Term
| What kind of jurisdiction do district courts have? |
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Definition
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|
Term
| There is a ___ component to district courts. |
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Definition
|
|
Term
| What kind of jurisdiction do Courts of Appeal have? |
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Definition
|
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Term
| About how many cases do Courts of Appeal hear each year? |
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Definition
| 8,000; they don't have to give every case a full hearing |
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Term
| How do the Courts of Appeal approach cases? |
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Definition
| they just review the case; no new evidence is introduced |
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Term
| What is the decision-making process for the Courts of Appeal? |
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Definition
| they may or may not hear oral arguments; usually, they issue 'per curiam' opinions |
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Term
| What are 'per curiam' opinions? |
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Definition
| opinions that are usually assigned to a judge who remains anonymous; simply confirm the lower courts' ruling; usually short, unsigned, possibly published |
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Term
| What kind of jurisdiction does the Supreme Court have? |
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Definition
|
|
Term
| What is the predominant jurisdiction used by the Supreme Court? |
|
Definition
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Term
| In what instances does the Supreme Court use original jurisdiction? |
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Definition
| state v. state, cases involving foreign ambassadors, admiralty, etc. |
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Term
| What happened in the Supreme Court case Illinois v. Kentucky? |
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Definition
| the two states were suing each other over where their borders were in the middle of a river; an example of original jurisdiction used in the Supreme Court; a state v. state case |
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Term
| Who is a 'special master?' |
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Definition
| someone appointed by his/her fellow Supreme Court justices to handle a particular case of original jurisdiction (usually these cases are really time-consuming and not worth the time of all the other justices); usually a retired judge who has the capability to handle the caseload; the Supreme Court usually just signs off on what the special master decides |
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Term
| What are the 2 sources of cases for the Supreme Court? |
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Definition
| state supreme courts and Courts of Appeal |
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Term
| In the federal court system, you are guaranteed at least ___ appeal. |
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Definition
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Term
| How can your case move from a state supreme court to the Supreme Court? |
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Definition
| if your case involves a legal question |
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Term
| What is the primary function of courts? |
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Definition
|
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Term
| What is Constitutional interpretation? |
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Definition
| the task of determining the meaning of the Constitution or state constitutions |
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Term
| What is statutory interpretation? |
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Definition
| the task of interpreting statutes or ordinary laws (ex: criminal law, codes, etc.) |
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Term
| What can judicial decisions result in? |
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Definition
| legal precedent; this occurs when the Supreme Court tackles a case based on an issue that has not been touched before; usually this creates the rule other courts are supposed to follow in the future |
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Term
| What does the phrase 'stare decisis' signify? |
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Definition
| the practice of following what has been done before (ex: legal precedent); literally means 'to let the [prior] decision stand' |
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Term
| What is a great example of legal precedent getting overturned? |
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Definition
| Brown v. Board of Education |
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Term
| What happened in Plessy v. Ferguson? |
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Definition
| 1896; the doctrine of separate-but-equal facilities for different races was established; said that in the U.S. you were within your rights to segregate different races as long as the facilities were "equal" |
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Term
| What happened in Brown v. BOE? |
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Definition
| 1954; Plessy v. Ferguson was overturned when the Court declared that the separate-but-equal doctrine was unjust; the word "equal" ended up being too subjective to enforce; even though facilities were 'thought' to be equal, they weren't in actuality |
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Term
| What is the Supreme Court's discretionary docket? |
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Definition
