Study Guide For Final ExamPOS 1041 Fall 2013What article of the constitution deals with the federal judiciary? How does it compare in length and detail to the articles dealing with Congress and the President?Article 3 of the Constitutionit is the shortest and least detailed article.What is noteworthy about the U.S. Supreme Court building?It’s built between the Capitol and the Library of Congress, there’s a massive stairway, 42 steps, with a double row of eight massive columns supporting the roof. Did not have building for 100 years.What is “rule of law?” What is the phrase on the top of the U.S. Supreme Court building that describes the purpose of the court? Rule of law- means that government and individuals are bound by law (Constitution). “Equal Justice Under Law” is written on top of the building, and it describes the ultimate responsibility of the Supreme Court.When does the Supreme Court convene?On first Monday in October every yearWhat is noteworthy about the makeup of the 2013 Supreme Court?There are 3 women, 1 hispanic, 1 black, 3 Jews and 6 Catholics, all Ivy League Law Schools,How many Supreme Court justices have been from Florida?NoneWhat is the process of being placed on the U.S. Supreme Court?President submits name to SenatePublics hearings heldJudiciary Committee votethen Senate vote (simple majority wins)Robert Bork was appointed but did not get Senate approval. Why do we remember him?His name now a verb (Borked), first time forces organized strongly against him to fight his nomination by Reagan. Borked now means actions with the aim of preventing a person’s appointment to public officeAccording to the constitution, how are “inferior” courts established?“Invests judicial power in the United States and the Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish”What two components in the constitution help insure the Supreme Court’s independence?Lifetime appointments for judgessalaries that cannot be reduced.Why was the 1803 case, Marbury v. Madison, important to the operation of the court?Chief Justice Marshall stated that the Supreme Court’s responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution during this case.What is judicial review? Is it in the constitution?Judicial review is the power of courts to declare the acts of governmental officials unconstitutional. It is not in the constitution.What does this phrase refer to—“It is emphatically the province and duty of the judicial department to say what the law is.”Supreme Court must always uphold the Constitution, refers to Marbury v. MadisonDoes the Supreme Court always support existing law? What is an example where the court overturned a federal law?The Defense of Marriage ActCampaign FinanceVoting Rights Act- knocked down key provisionDoes the Supreme Court always overturn existing law? What is an example where the court upheld a federal law.The Affordable Care Act was upheldClearly the Court can overturn federal law. Can it also overturn state law? What is an example? Yes, immigrationgun controlmedical marijuanadiversity in education.When Supreme Court justices agree to hear a case, they issue what?Writ of certiorari- when 4 judges agree to hear a caseHow does the court decide which cases to consider?Issue of broad significancedisagreement among lower courtslower court found federal law unconstitutionalstate court has decided a major federal question.How many cases does the court each year (on average)? In the 2012-2013 session, how many cases did they take? How many petitions for consideration did they consider?The court hears about 65-70 cases a year. In 2012-2013, they took 77 cases, and had about 7,500 petitions for consideration.Does the court have to take every case appealed to it? What federal law allowed them to be selective? Judiciary Act of 1925 gave the Supreme Court greater control over their caseload, before this law they had to consider all cases.What is an amicus brief? Why are these briefs important to the court’s deliberation?It takes into account the positions of interest groups, which is important because theydo not take a political stance, just have useful information regarding the case.What is the most common vote in the modern Supreme Court?Unanimous What are concurring opinions? What are dissenting opinions?Concurring opinions- opinions that agree with the court’s disposition of the case, but is written to express a particular judge’s reasoning.Dissenting opinions- opinions that disagree with the court’s disposition of the case.2Why does Chief Justice Roberts think written opinions are important?He believes judges must explain their position because they aren’t elected into office, need to explain to the people their decision, and so that judges and lawyers truly understand the law.How many Supreme Court justices do we have? Was this in the constitution? If not, you determines how many justices there are. Nine Supreme Court Justices currently, number has varied from 5 to 10, not in the constitution.What are examples of the issues the Court have taken this term?Affirmative actioncampaign financepresidential powerfreedom of speech and religionWhy is the solicitor general important?Donald Verrilli- solicitor general. Represents the U.S gov. before the Supreme Courtinvolved in 2/3 of the cases before the Supreme Court each year.Justice Antonin Scalia is what is known as an “originalist.” What does this mean? It means…, “interpreting the Constitution is to begin with the text, and to give that text the meaning that it bore when it was adopted by the people.Justice Stephen Bryer is a proponent of the living constitution. What does this mean?Essentially, “What do the words of the text mean in our time”. Alexander Hamilton thought the court was the least dangerous branch. What argument can you make in support of this? It could be considered the most dangerous because the people do not choose the Supreme Court justices, and they have the final say on all matters.What are the three levels of federal courts?1. U.S Supreme Court. 2. U.S Circuit Court of Appeals (Appellate Courts) (13). 3. U.S District Courts (Trial Courts) (94)How many federal district courts are there? Is there one in Tallahassee?There are 94 Federal District Courts, yes one in TallahasseeHow many circuit courts of appeal are there? Is there one in
View Full Document
Unlocking...