Unit 5 Test Flashcards
(58 cards)
9 SC Justices
Chief Justice John Roberts (Conservative) Associate Justice Clarence Thomas (Conservative) AJ Ruth Bader Ginsburg (Liberal) AJ Stephen G. Breyer (Liberal) AJ Samuel A. Alito (Conservative) AJ Sonia Sotomayor (Liberal) AJ Elena Kagan (Liberal) AJ Neil M. Gorsuch (Conservative) AJ Brett M. Kavanaugh (Conservative)
Dual Court System
Federal and state courts
Types of Inferior Courts
Constitutional and Special
Types of Jurisdiction
Exclusive - only be heard in fed court.
Concurrent - may be tried in fed court or a state court
Original - Court in which a case is first heard
Appellate - Hears a case on appeal from lower court
Appointment process of federal judges
Robert Bork) (Harriet Miers
President nominates, senate confirms.
Robert Bork - nominated by Reagan. Had an originalist Judicial philosophy (Conservative method that looks at founders intentions). Portrayed as anti-women, racist, anti-abortion. Nomination rejected by senate. “Borked” - Blocked and defamed by Senate.
Harriet Miers - Sandra Day O’Connor retires. Miers served white house council for president Bush. Criticized for lack of intellectual rigor, close personal ties to Bush, lack of a clear record on issues, seen as “less an attorney than a law firm manager”, Nomination withdrawn, Samuel Alito nominated instead.
Terms of Federal Judges
Constitutional Courts: Appointed for life
Vacancies created if: retire/impeach/die
Special Courts: 4-15 years
Congress determines salaries.
Judicial Review
Power of SCOTUS to determine constitutionality of laws. Not stated in the constitution. Established in landmark Marbury V Madison decision (1803). Majority opinion stands as precedents (Previous decision).
Docket
schedule of court cases
Writ of certiorari
An order from the SC to a lower court to send a case up.
How a case reaches the SC
State District Court to State Courts of appeal to State Supreme Court to U.S. SC.
U.S. District Courts to U.S. Courts of Appeal to U.S. SC.
How SC hears/decides cases
Hear oral arguments for 2 weeks. Meet for 2 weeks. Short arguments, Typically 30 minute arguments. Chief Justice presides over secret conference. Vote in order of seniority. Majority needed (5 out of 9).
Opinions in court
Majority - Announces a decision in a case, and its reasoning.
Concurring - Authored to add or emphasize a point.
Dissenting - Don’t agree with the courts majority opinion.
Precedent
Deciding on a current case based on a past ruling
Stare decisis
let the decision stand.
Senatorial courtesy
Custom where Judicial appointments are confirmed only if there is no objection to them by the senators from the appointees state.
Judicial Activism/Restraint
Activism: Based on personal preferences rather than existing law. (Brown V Board of education)
Restraint: Judges limit their power and respect Stare decisis. Defer to congress unless its obviously unconstitutional.
Demographic Trends of the SC
White, Male, Christian/Jewish, Ivy League background, no racial diversity (no Asians, Native Americans, Pacific Islanders ever).
Clarence Thomas(Conservative)/Anita Hill
1991 (nominated under H.W. Bush). 2nd African American to serve on the SC. Confirmation was controversial. Accused of sexual harassment by former employee Anita Hill.
Free Speech in Schools
Hazelwood vs. Kuhlmeier - School newspaper that hasn’t been established as student expression has a lower level of the 1st amendment protection. SC ruled in favor of the school
Wallace vs. Jaffree - SC ruled that Alabama couldn’t allow a moment of prayer.
Board of Westside vs. Mergens - Students wanted to hold a Bible club after school and the school said no. SC said yes.
Bethel vs. Fraser - Kid implied vulgar information in a speech and was suspended. Brought the school to court saying his 1st amendment was impeded on. SC ruled in favor of School saying you can’t say inappropriate stuff in a school setting.
Freedom of Speech
Tinker vs. Des Moines - Mary Beth/John Tinker wore black armbands in opposition to vietnam. 7-2 in favor of Tinker. Symbolic speech in schools protected.
Morse vs. Frederick - Fredrick(Student) and Morse(Principal). Fredrick was suspended for “Bong hits 4 Jesus” at Olympics. 5-4 in favor of Morse.
Brandenburg vs. Ohio - Brandenburg organizes KKK rally, promises “Revenge” against groups. Charged with advocating violence. Unanimous decision in favor of Brandenburg.
Free Speech Principles
Two Pronged Test: Speech can be prohibited if its producing violence, or its likely to incite or produce such action.
Profanity/obscenity not protected in public schools. Schools can regulate content of student newspapers. Flag burning protected. Obscenity determined by community standards. Public figures must prove malicious statements cause harm
Establishment and free exercise clauses (Freedom of religion)
Establishment clause - no official gov’t religion.
Free exercise clause - able to freely practice religion.
Lemon vs. Kurtzman (Freedom of religion)
Catholic schools taught secular courses with secular materials with taxpayer money. 8-0 decision against school.
Lemon Test: Must have a secular purpose. Cannot advance or inhibit religion. “Excessive gov entanglement” with religion.
Employment Division vs. Smith (Freedom of religion)
Two Native Americans smoked Peyote for religious reasons, fired+denied unemployment benefits. 6-3 decision against smith. Sates have power to hallow otherwise illegal acts done because of religious beliefs, not required to.