| a list of cases the Supreme Court has on its agenda |
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Term
| Do Courts of Appeal have discretionary dockets? |
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Definition
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Term
| There is a great diagram of the U.S. Court system at the following website: http://www2.maxwell.syr.edu/plegal/scales/court.html |
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Definition
the paths a case can make to the Supreme Court:
(1) U.S. Federal District Courts [94 total] ~> U.S. Federal Court of Appeals [13 total] ~> Supreme Court
(2) Local Trial Courts ~> State Appeals Courts ~> Highest State Court of Appeals ~> Supreme Court
(3) Court of International Trade ~> Supreme Court
(4) Court of Claims ~> Supreme Court
(5) Court of Military Appeals ~> Supreme Court |
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Term
| How many cases does the Supreme Court usually hear each year? |
|
Definition
|
|
Term
| About how many cases does the Supreme Court accept each year, percentage-wise? |
|
Definition
|
|
Term
| Who are the initial gatekeepers of the Supreme Court? |
|
Definition
|
|
Term
| How many law clerks does each justice get? |
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Definition
| 4 (5 if you're the Chief Justice) |
|
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Term
| What is a 'writ of certiorari'? |
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Definition
| a petition for the Supreme Court to hear a particular case; the Supreme Court usually receives around 8,000 of these per year |
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Term
| What is the Supreme Court's 'cert pool?' |
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Definition
| a pool of potential cases the Supreme Court could review; usually cases that are weeded through by the law clerks and are determined to have merit or no merit |
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Term
| What are law clerks looking for when they place writs of certiorari in the Supreme Court's cert pool? |
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Definition
| conflicts within circuits (the Supreme Court is meant to sort through conflicting decisions), cases with 'ripeness' (cases have to be ready for the Court to hear and have to have gone through every possible avenue), cases that apply to a broad base of people (ex: the nation), cases with "mootness" (these cases cannot be irrelevant to the issue they were initially based on) |
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Term
| Does it take a long time for cases to reach the Supreme Court? |
|
Definition
|
|
Term
| What is the Supreme Court's 'discuss list?' |
|
Definition
| a list of cases that the Supreme Court Justices' law clerks decided had merit |
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Term
| What does 'in forma pauperis' signify? |
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Definition
| if you're a prisoner and want to hear your case tried before the Supreme Court, you can file a petition from prison |
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Term
| How do cases get from the 'discuss list' to the Supreme Court's discretionary docket? |
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Definition
| they are voted on by the justices; at least 4 justices have to decide they are interested in reviewing a particular case before it is moved to the docket |
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Term
| What is a 'grant of writ?' |
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Definition
| the Supreme Court decision to ask for lower supreme courts to send a case up |
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Term
| What is the schedule for Supreme Courts to hear cases? |
|
Definition
| they begin in the first Monday of October; they finish in late June |
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Term
| What happens after the Supreme Court hears an oral argument for a case? |
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Definition
| the justices have a conference; they then take an initial vote to see where everyone stands and assign opinion writing |
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Term
| What is a majority opinion? |
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Definition
| 5+ justices on one side; the ruling the court makes, the one that makes precedent |
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Term
| How is it decided who writes the majority opinion? |
|
Definition
| the most senior justice assigns it, unless the Chief Justice is a part of the majority opinion (then he assigns it) |
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Term
| What is a plurality opinion? |
|
Definition
| the opinion that results when there is not a majority of justices in favor of either side; this occurs when the decision is really fragmented |
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Term
| Opinions are circulated because ___. |
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Definition
| justices want the largest majority possible; they don't want justices to disagree with the majority opinion written for them and drop out of the coalition; the larger the majority, the more credible the decision seems to the public |
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Term
| What are collegial courts? How do they differ from trial courts? |
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Definition
| courts that consist of multiple judges who have to work together; trial courts have 1 judge |
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Term
| In a Court of Appeals, how many judges does it take to constitute a majority opinion? |
|
Definition
|
|
Term
| Can cases with plurality opinions set precedent? |
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Definition
| no; they simply decide specific cases |
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Term
