

F

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

F

because of broad media coverage , a justice's confirmation is no longer contentious

F

the constitution says that a Supreme Court justice must be a least 35 years of age

F

the president nominates Supreme Court justices, but the Senate elects other federal judges

F

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

T

By assigning a southerner to write the Court's opinion for a voter discrimination case, the Supreme Court demonstrated it awareness of public opinion

T

today's justices are more representative of the country as a whole than in the past

T

When hearing a case, the Supreme Court does not hear testimony from witnesses

True

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


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