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Chapter 14 Review

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Page 1: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Chapter 14

Review

Page 2: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is judicial review?

Page 3: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is judicial review?

The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional.

Page 4: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Where does judicial review come from?

Page 5: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Where does judicial review come from?

The landmark case of Marbury v. Madison.

Page 6: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How do the justices of the Supreme Court decide to hear a case?

Page 7: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How do the justices of the Supreme Court decide to hear a case?

Briefs are submitted and four judges must agree to hear the case before it can be put on the docket.

Page 8: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

After a judge is nominated by the president, what happens next?

Page 9: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

After a judge is nominated by the president, what happens next?

The Senate votes and 51 members must vote yes to confirm a nomination.

Page 10: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a dissenting opinion, and why bother if you lost?

Page 11: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a dissenting opinion, and why bother if you lost?

Justices on the losing side of a case write it and gives them the opportunity to publicly disagree with the reasoning of the majority. These also have an effect on later cases.

Page 12: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What’s a plurality opinion?

Page 13: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What’s a plurality opinion?

Just like a majority opinion, but represents the opinions of most of the judges who support the winning side.

Page 14: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does the Supreme Court do when asked to interpret a state constitution

Page 15: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does the Supreme Court do when asked to interpret a state constitution

They don’t. State constitutions are interpreted by state supreme courts, not the US Supreme Court. But state laws are open to Supreme Court review.

Page 16: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a writ of certiorari?

Page 17: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a writ of certiorari?

When the Supreme Court issues an order for a lower court to send its record of a case for review.

Page 18: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Who is allowed challenge a law in a federal court?

Page 19: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Who is allowed challenge a law in a federal court?

Only people who have a serious interest in a case, must have what is called standing.

Page 20: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does the solicitor general do?

Page 21: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does the solicitor general do?

He or she is the government’s lawyer in Supreme Court cases.

Page 22: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How do we choose state judges (in comparison to federal judges)?

Page 23: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How do we choose state judges (in comparison to federal judges)?

In most states, state judges are elected (keeps the accountable, or so the theory goes), and federal judges are nominated / confirmed.

Page 24: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does the Latin word certiorari mean?

Page 25: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does the Latin word certiorari mean?

“Make more certain”, which is why it’s used to describe when the Supreme Court issues a writ of certiorari

Page 26: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is precedent?

Page 27: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is precedent?

When the court issues a ruling, other courts have to follow it.

Page 28: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is judicial activism?

Page 29: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is judicial activism?

When courts play an active role in policy making through court decisions.

Page 30: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Why is there often times a bitter fight over court nominees now-a-days?

Page 31: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Why is there often times a bitter fight over court nominees now-a-days?

Because of the increasing role the courts are playing in policy making and how we do things in America.

Page 32: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

A strict constructionist judge looks at the constitution how???

Page 33: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

A strict constructionist judge looks at the constitution how???

Strictly as the rules are written

Page 34: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What did Hamilton think about the federal judiciary?

Page 35: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What did Hamilton think about the federal judiciary?

His emphasis was on the executive branch, so he felt the federal bench would be the least dangerous branch. (This was before Engle and Roe)

Page 36: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What did we learn from McCulloch v. Maryland?

Page 37: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What did we learn from McCulloch v. Maryland?

The power to tax is the power to destroy. Also, that federal laws trump state laws. (Remember S.C.’s John C. Calhoun and the doctrine of nullification?)

Page 38: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

After the Civil War, what was the focus of the Supreme Court on? (Think about American history for a second or two.)

Page 39: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

After the Civil War, what was the focus of the Supreme Court on? (Think about American history for a second or two.)

The economy and the governments regulation of it, like the South transitioning from a free labor economy to one that pays.

Page 40: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Why did some schools keep praying after Engle and keep segregated after Brown?

Page 41: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Why did some schools keep praying after Engle and keep segregated after Brown?

The enforcement arm of the Supreme Court is weak, since it doesn’t exist. They have to rely on other branches to enforce their decisions.

Page 42: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What’s a litmus test for judges?

Page 43: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What’s a litmus test for judges?

When the Senate uses a test of sorts to determine who they confirm as a federal judge. Since the President picks a nominee who reflects his point of view, the party who’s not in power usually complains about the litmus test.

