supreme court

Question 1

roe verses wade

Answer 1

(1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction.

Question 2

how would you change constitution if pro life

Answer 2

join an interest group concrete plan go to supreme court

Question 3

how would you change judges

Answer 3

need a sympathetic president and senate pray for a vacancy on the court, been working steadfast long range to change justices, it is a political process ,

Question 4

Reshape the constitution,

Answer 4

because constitution above the supreme court.

Change what they interpret it is the holy grail then we will win the problem is it is so difficult to do.

Question 5

Who’s going to interpret it amend the constitution

Answer 5

it must be short and clear, and hasn’t gotten out of the propsal phase at all, is is going to take a 2/3rd vote in both the house and senate. but they have 5 votes already if it ever got to the supreme court.

Question 6

the 4th branch can release and withhold information as it sees fit and that is power to counter the risk

Answer 6

congress gathers it owns information, the congress must inevitably depend on 4th branch.

Question 7

3rd source of power of 4th branch

Answer 7

delegated rule making authority
Congress delegates by law policy making power to the 4th branch. Congress is giving away their power. We want to look deeply into that. It is to technical and complex for congress, they turn it over to the experts in the 4th branch.

Question 8

Delegated legislative authority.

The 4th branch

Answer 8

The 4th branch makes policy, that is power

Question 9

Do these rules and regulations have the force of law

Answer 9

Yes!! You get fined

Federal communication commission: regulate radio, cable, satellite hands authority to them. Pirate radio stations is always looking for those people, they will find you and will site you and then they will fine you.10 to 30 thousand dollars. If innocent, your starting point, you will go to our courts.

Question 10

Controlling the 4th branch

Answer 10

All 3 of the other branches.

1. President: chief executive
2. congress provided the money,
3. courts interpret rules and regulations to figure out what they need.

Question 11

President and congress are going to need help

Answer 11

The OMB office of management and budget is presidents’ watchdog and enforcer. Budget development.

Congress GOA government of accountability this is congress watchdog over the 4th branch investigates how government spend our money, and how well governments are doing.

Question 12

OMB and GAO has 600 and 5000 watchdogs why are they so small

Answer 12

Agencies are not very big. Why are they so small? Small Size on purpose to maintain loyalty

Question 13

How are these watch dogs doing

Answer 13

They are effective, criticized, main tool is audits. Forest service, nobody sees if the programs are working.

Question 14

2nd problem of watchdogs

Answer 14

not responsive to policy preferences of president and congress large organizations resist change

Question 15

What did they do before that?

Answer 15

Spoil system or patronage system,

Question 16

Spoil system or patronage system,

Answer 16

could elect whoever they wanted but changed after industrial revolution. Now they pick the best person for job merit-based protection from political retribution… Cannot be fired for political party affiliation.

Question 17

3rd problem with trying to control the 4th branch.

Answer 17

Policymaking is a contest for information. Battle. 4th has an advantage.

Question 18

Disadvantages of president and congress,

Answer 18

small staff, electoral demands and generalists.

Question 19

Advantages of 4th branch

Answer 19

Advantages: Size, security, expertise. Job security, 2000 peps, agencies

Question 20

what is the structure of the American court system

Answer 20

3 major courts the district courts, courts of appeals and supreme court

Question 21

how many district courts

Answer 21

94 including territories, 89 in 40 state 1 in DC for puerto rico

Question 22

district courts?

Answer 22

at least 1 per state, each court has an attorney appointed by the president and confirmed by senate, most federal cases are here roughly 80%, original jurisdiction, no appeals most end in plea bargains

Question 23

courts of appeal

Answer 23

13 us courts, 1 court for at least 2 states, 3 judges hear cases, review cases from district courts, can review orders and dicisions of federal regulatory agencies no trials or appeals

Question 24

supreme court

Answer 24

court of last resort, most cases never make it, on about 80 a year, decide which cases to hear by rule of 4, interpret constitution and how it applies to laws, judicial review most significant power, can declare if a law is unconstitutional 8 associate judges 1 chief Justice

Question 25

Judicial Review

Answer 25

power of the Supreme court, not in constitution

Question 26

what makes American judges more powerful than their counterparts in many other countries

Answer 26

Simply, the judicial branch determines whether the Constitution allows certain laws to be passed. If the Supreme Court decides that a law passed by Congress is not allowable, then the law is considered unconstitutional and is erased. This gives the Supreme Court a tremendous amount of power.

Question 27

John Marshall

Answer 27

secretary of state his job to deliver these commissions to these judges, certify and deliver, stamping them with the seal of the united states Marshall moving up to the new chief justice, he did not certify and deliver, I need to get out of here into my new job Marshall issued no order no opportunity for defiance. He empowered court. Marshall claimed the high road and spun it well.

