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Study Guide For Final ExamPOS 1041 Fall 2013What article of the constitution deals with the federal judiciary? Article 3How does it compare in length and detail to the articles dealing with Congress and the President? It is the shortestWhat is noteworthy about the U.S. Supreme Court building? Did not have a building for the first 100 yearsWhat 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 LawWhen 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-americanHow many Supreme Court justices have been from Florida?0What is the process of being placed on the U.S. Supreme Court?President submits name to SenatePublic hearings heldJudiciary Committee voteSenate vote—simple majority voteRobert 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 establishWhat two components in the constitution help insure the Supreme Court’s independence?Article 3 and the founding fathersWhy 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 unconstitutionalWhat 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? NoWhat is an example where the court overturned a federal law?Voting Rights Act—knocked down key provisionDefense of Marriage Act—knocked downCampaign Finance—knocked downDoes the Supreme Court always overturn existing law? What is an example where the court upheld a federal law.Affordable Care Act—upheldClearly the Court can overturn federal law. Can it also overturn state law? What is anexample? Yes, ImmigrationGun ControlMedical MarijuanaDiversity in EducationWhen Supreme Court justices agree to hear a case, they issue what?Writ of certiorariHow 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 questionHow many cases does the court each year (on average)? 65-70In 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 1925What is an amicus brief? Why are these briefs important to the court’s deliberation?Amicus brief—positions of interest groupsWhat is the most common vote in the modern Supreme Court?Unanimous What are concurring opinions? What are dissenting opinions?2In 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 ActionCampaign FinancePresidential PowerFreedom of Speech and ReligionWhy is the solicitor general important?Represents U.S. Government before the Supreme CourtInvolved in 2/3 of the cases before the Supreme Court each yearJustice 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 peopleJustice 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 itmight 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 CourtU.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), yes3How many circuit courts of appeal are there? Is there one in Tallahassee?U.S. Circuit Court of Appeals (13), yesThe 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 yesWhat branch of government does the federal bureaucracy fall under? Is the bureaucracy outlined in the constitution? Executive and yesWhat are the two types of federal employees?Political appointees and civil servantsWhen we think of federal


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FSU POS 1041 - Final Exam

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