How does the supreme court interpret the US constitution? Flashcards
(20 cards)
What is the primary role of the Supreme Court in the context of the US Constitution?
To interpret and uphold the Constitution.
True or False: The Supreme Court has the power to declare laws unconstitutional.
True
Fill in the blank: The principle that allows the Supreme Court to review and invalidate government laws and actions is known as __________.
Judicial Review
Who established the principle of judicial review in the landmark case Marbury v. Madison?
Chief Justice John Marshall
What does the term ‘originalism’ refer to in constitutional interpretation?
The belief that the Constitution should be interpreted based on the original understanding at the time it was ratified.
Which Supreme Court case established the ‘separation of church and state’?
Everson v. Board of Education
Multiple Choice: Which of the following is NOT a method of constitutional interpretation used by the Supreme Court? A) Textualism B) Originalism C) Historical Revisionism D) Living Constitution
C) Historical Revisionism
What is the ‘Living Constitution’ approach?
The view that the Constitution is a dynamic document that should be interpreted in the context of contemporary society and values.
True or False: The Supreme Court’s decisions can only be overturned by constitutional amendment.
False
What is the significance of the case Roe v. Wade?
It established a woman’s legal right to have an abortion under the right to privacy.
Fill in the blank: The Supreme Court’s interpretation of the Constitution can evolve through __________.
Precedent
What role do dissenting opinions play in Supreme Court decisions?
They provide alternative viewpoints and reasoning, which can influence future cases and legal interpretations.
Multiple Choice: Which amendment protects freedom of speech? A) First Amendment B) Second Amendment C) Fourth Amendment D) Eighth Amendment
A) First Amendment
What is the ‘Strict Scrutiny’ standard?
A legal standard used by courts to determine whether a law is constitutional, requiring a compelling state interest and narrow tailoring.
True or False: The Supreme Court has the authority to interpret state constitutions.
False
What is meant by ‘stare decisis’?
The legal principle of determining points in litigation according to precedent.
Fill in the blank: The Supreme Court’s decision in Brown v. Board of Education declared __________.
racial segregation in public schools unconstitutional.
Which clause of the Constitution is often cited in cases involving the separation of church and state?
Establishment Clause
What does the term ‘judicial activism’ refer to?
The practice of judges making rulings based on personal or political considerations rather than existing law.
Multiple Choice: Which Supreme Court case ruled that ‘one person, one vote’ must be upheld in state legislative districts? A) Baker v. Carr B) Marbury v. Madison C) Plessy v. Ferguson D) Loving v. Virginia
A) Baker v. Carr