Question 28

James Madison

Answer 28

James Madison is secretary of state, he finds the 17 commissions, Jefferson says don’t deliver them, we aren’t given them any more advantage.

Question 29

Pellet jurisdiction

Answer 29

supreme court these on appeal heard from other courts, almost all cases come to them this way.

Question 30

Original jurisdiction

Answer 30

these are cases that begin and end in the supreme court. Very few come states sewing each over mostly water. Congress has no jurisdiction over original jurisdiction not in constitution. Move up to court of appeal, any state between states let it rocket to supreme court. Cases involving ambassadors, foreign affairs. Logic behind it.

Question 31

Marshall wants to know standing,

Answer 31

what bases do you appear? Right for Marbury for being here. Authorizes for court order: Law, judiciary act of 1789 section 13 Fails to perform his duty, Madison injured party Marbury that’s what the law says. Adam lame duck president for 4 months had time. Madison has my commission order coming from Marshall. Certified his own commission.

Question 32

original jurisdiction

Answer 32

yes Marbury is asking for writ court order, hasn't been to another court

Question 33

Judiciary Act of 1789

Answer 33

was unconstitutional. In Marshall's opinion, Congress could not give the Supreme Court the power to issue an order granting Marbury his commissionJustice Marshall, the Court stated that Marbury, indeed, had a right to his commission

Question 34

Judicial review

Answer 34

Judicial review not in constitution. Framers declined to put it in there.

Question 35

Problems with marshals ruling

Answer 35

the word only is missing from the constitution. Completely changes the constitution. Leverage the ambiguity of the constitution he was trapped to exercise the power of judicial review. This is the problem we see with it today

Question 36

2 ways to reverse supreme court decisions

Answer 36

both are outside of judicial system

Question 37

What are 2 ways to reverse supreme court decisions

Answer 37

Reshape the supreme court Sympathetic president, then activate president and supreme court or 2.Reshape the constitution,

Question 38

Reshape the constitution,

Answer 38

another way above the supreme court | Change the document that the justices interpret, it is the holy grail we are going to win problem is so difficult to do

Question 39

Supreme court is going to interpret our amendment

Answer 39

abortion shall not be done in the united states no conditional clauses. 2/3 2/3 state and go out to states and would need another 2/3rd 38 states to ratify the constitution

Question 40

what would happen if roe vs wade was overturned

Answer 40

It would go to the states to decide It would be states Right to decide. Before Roe we revert back to where we were before.

Question 41

Judicial independence:

Answer 41

selection process, no direct electoral, connection | 2. Life tenure, during good behavior, we have interpreted this with life tenure

Question 42

during good behavior, we have interpreted this with life tenure

Answer 42

not in constitution

Question 43

how might impeachment of judge appear Samuel chase

Answer 43

it would appear impartiality and precedent it would set

Question 44

Samuel chase precedent.

Answer 44

Protects judges from political only for illegal behavior.

Question 45

Lower district courts

Answer 45

5 have been removed and impeached, but

Question 46

Alexander Hamilton author of federalist’s paper, the courts are the least dangerous branch, the least threat to citizens.

Answer 46

Because the courts don’t have the power of the purse. Don’t have power of the sword. Goes all the way back to the federalist’s paper Evidence: do have power of interpretation

Question 47

problem on non-compliance

Answer 47

courts have no enforcement power, belongs to the executive sometimes people may not comply, and executive may drag his feet, classic case of non-compliance: brown versed brown verse board of education resistance, only 2% was 98% successful 10 years later successful

Question 48

judges are keenly aware of noncompliance,

Answer 48

look weak | and impotent,

Question 49

how does the president has a very powerful check on supreme court justices

Answer 49

Has absolute control, gatekeeper on who gets on supreme court He going to use that to shape the supreme court. Whoever he Nominates, may not be confirmed by the president. Can anyone Get on supreme court without him nomination power, shape and Limit. No way around the president.

Question 50

how does congress checks on supreme court

Answer 50

The Senate confirms all Supreme Court appointments. 2. congress may remove justices Impeachment. 3. congress controls supreme court appellate jurisdiction of the Supreme court congress can decide on what cases go to the Supreme court. Congress can just right a bill and override it. Only been used once. 4. congress controls size of supreme court It’s not in the constitution, congress has changed all over the place

Question 51

Example FDR’s court packing plan

Answer 51

Landslide and mandated to fix the economy, mandate sketchy but this one was pretty clear Roosevelt needed to fix the economy. He had 98% of electoral vote. reaffirmed new deal progress struck down by supreme court as being unconstitutional. FDR reaction on attack to fight. He was furious, surprise move to fight the judicial. FDR proposes increase Supreme court by 6 positions. The democratic senate will affirm the new justices. to 9 existing judges to pursue his political purposes, Roosevelt’s plan, but his actions demonstrated that decisions by life-tenured judges can stir controversy court packing plan failed. Went up in smoke.

