Judiciary Flashcards Preview

Constitutional Law I > Judiciary > Flashcards

Flashcards in Judiciary Deck (34)
Loading flashcards...
0

What was the Continental Congress?

The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution. The Congress met from 1774 to 1789 in three incarnations.

1

Why did the Articles of Confederation fail?


-Each state only had one vote in Congress, regardless of size.
-Congress had not have the power to tax.
-Congress did not have the power to regulate foreign and interstate commerce.
-There was no executive branch to enforce any acts passed by Congress.
-There was no national court system.
-Amendments to the Articles of Confederation required a unanimous vote.
-Laws required a 9/13 majority to pass in Congress.

2

What was Shay's Rebellion?

Daniel Shay, former Revolutionary soldier and farmer who revolted after property tax was raised and starting to be seized, eventually ending in a failed marched Federal Armory.

3

What was the Virginia Plan?

The Virginia Plan (also known as the Randolph Plan, after its sponsor, or the Large-State Plan) was a proposal by Virginia delegates for a bicameral legislative branch. The plan was drafted by James Madison while he waited for a quorum to assemble at the Constitutional Convention of 1787. The Virginia Plan was notable for its role in setting the overall agenda for debate in the convention and, in particular, for setting forth the idea of population-weighted representation in the proposed national legislature.

4

What was the New Jersey Plan?

a proposal for the structure of the United States Government presented by William Paterson at the Constitutional Convention on June 15, 1787.[1] The plan was created in response to the Virginia Plan, which called for two houses of Congress, both elected with apportionment according to population.[2] The less populous states were adamantly opposed to giving most of the control of the national government to the more populous states, and so proposed an alternative plan that would have kept the one-vote-per-state representation under one legislative body from the Articles of Confederation. The New Jersey Plan was opposed by James Madison and Edmund Randolph (the proponents of the Virginia Plan).

5

What are the Federalist Papers?

The Federalist is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution.

6

What is the amendment process contained within Article V of the U.S. Constitution?

Amendments may be adopted and sent to the states for ratification by either:
-Two-thirds (supermajority) of both the Senate and the House of Representatives of the United States Congress
OR
-By a national convention assembled at the request of the legislatures of at least two-thirds (at present 34) of the states.
-To become part of the Constitution, an amendment must be ratified by either (as determined by Congress):
-The legislatures of three-fourths (at present 38) of the states;
OR
-State ratifying conventions in three-fourths (at present 38) of the states.

7

What is original intent?

is a theory in law concerning constitutional and statutory interpretation. What did the framers originally what to achieve with the statute.

8

What is a writ of ceritorari?

orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to pick most of the cases that it hears.

9

What is a original jurisdiction?

court's power to hear and decide a case before any appellate review.

10

What is appellate jurisdiction?

the power of a court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right.

11

What is precedent, or stare decisis?

legal principle by which judges are obliged to respect the precedent established by prior decisions.

12

What is a rule of four?

The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket.

13

Discuss the political environment leading to the Court's decision in Marbury v. Madison. How did Chief Justice John Marshall secure the power of judicial review?

-Federalist and Anti-Fed. were competing for power
-Federalist wanted to seek revenge on Thomas Jefferson and Madison for not delivering commissions
-Marshall secured decision by

14

Discuss the political environment leading to the Court's decision in Marbury v. Madison. How did Chief Justice John Marshall secure the power of judicial review?

-Federalist and Anti-Fed. were competing for power
-Federalist wanted to seek revenge on Thomas Jefferson and Madison for not delivering commissions
-Marshall secured decision by

15

Discuss the political environment leading to the Court's decision in Marbury v. Madison. How did Chief Justice John Marshall secure the power of judicial review?

-Federalist and Anti-Fed. were competing for power
-Federalist wanted to seek revenge on Thomas Jefferson and Madison for not delivering commissions
-Marshall secured decision by

16

What is writ of mandamus?

judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act

17

What is mootness?

a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.

18

What is ripeness?

refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all."

19

What is standing to sue?

ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

20

What is the political question doctrine?

question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and decide a legal question, not a political question. Legal questions are deemed to be justiciable, while political questions are nonjusticiable

21

Why does Hamilton refer to the judiciary as the "least dangerous branch"?

no influence over either the sword or the purse, ...It may truly be said to have neither FORCE nor WILL, but merely judgment.

22

Who was Alexander Hamilton?

Secretary of Treasury

23

Meese vs. Brennan Debate Summary

Three Points
-how should justices read the Const.
(M)Original Intent
(B)Interpret to fit todays society
-civil rights and civil liberties the Const. gurantees
(M) Defer to elected branches
(B) Use in flexible way to protect minorities and women
-place of Supreme Court in American Democracy
(M)Jusitices are not elected; they must be restrained
(B) they must sere the values of democracy (equality and inclusion)

24

Who was William Brennan?

Liberal, Irish Catholic, Harvard Law Grad, Eisenhower appt. him associate Justice, NJ SP Court Justice

25

Who was Edwin Meese?

law professor and Regan Lawyer & attorney General

26

Who was Samuel Chase?

Only justice to ever be impeached
Served as Associate Justice of the United States Supreme Court

27

Why was Chase's acquittal in the impeachment trial significant for development of the judiciary?

The impeachment rose questions about the extent of judiciary powers
-His acquittal was important for it ensure independence of the judiciary

28

Discuss the powers and limitations of the U.S. Supreme Court in the political process?

?

29

How do interest groups affect the case selection process of the U.S. Supreme Court? (Calderia and Wright)

Filing of amicus curiae briefs