| What is a concurring opinion? |
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Definition
| when a justice wants to describe why he agrees with an opinion but also explain his different logic for getting there; the justice writing this opinion agrees with the outcome of the case but has different reasons for doing so |
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Term
| What is a dissenting opinion? |
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Definition
| an opinion that disagrees with both the majority opinion and the plurality opinion |
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Term
| What is the significance of Plessy v. Ferguson's dissenting argument, written by John Marshall Harlan? |
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Definition
| this argument became the basis for the case that overturned the precedent in Brown v. BOE |
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Term
| Why are dissenting arguments important? |
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Definition
| Dissenting arguments may guide the courts in the future! |
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Term
| What are some famous, taboo examples of cronyism in Supreme Court nominations by former presidents? |
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Definition
| Homer Thornberry by Lyndon Johnson (his personal attorney); Harriet Myers by George W. Bush (worked for him in Texas state government) |
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Term
| Why was Harriet Myers' nomination withdrawn so quickly? |
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Definition
| she had no judicial experience; was simply a crony of George W. Bush (worked for him in Texas state government); had a law degree from Southern Methodist, which is not considered to be a very reputable university; her ideology did not satisfy the masses |
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Term
| How did Earl Warren become the chief justice of the Supreme Court? |
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Definition
| a deal was made by Eisenhower during the 1954 presidential nomination process that if Warren did not run for president, and Eisenhower won, he would give Warren the 1st opening; this was not the guy Eisenhower wanted on the bench, but he wanted to be president |
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Term
| Where do district court judges typically come from? |
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Definition
| they are usually trial court judges who rely heavily on senatorial courtesies; senators are VERY much involved in who gets these jobs |
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Term
| Where do judges from Courts of Appeal come from? |
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Definition
| these judges' circuits usually represent more than one state, so their jobs rely much less on senatorial courtesies; in D.C.'s Court of Appeals, the judges are picked by the President |
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Term
| How are Supreme Court justices chosen? |
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Definition
| they are appointed by the President and confirmed by the Senate |
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Term
| How many years do Supreme Court justices typically serve? How many years do lower court judges usually serve? |
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Definition
| 18 (however, one has served up to 37 years); 15; these appointments last a long time! |
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Term
| How can judicial behavior be restrained? |
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Definition
| facts & laws (ex: constitutional law, statutes and administrative regulations, precedent and stare decisis) |
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Term
| How can public opinion influence judicial decision, directly and indirectly? |
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Definition
directly: justices are aware of and respond to public opinion
indirectly: the Court can reflect a change in public opinion over time, which is implemented when justices retire |
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Term
| How can Congress manipulate a court's decision? |
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Definition
| they can give them less money to operate (lower their budget) and/or change their jurisdiction |
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Term
| What is original/legislative intent? Which Supreme Court justice subscribes to this particular type of judicial philosophy? |
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Definition
| the intent of the person who wrote the law in the first place; a law's original meaning; Hugo Black, Antonin Scalia |
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Term
|
Definition
| the plain meaning of words |
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|
Term
| How can logical reasoning be used as a judicial philosophy? |
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Definition
| A. the Constitution is the supreme doctrine of law / B. a particular law is contrary to the Constitution / C. that law is unconstitutional |
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Term
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Definition
| applying precedent to other cases; looking to prior decisions of the Supreme Court to see how to handle a particular matter; 100% of judges find this philosophy acceptable |
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Term
| How often is Supreme Court precedent overturned? |
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Definition
| 2-3 times per term (PRECEDENT IS NOT FLAWLESS!) |
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Term
| Name the different judicial philosophies subscribed to by various justices. |
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Definition