Question 52

does Congress influence the Supreme Court?

Answer 52

1) Congress can impeach Supreme Court Justices. ... However, the Court cannot do so to an amendment, since, incidentally, it is now part of the Constitution itself. 4) Finally, Congress has influence over the Court's jurisdiction. Therefore, Congress can prevent a case from being heard in the Court.

Question 53

17th amendment

Answer 53

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

Question 54

why is the 17th amendment important

Answer 54

The 17th Amendment is significant because it changed the way in which United States Senators are elected to Congress.

Question 55

federalism function of interest groups

Answer 55

Interest groups educate both their own constituency and the public.

Question 56

22nd amendment

Answer 56

2 term limit president after FDR served The 22nd amendment limits the president to only two 4 year terms in office. ... After FDR died in 1945, many Americans began to recognize that having a president serve more than eight years was bad for the country. This led to the 22nd amendment, which was passed by Congress in 1947 and ratified by the states by 1

Question 57

Strom Thurmond

Answer 57

all the laws of Washington and all the bayonets of the Army cannot force the Negro into our homes, into our schools, our churches and our places of recreation and amusement.' 48 years as a United States Senator from South Carolina.

Question 58

pathways of action

Answer 58

lobbying, grassroots, courts, cultural changes, elections de

Question 59

main theme of book

Answer 59

citizen participate in government, pathways of action, diversity and effect it has on government

Question 60

vacancy over Scalia supreme court demonstrate

Answer 60

conservatives didn't allow Barak to nominate anyone to office during his last year for political reasons

Question 61

importance of constitution and statutory interpretations

Answer 61

contain ambiguities and judges provide interpretations

Question 62

how is a judge appointed in federal system

Answer 62

The Constitution specifies that federal judges, like ambassadors and cabinet secretaries, must be appointed by the president and confirmed by a majority vote of the U.S. Senate.

Question 63

Supreme Court, Justice Clarence Thomas is known for advocating an original intent approach to constitutional interpretation

Answer 63

He and his admirers argue that the Constitution must be interpreted in strict accordance with the original meanings intended by the people who wrote and ratified the document. According to Justice Thomas, constitutional interpretation must follow original intent in order to avoid “judicial activism,” in which judges allegedly exceed their proper sphere of authority by injecting their own viewpoints into constitutional interpretation.

Question 64

flexible interpretation?

Answer 64

Critics of original intent argue for a flexible interpretation that enables contemporary judges to give meaning to those words in light of current values and policy problems. Nearly all of the Supreme Court justices in the past 50 years have used flexible interpretation, including Ruth Bader Ginsburg and Anthony Kennedy. However, these justices frequently disagree with one another about how much flexibility should apply to various provisions in the Constitution.

Question 65

cloture

Answer 65

debate limiting to 30 additional hours of debate

Question 66

Brown v. Board of Education of

Answer 66

as a landmark 1954 Supreme Court case in which the justices ruled unanimously that racial segregation of children in public schools was unconstitutional.

Question 67

Supreme Court ruled in Plessy v. Ferguson t

Answer 67

that racially segregated public facilities were legal, so long as the facilities for blacks and whites were equal.

Question 68

Jim Crow” laws

Answer 68

—and established the “separate but equal” doctrine that would stand for the next six decades.

Question 69

Thurgood Marshall

Answer 69

Thurgood Marshall, the first African-American Supreme Court justice, played a vital part in ending legal segregation during the Civil Rights Movement through the landmark 1954 case Brown v. Board of Education.

Question 70

earl warren

Answer 70

Warren stated that "in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal.Earl Warren helped end school segregation with the court's decision in Brown v. Board of Education (1954).

Question 71

A direct primary,

Answer 71

hich is now used in some form in all U.S. states, functions as a preliminary election whereby voters decide their party's candidates.

Question 72

committee system

Answer 72

Due to the high volume and complexity of its work, the Senate divides its tasks among 20 permanent committees, four joint committees, and occasionally temporary committeesThe chair of each committee and a majority of its members represent the majority party, with the chair setting the agenda for committee business.

Question 73

The 14th Amendment

Answer 73

in 1868, granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.”

Question 74

Fifteenth Amendment, amendment | 19th amendment

Answer 74

to the Constitution of the United States that guaranteed that the right to vote could not be denied based on “race, color, or previous condition of servitude.” ... Women would not receive that right until the ratification of the Nineteenth Amendment in 1920

Question 75

26 amendment

Answer 75

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.