Page 44: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

In spite of the litmus test, what does the Constitution say about qualifications for federal judges?

Page 45: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

In spite of the litmus test, what does the Constitution say about qualifications for federal judges?

Judges serve during good behavior, they don’t have to lawyers or even judges, they just have to behave.

Page 46: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How many cases that are appealed to the Supreme Court actually get to the Supreme Court?

Page 47: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How many cases that are appealed to the Supreme Court actually get to the Supreme Court?

Not many, not many at all.

Page 48: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Who decides what cases the government will appeal from a lower court?

Page 49: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Who decides what cases the government will appeal from a lower court?

The solicitor general, the same guy who is the government’s lawyer for Supreme Court.

Page 50: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does amicus curiae mean?

Page 51: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does amicus curiae mean?

“friend of the court”, which are briefs submitted by anyone who might have an interest in a case that is before the Supreme Court.

Page 52: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a per curiam opinion?

Page 53: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a per curiam opinion?

It’s brief and unsigned, usually an opinion in the majority.

Page 54: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How do interest groups play a role in selecting federal judges?

Page 55: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How do interest groups play a role in selecting federal judges?

Lobby the Senate judiciary committee about nominees, filing amicus curiae briefs, get their lawyers involved in cases, file class action law suits.

Page 56: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

When a court acts in a manner about an important constitutional issue that annoys many people in the public, then the court is behaving how?

Page 57: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

When a court acts in a manner about an important constitutional issue that annoys many people in the public, then the court is behaving how?

Activism

Page 58: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Constitutionally, what power is specified regarding Congress and the Supreme Court?

Page 59: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Constitutionally, what power is specified regarding Congress and the Supreme Court?

They can determine the size of the Supreme Court. There is nothing in the Constitution about Congress being able to re-write a law to comply with the court’s objections.

Page 60: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does stare decisis mean?

Page 61: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What does stare decisis mean?

“let the decision stand” which means they stand by the lower court’s decision.

Page 62: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a concurring opinion?

Page 63: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is a concurring opinion?

Written when a justice agrees with the conclusion of the Court’s decision, but disagrees with the logic of the opinion of the Court of the Court.

Page 64: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Why do people have a problem with judicial activism?

Page 65: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

Why do people have a problem with judicial activism?

Judges have no experience with complex institutions (like schools), they’re not elected and immune from what people want, there is a cost to implementing decisions made by activist judges which they don’t think of when making their decisions.

Page 66: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What makes the judicial system in America different?

Page 67: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What makes the judicial system in America different?

It is an adversarial system and the truth is supposed to be a result of the two opposing sides.

Page 68: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How are federal district courts different from other federal courts? (Like the Supreme Court and the Federal Court of Appeals)

Page 69: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How are federal district courts different from other federal courts? (Like the Supreme Court and the Federal Court of Appeals)

They have juries (they’re the courts where you get tried when you rob a bank or beat up a mailman).

Page 70: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is senatorial courtesy?

Page 71: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What is senatorial courtesy?

When the senators of a certain state are consulted in the appointment of federal judges (does not extend to Supreme Court nominees)

Page 72: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How can special interest group affect the federal courts?

Page 73: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How can special interest group affect the federal courts?

File class action lawsuits based on their interests, file amicus briefs stating their cause and their point of view on a pending case, lobbying the Senate Judiciary Committee regarding potential nominees to the bench.

Page 74: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

The appellate jurisdiction of the Supreme Court

Page 75: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

The appellate jurisdiction of the Supreme Court

They have no juries, usually 3 judges, reviews cases that have already been heard in lower courts and have been appealed to higher courts by the losing party

Page 76: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How can a presidential administration best influence the direction of the federal court system?

Page 77: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

How can a presidential administration best influence the direction of the federal court system?

Appointing judges to the bench, deciding which cases the government will appeal to the Supreme Court, and enforcing the decisions made by the federal courts

Page 78: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What are the different concurring opinions available?

Page 79: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

What are the different concurring opinions available?

Simple concurring opinion – judge joins the decision of the court but has something to addConcurring in judgment - judge agrees with the majority, but not with the constitutional reasoning

Page 80: Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional

The End