| (1) original intent; (2) textualism; (3) polls of other jurisdictions; (4) logical reasoning; (5) stare decisis; (6) balancing approaches; (7) cost-benefit analysis |
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Term
| How can cost-benefit analysis be used as a judicial philosophy? |
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Definition
| justices can determine how decisions will benefit the court or country; this is getting away from the law |
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Term
| What is judicial review? When was it established? |
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Definition
| the Supreme Court's ability to review the laws passed by Congress to determine whether or not they are constitutional; Marbury v. Madison (1803) - this was the 1st time the Court overturned an act of Congress/struck down a law |
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Term
| What is judicial restraint? |
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Definition
| when courts defer to the elected branches (ex: Congress, the President); justices aren't being activists and are letting law-making bodies do their jobs |
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Term
| What is judicial activism? |
|
Definition
| when the Court goes out of its way to change laws and policy by acting as a "super legislature" that is not elected |
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Term
| Why is legitimacy so important to the Court? |
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Definition
| the Court's decisions have to be respected, because it has neither the power to enforce its own rulings or the budget to carry them out; if it feels its decisions are ignored, the legislative branch will be in trouble |
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Term
| What are the 3 models for judicial decision? |
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Definition
| (1) legal; (2) attitudinal; (3) scientific [strategic/rational choice] |
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|
Term
| What is the oldest, or most traditional, model of judicial decision making? |
|
Definition
|
|
Term
| What is the legal model of judicial decision making? |
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Definition
| it theorizes that judges rely strictly to the law to make their decisions; became popular in the 1960s; describes mechanical jurisprudence (classifying judicial decision-making as almost mechanical) |
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Term
| Who are the legal model's most fervent subscribers? |
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Definition
| judges (they are supposed to be completely neutral, this allows them to be free from accusation of any sort of bias or ideological predispositions), legal scholars, political scientists |
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Term
| What is Dworkin's view concerning the legal model? |
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Definition
| he doesn't think that justices stick strictly to precedent, but they are "pulled" towards it eventually anyway |
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|
Term
| What is Ackerman's view concerning the legal model? |
|
Definition
| judges can depart from precedent whenever society demands that they do so |
|
|
Term
| What is the point of judicial philosophy? |
|
Definition
| to determine how a justice is going to vote (based on his judicial philosophy) on a particular case |
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Term
| Why are Antonin Scalia and Hugo Black so different, even though they subscribe to original intent as their predominant judicial philosophy? |
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Definition
| Scalia = conservative, Black = liberal/conservative?; they both use different sources to base their original intent on (ex: the Constitution, laws, etc.), which can result in conflicting opinions |
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Term
| What was the Mann Act, passed as a result of Sullivan v. Stroop? |
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Definition
| a law that didn't work based on its vague language; basically, it was aimed at outlawing adultery and prostitution; it said that no man could transport a woman across state lines for "immoral purposes"; this law was passed in relation to the commerce power of Congress; it was too vague (adultery and prostitution weren't mentioned explicitly); ultimately it was voided for vagueness |
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Term
| How can a law be voided for vagueness? |
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Definition
| If you look at a law and are unable to tell exactly what it means, it becomes unenforceable. These are grounds for it being voided for vagueness. |
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Term
| Why was the legal model considered to be ineffective by political scientists? |
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Definition
| because it lacked falsifiability; it could not be proven true or false |
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Term
| What are other words for legislative intent? |
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Definition
| original intent, interpretivism, originalism |
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Term
| Why is Bush v. Gore not considered to be precedent-making? |
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Definition
| the Court declared that any other decision concerning an election would probably have different facts and circumstances, resulting in a new decision being made |
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Term
| When a Court is determining whether to fall in line with precedent, they either ___ or ___. |
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Definition
| focus on an underlying principle or place emphasis on distinguishing facts |
