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Flashcards in 422 TEST 1 Deck (59):

Authority of a court to hear or decide cases?



Ways to get rid of a federal Judge?

They normally serve for life but they can be impeached for poor behavior.


When was the Supreme Court formally established?

Passage of Judiciary Act of 1789.


Courts 'Pre-term Conference'

Devoted to considering certiorari petitions.
4 justices must to grant cert in order for the case to be heard.
99% do not pass


First 3 articles of the Constitution?

"Distributive Articles'
They deal with distributing the powers between the 3 forms of govt.


Article 1

Congress: specifies qualifications for house and congress members.
Most of the Enumerated Powers are located here.


Article 2

Gives Senate the power to participate in treaty making and to approve presidential appointments.


Article 3

Authorizes congress to define jurisdiction of lower federal courts as well as Appellate jurisdiction of the Supreme Court.


Habeas Corpus

An ancient common law device that persons can use to challenge their legality of arrest or imprisonment.


Can Habeas Corpus be suspended?

Yes, through section 9, by Congress (but not limited to Congress) during a national emergency.


Amendments 13, 14, and 15

'Civil War' amendments


Amendment 13

Abolished Slavery


Amendment 14

Defends privileges of national citizenship
Guarantee of due process and equal protection


Amendment 15

Protects the right to vote without prejudice.


Amendment 16

Congress' power to lay and collect taxes.


Amendment 17

Senates Rules:
2 for each state, Elected by the people of that state, serve 6 years, Each carries one vote.


US v EC Knight

Emphasized boundaries of Congress in regards to interstate commerce.
Manufacture is not a part of Commerce so Congress does not have any power here.
Narrow interpretation of to enumerated power of congress.


Gibbons v Ogden

Commerce Clause. Constitution empowers congress to regulate commerce, Congress could not regulate trade solely with one state but instead “between” states, 1793 congressional licensing act took precedence over the state act.


Griswold v Connecticut

Originalism: Constitution must be changed from time to time and that this court is charged with the duty to make those changes.


Katzenbach v Morgan

Section 5; 14th amendment
Case is important because court says that Congress is the “constitutional interpreter.” Congress does not have this right because that is judicial review. NY challenged that they should have the right to establish its own literacy tests to determine that everyone that is voting has the ability to understand what is on the ballot. The court rules against ny and it was whether congress could prohibit enforecement of state law


US v Darby

Darby: Lumber Manufacturer
10th amendment- reserves to the states and the people those powers not delegated to the national govt.
Court overrules hammer, rejecting a narrow ruling of Commerce Clause.


Chicago v McCdonald

2nd amendment rights are protected against state govt. by 14th amendment.


DC v Heler

Recognized that the 2nd amendment granted individuals to bear arms.


Hammer v Daganheart

Congress could not reach child labor because its not manufacturer.
Therefore it is not regulated by commerce.
(overruled in US v Darby)


McCullough v Maryland

The doctrine of implied powers was established in this case. Ranks Second in importance of Constitutional Law.


Shelby County v Holder

Voting rights act.
Issue- Congress says that any state that struggles racial discrimination then you have to submit to ‘oversight.’ This is challenged.
Does the renewal of section 5 of the Voter Rights Act.
Arguing that the data being used is outdated. stating that there is a major problem today has not been updated. Held that section 4 is unconstitutional.
Bottom line voting rights act section 4 done which means that states don’t have to submit to oversight


Stream of Commerce Doctrine

-Articulated by Justice Holmes in Swift and Co. v. US.
-Challenged activities were local, but court found them to be in ‘current of commerce” among states.
-Permits federal regulation of commerce that is no longer of an interstate nature.


Voting Rights Acts?

Landmark federal legislation protecting voters from racial discrimination.



-Courts should ONLY interpret, not legislate.
Judicial review should only be based strictly on Constitution
-Judges should be guided by plain meaning of the text



Attempt to interpret original meaning if plain meaning isn’t clear.
Jefferson and Madison



Constitution is “living and breathing document”
oMeaning of the Constitution evolves with the times.


