FINAL Flashcards
(50 cards)
What is checks and balances?
Each branch of government has a certain amount of power over the other so no one branch becomes too powerful.
If president vetos a bill he puts a check but congress can put a check on him and pass it if they get 2/3 the vote.
What is a Bicameral Legislature?
A legislative body that has two separate chambers or houses, often with equal authority to pass or amend legislation.
What are the separation of powers?
Dividing governmental power into three basic types- making laws, executing the laws, and adjudicating controversies that arise under the laws. Legislative, executive, and judicial.
What were the Miranda warnings?
Warnings required by the Supreme Court that when police are arresting a suspect they have to give the right to remain silent and to have the assistance of an attorney. “The suspect must be worn prior to any questioning that he has the right to remain silent, then anything he says can be used against him in the court of law, that he has the right to the presence of an attorney, and if he cannot afford an attorney one will be appointed to him prior to any questioning if he so desires”
What was roe vs. Wade?
Case on abortion. Roe won said the decision was the woman’s decision.
What was Gideon vs. wainwright?
Gideon arrested for stealing couldn’t afford an attorney. Wrote a letter to the Supreme Court claiming it was unconstitutional because he couldn’t afford a lawyer. The Supreme Court ruled that the constitution requires states to provide attorneys for defendants who can’t afford them. Gideon was acquitted of his charges and won his case.
What is the writ of certiorari?
The loser of a court case appeals from federal appeals courts seeking a hearing before the highest court U.S. Supreme Court review.
What does Amicus Curiae Brief mean?
“Friend of the court” a brief submitted but a person or organization that had an interest in the outcome of a case but is not formally involved.
Who were the federalists?
Supporters of the ratification of the constitution of 1787
What are the separation of powers?
Dividing governmental power into three basic types- making laws, executing the laws, and adjudicating controversies that arise under the laws. Legislative, executive, and judicial.
What was Dred Scott v. Sandford?
Dred Scott was sold as a slave but his owner moved to a free state. Sanford was his owner. Was called the worst Supreme Court decision in history.
What was Marbury versus Madison?
Established judicial review. Midnight judges called Thomas Jefferson going to take path of office john Marshall didn’t hand out the judge ship to William Marbury. Writs of mandamus law passed by congress
What is the necessary and proper clause?
The final clause of article 1 section 8 of the Constitution it empowers Congress to make all laws necessary and proper in order to carry out the federal government’s duty. McCulloch versus Maryland
FDR’s court packing plan?
National recovery act
Agricultural adjustment act - found to be unconstitutional. “If any Supreme Court justice was over 70 yrs old and did not retire he could replace then for someone younger. He wanted to change the court to change the ruling. Judicial procedures reform bill failed
Brown vs. Board of eduction
Thurgood Marshall was arguing that black and whites should be in a non segregated school setting. Concluded that seperate but equal had no place in the constitution and they unanimously said the plaintiffs were protected under 14th amendment.
Judicial self-restraint
Judges should exercise restraint in the kind of cases they decide, deferring to the political branches on most matters.
Stare Decisis
“Let the decision stand” judges to look past precedents as a guide whenever possible. Such as brown vs. The board of education overturning plessy vs. Ferguson
Judicial Review
The power of the courts to strike down laws that they judge to be in violation of the federal or state constitutions.
Judicial Activism
Criticism that under the disguise of interpreting the constitution, federal judges read their own policy preferences into fundamental law. Critics insist that judges should follow a strict construction of the constitution by looking to the original content of it’s framers or the original meanings of it’s provisions.
Judiciary Act of 1789
Law passed by the first congress that creates a three tiered federal court structure. The first law that constructed a federal court system.
What was the critical period of American history?
Near bankruptcy of the central government, it’s inability to conduct effective foreign-policy, commercial and territorial conflicts among the states, as well as nationwide economic and social distress. The establishment of a new government under the new constitution. The confederate congress could not govern the new nation. There was conflict between the states commercially/territorially.
What is the United States Court of Appeal?
Federal courts intermediary between the district courts and the Supreme Court one for each of 12 regions of the country and one for the federal circuit which handle specialized cases. They did not have their own judges but were staffed by the district judge in the state where the Circuit Court met into Supreme Court justices.
What is the commerce clause?
Article 1 section 8 of the Constitution empowering Congress to regulate commerce with foreign nations and among the states. It has supplied the basis for federal regulation of business as well as other domestic policy initiatives.
What was the exclusionary rule?
Imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how Relevant to demonstrating guilt. Critics complain that it frees the guilty and does little to deterred police misconduct. There are exceptions such as the good faith exception which says that on the basis of a warrant that was later shown to be improperly issued the evidence could stand.