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Term
| What does the phrase 'obiter dicta' mean? |
|
Definition
| extra language; these words have no basis in the law and are simply placed in the opinion so the decision can be applied differently in the future if need be |
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|
Term
| What is an example of a Supreme Court case that used 'obiter dicta,' and why was this significant? |
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Definition
| Marbury v. Madison (Chief Justice John Marshall included lots of text concerning why the Court had the power of judicial review); these words were eventually used as part of the law |
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|
Term
| What is the attitudinal model of judicial decision making? |
|
Definition
| a model that claims judges vote based on their ideology (ex: conservative judges vote conservatively, liberal judges vote liberally, moderate judges vote moderately) |
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|
Term
| What is the strategic/rational choice model of judicial decision making? |
|
Definition
| a model that claims judges make a strategic calculation of how they can get as much as they want in the opinion or how their institution can benefit the most from the opinion |
|
|
Term
| Which Supreme Court nominee was found to be smoking pot with his students at Harvard law school? |
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Definition
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|
Term
| Why was Robert Bork defeated in the Senate during his Supreme Court confirmation process? |
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Definition
| Teddy Kennedy (liberal Democrat) got on the floor od the Senate and said that Bork's America consisted of segregated schools and back-alley abortions; Bork was a jerk during his confirmation hearings; Bork had a record of writings during his career as a law professor that were very conservative; Bork argued that Brown v. BOE was wrongly decided |
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Term
| Which Supreme Court nominee was charged with sexual harassment during his confirmation hearings? |
|
Definition
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|
Term
| Who was Clarence Thomas supposed to replace on the bench? Why was this controversial? Was he confirmed? |
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Definition
| Thurgood Marshall (1st black justice appointed, extremely liberal); the president thought that nominating Clarence Thomas to the bench would be suitable in replacing Marshall because of the fact that Thomas was black; however, the two could not have had greater ideological difference (they were polar opposites); he was confirmed 52-48 (the closest vote ever by which a justice was confirmed) |
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Term
| What is a 'stealth nominee?' |
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Definition
| someone who doesn't have much of a written record or work history that can be used for damaging information; this is a popular trend in modern politics--presidents often nominate federal judges to the Supreme Court who have only had a short tenure or none at all on the federal bench |
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Term
| What are the 2 competing views for picking Supreme Court nominees? |
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Definition
| (1) legalistic, (2) political |
|
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Term
| What is the legalistic view for picking Supreme Court nominees? |
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Definition
| you should pick nominees based solely on merit and qualifications, regardless of political ideology (ex: will they be capable as a justice, do they have enough experience, will they be a good judge) |
|
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Term
| What is the political view on picking Supreme Court nominees? |
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Definition
| we should take into consideration the political views and ideology of nominees (because we know that Supreme Court nominees will vote based on their ideologies once nominated) |
|
|
Term
| What percentage of Supreme Court nominations are rejected? |
|
Definition
|
|
Term
| What are some historical reasons nominees for the Supreme Court have been rejected? |
|
Definition
| geographical or regional biases, partisan conflicts, product of bad luck or timing, ordinary politics |
|
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Term
| Who was an "accidental" president? Why did this affect his Supreme Court nominations? |
|
Definition
| John Tyler; he ascended to the presidency and was of a different party than the president he succeeded and the majority of Congress; all these spots open up on the Supreme Court and he can't get them filled; he couldn't get anything done or anyone confirmed |
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Term
| People view the Supreme Court as the vehicle for settling ___. |
|
Definition
|
|
Term
| Who was the first person subjected to confirmation hearings? Why? |
|
Definition
| Harlan Fiske Stone; he was called in to defend his involvement with Wall Street |
|
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Term
| When did confirmation hearings start? When did they become routine? |
|
Definition
|
|
Term
| When did confirmation hearings become televised? Why? |
|
Definition
| 1981; Sandra Day O'Connor was being confirmed as the first female justice and the public was extremely interested |
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Term
| How has the president's level of involvement in the Supreme Court nomination process changed over time? |
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Definition
| since Nixon, presidents have been very involved in the Supreme Court nomination process by picking their nominees instead of letting senators suggest people of having them chosen by the Judicial Department |