Natural Law

o Set of principles surpassing human authority that may be discovered through reason.



o Supported Ratifying the Constitution
o Wanted a strong National Govt.
o John Jay, Madison, and Hamilton



Emphasized the fallen nature of man and that they could not be trusted to handle such power.
Considered the govt to have too much power
Opposed Ratifying the Constitution


Any such thing as an article 1 court?



Religious Freedom Registration Act

-Making a proclamation on Constitutional grounds
-Strikes down part of RFRA in Beornes v Flores
-if you have a belief that is longstanding and deeply held can congress make that illegal?
-Can’t aggregate constitutional pronouncement
-Yes we can infringe your 1st amendment free exercise rights as long as the law is one of ‘general applicability’ it is allowable under the commerce clause.


Doctrine of Saving Construction

Where a challenged law is subject to different interpretations, judicial restraint demands that a court choose an interpretation that preserves the constitutionality of the law.



Limits the Authority of a federal court.
A party must have personal stake in the case
A determination of whether these parties are appropriate to litigate
EX- Raines v Byrd
President was given line-item veto authority because SC denied Congress members, standing.



Issues that gave rise to the case have been resolved or have disappeared.
EX-School District v Harris or Roe v Wade
ACLU challenged prayers and hymns as a part of graduation. SC dismissed case because students graduated.


Doctrine of Abstention

Someone convicted of a crime in state court must exhaust all appeals in state judiciary before petitioning US Supreme Court
EX-Younger v Harris
Harris was being tried for advocating violence to effect political change
Court said he could not challenge the statute until he was convicted.


Political Question Doctrine

Cases may be dismissed if issues presented are too political.
EX- Mass. v Laird
Supreme Court dismissed suit challenging Constitutionality of Vietnam War.


Stare Decisis

A doctrine of precedent that means, “stand by decided matters”


Severability Doctrine

Attempts to excise the unconstitutional elements of a statute while leaving the rest of the law intact.


House Members

Reside in the state
At least 25
Citizens for 7 years
Serve for 2 years


Senate Members

Reside in the state
At least 30
Citizens for 9 years
Serve for 6 years.


Marbury v. Madison

Marbury had the right to sue because he did not receive the commission and because Jefferson ignored the law. The writ of mandamus expanded the power the court has under the constitution. This would give the supreme court the power to amend any act, which is unconstitutional. The supreme court doesn't have the power to issue a mandate. It directly conflicts with Article 3 section 2 of the Constitution. He established the precedent for judicial review which is the ability to examine laws and compare them to the constitution. Defines the power of the US supreme court.


Where are the enumerated powers located?

Article 1, section 8


Section 5 of the 14th amendment?

Allows Congress to protect and enforce civil rights and liberties.


New Deal (Roosevelt)

Roosevelt's attempt to pack the Supreme Court in 1937
Greatly expanded the role of the federal govt.
Court moved away from a defense of private enterprise and toward an affirmation of broad regulatory power.


Police Power

Ability to protect and create forces to prosecute crime and protect society.


US v Morrison

VT student sued Morrison and Crawford at vt in federal court.
Violence Against Women Act of 1994.
Court strikes the federal statute (provision) saying that this is going to be a state law issue.
Federal govt. does not have any say for providing civil remedies for gender related violence.


US v Comstock

(scope of Congress’ Implied Powers) Federal Statute that permits sex offenders to remain confined even after their time is served. Challenged: Congress lacks authority to legislate in this area. Supreme court held that Congress has the authority to enact his law.


Lochner v NY

Supreme court struck down NY labor law as an unjustified interference in regards to right to labor.


Ex Parte McCardle

Reconstruction Acts of the South allowed soldiers to arrest anybody who interfered. Congress changed the supreme courts appellate jurisdiction during the argument and therefore they were forced to drop the case.


Pollock v Farmers Loan and Trust

Income tax case. Supreme court decision nullified through constitutional amendment.


Prior to 1937...

Laissez faire capitalism


After 1937...

1. Allow Congress a more wide latitude in the area of economy policy making
2. Uphold legislation regarding labor and agriculture.


INDirect Taxes

Taxes levied on businesses, goods, and services


Direct Taxes

Shall be apportioned among the states on basis of population.