Study Guide For Final Exam POS 1041 Fall 2013 What 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 It is the shortest What is noteworthy about the U S Supreme Court building Did not have a building for the first 100 years What is rule of law Rule of law means that Governments and Individuals are bound by law The constitution provides the means to interpret that law Federal courts are the arbiters of what that interpretation is And over time that interpretation changes as the county changes What is the phrase on the top of the U S Supreme Court building that describes the purpose of the court Equal Justice Under Law When does the Supreme Court convene Meets in First Monday in October What is noteworthy about the makeup of the 2013 Supreme Court 3 women 1 hispanic 1 african american How many Supreme Court justices have been from Florida 0 What is the process of being placed on the U S Supreme Court President submits name to Senate Public hearings held Judiciary Committee vote Senate vote simple majority vote Robert Bork was appointed but did not get Senate approval Why do we remember him famous because it was the first time forces organized strongly against him to fight his nomination by Reagan He was opposed because of his originalist views Was viewed as an extremist concerned roll back civil rights decisions and women s rights decisions Borked now means actions with the aim of preventing a person s appointment to public office According to the constitution how are inferior courts established 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 Article 3 and the founding fathers Why was the 1803 case Marbury v Madison important to the operation of the court Chief Justice Marshall said that the Supreme Court s responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the constitution It is emphatically the province and duty of the judicial department to say what the law is What is judicial review Is it in the constitution No and Power of courts to declare the acts of governmental officials unconstitutional What does this phrase refer to It is emphatically the province and duty of the judicial department to say what the law is Does the Supreme Court always support existing law No What is an example where the court overturned a federal law Voting Rights Act knocked down key provision Defense of Marriage Act knocked down Campaign Finance knocked down Does the Supreme Court always overturn existing law What is an example where the court upheld a federal law Affordable Care Act upheld Clearly the Court can overturn federal law Can it also overturn state law What is an example Yes Immigration Gun Control Medical Marijuana Diversity in Education When Supreme Court justices agree to hear a case they issue what Writ of certiorari How does the court decide which cases to consider Issue of broad significance Disagreement among lower courts Lower court found federal law unconstitutional State court has decided a major federal question How many cases does the court each year on average 65 70 In the 2012 2013 session how many cases did they take How many petitions for consideration did they consider Took 77 and read 7 500 petitions Does the court have to take every case appealed to it What federal law allowed them to be selective No and Judiciary Act of 1925 What is an amicus brief Why are these briefs important to the court s deliberation Amicus brief positions of interest groups What is the most common vote in the modern Supreme Court Unanimous What are concurring opinions What are dissenting opinions 2 In law a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court but states different reasons as the basis for his or her decision A dissenting opinion or dissent is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment Why does Chief Justice Roberts think written opinions are important How many Supreme Court justices do we have Was this in the constitution If not you determines how many justices there are What are examples of the issues the Court have taken this term Affirmative Action Campaign Finance Presidential Power Freedom of Speech and Religion Why is the solicitor general important Represents U S Government before the Supreme Court Involved 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 Our manner of 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 We current Justices read the Constitution in the only way that we can as Twentieth Century Americans We look to the history of the time of framing and to the intervening history of interpretation But the ultimate question must be what do the words of the text mean in our time For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone but in the adaptability of its great principles to cope with current problems and current needs Alexander Hamilton thought the court was the least dangerous branch What argument can you make in support of this What are the three levels of federal courts U S Supreme Court U S Circuit Court of Appeals 13 U S District Court 94 How many federal district courts are there Is there one in Tallahassee U S District Court 94 yes 3 How many circuit courts of appeal are there Is there one in Tallahassee U S Circuit Court of Appeals 13 yes The Supreme Court makes decisions based on the U S Constitution Can they also rule based on state constitutions Can they determine the constitutionality of state laws No and yes What branch of government does the federal bureaucracy fall under Is the bureaucracy outlined in the constitution Executive and yes What are the two types of federal employees Political appointees and civil servants When we think of federal agencies we think of cabinet agencies What are examples of these agencies Independent regulatory
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