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Term
| What is a president's 'short list?' |
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Definition
| a list of Supreme Court nominees that are interviewed by the Justice Department; the Department talks to them about their judicial philosophy before they get the nomination |
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Term
| What is party homogeneity? |
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Definition
| polarization; increasingly over the last 30 years, each party has become increasingly united with itself; the Democratic party is consistently center left to left, while the Republican party is consistently center right to right; before this, there was a lot of diversity within the parties (ex: Rockefeller Republicans, Blue Dog Democrats) |
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Term
| How has the media's role changed in the Supreme Court nomination process? |
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Definition
| interest groups didn’t used to do a lot in the process; now, there is a lot of lobbying to argue why or why not the Senate should confirm a nominee; interest groups can mobilize their supporters |
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Term
| Before sexual harassment allegations concerning Clarence Thomas were made, what was happening at his confirmation hearings? |
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Definition
| women's rights groups were protesting because they felt that confirming Thomas would be a backwards-step for them; they were nervous about his views on abortion |
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Term
| Has political ideology always played a role in the Supreme Court nomination process? |
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Definition
| yes (ex: George Washington appointed 11 justices that were all Federalists to the bench; Thomas Jefferson filled a vacancy with a Democratic-Republican) |
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Term
| Initially, what was the conflict within the Founding Fathers concerning judicial appointments? What was the solution? |
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Definition
| Wilson/Hamilton v. Sherman/Ellsworth: interest groups didn’t used to do a lot in the process; now, there is a lot of lobbying to argue why or why not the Senate should confirm a nominee; interest groups can mobilize their supporters / the Hamilton Plan |
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Term
| What was the Hamilton Plan? Was it successful? |
|
Definition
| president nominates, Senate confirms; presidents have greater knowledge of the country, so they would know who would be best to be nominated; the Senate could be mindful to avoid cronyism and stand as the rational ear; this is the plan we have now (suggested in the 1780s) |
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Term
| How can the federal government limit the power of the Supreme Court? |
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Definition
| even if justices act out of line (ex: they are overtly political or misbehaved), there are other judicial checks and balances; we can pass Constitutional amendments to overturn rulings based on the Constitution’s text; justices can have their jurisdiction reduced or changed; justices can be impeached and removed |
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Term
| Why is it unnecessary for the federal government to limit the power of the federal judiciary in most instances? |
|
Definition
|
|
Term
| What is the amount of votes needed in the Senate to confirm a Supreme Court nominee? |
|
Definition
|
|
Term
| How many people sit on the Judiciary Committee? What is their purpose? |
|
Definition
| 12 senators; they are the first place the nominees are sent before the Senate; this is the beginning of the confirmation process--they are questioned about their political/judicial philosophies before they can proceed with the nomination process |
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Term
| What is the most graceful way to leave the nomination process? When would this prove to be a smart political move? |
|
Definition
| simply withdraw your name from the process; if it looks like you are going to be rejected |
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Term
| What are some causal factors for judicial appointments? (ex: why are they sometimes successful, sometimes unsuccessful) |
|
Definition
| (1) partisanship, (2) context [power of president at time, 1st year = more power], (3) nominal characteristics [race, region, gender, ideology], (4) exhaustion [after Senate has grilled 1st nominee, they won't be as harsh on the 2nd nominee], (5) critical nominations [if a vacancy is filled by a particular nominee, will the dominant ideology of the Court change] |
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|
Term
| How long do confirmation hearings usually take? |
|
Definition
|
|
Term
| When it comes to the issues, what is important in the confirmation hearings? |
|
Definition
| compromise impartiality; nominees should not precommit themselves to one side in controversial issues (ex: this shows a blatantly political side of the nominee) |
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Term
| Through extensive questioning, what ends up being a side effect of the confirmation process? |
|
Definition
| Regardless of its truth or not, extensive questioning ends up painting some nominees to be very extreme in ideology. |
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Term
| There have been no outright rejections concerning Supreme Court nominees since ___. |
|
Definition
|
|
Term
| Are interest groups (good/not good) at getting nominees rejected? |
|
Definition
| not good; they only spur up a bit of excitement and/or controversy at best |
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Term
| Which Chief Justice put in place a lot of the norms that encouraged civility among the justices? |
|
Definition
| Chief Justice John Marshall (Chief Justice Melville Fuller would also be acceptable) |
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Term
| Who started the custom of all justices shaking hands before every conference of the Court? Why? |
|
Definition
| Chief Justice Melville Fuller (late 1800s); to give a symbolic gesture showing that the justices are friendly and cooperative with each other; a show of solidarity in aims or goals, if not views; they might not always agree, but they want what's best for the country |
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Term
| The Court's legitimacy thrives on ___. |
|
Definition
|
|
Term
| What prevents us from knowing what goes on in the Court? |
|
Definition
| a level of secrecy; most of the time, unless you're there, you can't even watch oral arguments; the Court now releases audio recordings of oral arguments (but sparingly) |
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Term
| When law clerks are taking their position as helpers of the Supreme Court, what do they have to sign? |
|
Definition
| a statement staying that they will not discuss with any outside party what happened on their time in the court (a vow of secrecy) |
|
|
Term
| Why is secrecy so important in the Supreme Court? |
|
Definition
| it allows the Justices to have an open discussion within the institution about how the cases should be decided and how the law should be without worrying about the reactions of the public and politicians |
|
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Term
| What are manuscript collections and why are they important? |
|
Definition
| justices may choose to leave their manuscripts to a particular library (the Library of Congress, the library of their alma mater, a presidential library) with time limits set on when they can be read (ex: 50 years after they die, when all their fellow Justices are dead, etc.); these are a way that scholars can learn what happened in the Court; we don’t get these very often for the current Court |
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|
Term
| Which Supreme Court justice burned all of his papers? |
|
Definition
|
|
Term
| Why are justices sometimes uncomfortable sharing their manuscripts with the public? |
|
Definition
| they want the Court to be viewed as a non-political institution in order to preserve its reputation |
|
|
Term
| How is the structure of the Court set up to discourage conflict among its justices? |
|
Definition
| (1) small-group environment (because you have a small group, each of the Justices is able to monitor the behavior of all the other ones; everyone is held accountable for their actions within the institution); (2) iterated interactions (this small group is lasting; they repeatedly interact with each other; they should be forming working relationships with an eye toward the future); (3) counterproductive nature of conflict conflict makes you unable to work or collaborate; this makes the Court inefficient and counterproductive, which will get the Court in trouble; they want to avoid conflict) (4) legitimacy concerns (the Court relies heavily on its legitimacy; the Justices are unable to enforce their decisions; they need Congress and the public to be willing to follow their leadership; if the President ignores their rulings and they’re not respected by Congress, the Court is totally useless as an institution (the Supreme Court has neither the purse nor the sword)) |
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Term
| Why is bargaining important in opinion writing? |
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Definition
| bargaining may occur in opinion assignment, opinion writing, or grant of a writ of certiorari; this is extremely important in getting Justices to sign onto Court decisions, thus making the division in decisions smaller |
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Term
| What is Cooper's 'biographical approach?' |
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Definition
| he uses scholarly biographies to get at information |
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Term
| Originally, the Supreme Court wrote its opinions 'in seratim.' What does this mean? Who ended this practice? |
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Definition
| each justice wrote his own opinion; John Marshall |
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Term
| When Chief Justice John Marshall took over the Court, how did he change the process of opinion writing? |
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Definition
| he stopped the practice of 'in seratim' opinion writing and began writing all of the Court's opinions himself; justices who agreed with him would simply sign on; dissenting opinions at this time were a BIG deal |
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Term
| Which justices were the basis for conflict in the early Supreme Court? |
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Definition
| Chief Justice John Marshall and Justice William Johnson |
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Term
| Which Supreme Court justice paved the way for dissenting opinions? Who was he appointed by? |
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Definition
| Justice William Johnson; Thomas Jefferson (therefore, he was a Democratic-Republican) |
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Term
| What does the term 'riding circuit' refer to? |
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Definition
| the period of time when the justices were traveling circuit to circuit hearing cases |
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Term
| When was judicial review established? Why was this significant? |
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Definition
| Marbury v. Madison (1803); this was significant because it declared an act of Congress to be unconstitutional |
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Term
| What is a 'special master?' |
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Definition
| someone who acts on behalf of the Court; this person hears the cases the Supreme Court doesn’t want to waste its time on; the Court usually just signs off on the Special Master’s decision |
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Term
| True/False: Over time you should see a fairly close relationship between the mood of the country, the laws passed by Congress, and the way that the Court reacts to them. |
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Definition
| true; this happens because the president is replacing justices gradually |
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Term
| What is Robert Dahl's theory on the Supreme Court's role within federal government? |
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Definition
| he made an argument that the Supreme Court props up/reflects the current regime in power |
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Term
| What is the Political Question Doctrine? |
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Definition
| the Court should not participate in political questions; this means that when it comes to Congress, the Court does not get involved in hearing debates about the rules of Congress and the way it does business (ex: : what the committees should look like and what they should be (this is totally up to Congress to decide on its own); filibuster (Senate); rule 22; selection of leadership; party leadership/party caucuses in the House (this is all internal operations, there is nothing in the Constitution about this, the Supreme Court will not get involved in this); how they seat their members; amendments to legislation (the ability offer amendments or not on a bill)) |
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Term
| What is an example of a Constitutional clause that has been explicitly interpreted by the Supreme Court? |
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Definition
| the commerce clause (the Court does not want to see Congress doing too much to overstep executive or judicial authority) |
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Term
| Is the Court fond of the delegation of legislative powers? Explain. |
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Definition
| no; the Court does not allow the executive or legislative branch to give up its power as defined by Article 1 or Article 2; the executive branch cannot do legislative stuff; the legislation cannot do executive stuff |
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Term
| What is executive privilege and immunity? |
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Definition
| executive privilege - the idea that Presidents are entitled to some degree of privacy, secrecy in the carrying out of their executive duties; generally it is the case that presidents are given a wide berth here; executive immunities - presidents generally have legal immunity so they can’t be subject to criminal prosecution (exception: the Nixon case) or civil suits; citizens can’t sue the President in civil court for actions performed while doing his civil duty to govern our country |
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Term
| What are enumerated powers? |
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Definition
| powers that are expressly/specifically laid out, usually in the text of the Constitution |
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Term
| When it comes to ___, the Court will usually defer to the president. |
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Definition
|
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Term
| What are appropriations? Where does this occur in federal government and why? |
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Definition
| appropriations – the raising of money, has to start in the House of Representatives (because this was the branch that was closest to the people; the Founders wanted there to be a measure where they could be held accountable for misusing their powers, such as raising taxes, spending too much, etc.) |
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Term
| What is a line-item veto? |
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Definition
| Congress agreeing to delegate law-making power to the President (you can strike whatever you like from our bill before you pass it; the Court said no to this) |
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Term
| What is a legislative veto? |
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Definition
| one house of Congress could declare the bill to be void (this was a problem because the Constitution says that laws have to pass in both houses, you can’t have just one house change the law) |
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Term
| What is the War Powers Act? Why is it so controversial? |
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Definition
| the War Powers Act says that the president does not have unlimited power to mobilize and use the troops; this was passed in the ‘70s in reaction to Vietnam; the President has 90 days to justify to Congress why he needs troops before bringing them home; many people think that the Courts should step in here because you can’t limit the president’s ability to determine foreign policy; the Courts have not touched this because neither side of this debate has challenged the War Powers Act; they are scared what the Court might do; both sides are afraid of the outcome |
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Term
| Name some checks on the federal judiciary. |
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Definition
| (1) deference/restraint, (2) judicial appointments, (3) constitutional amendments, (4) docket/jurisdiction/impeachment |
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Term
| How many times in our nation's history have constitutional amendments been proposed in order to restrain the Court? |
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Definition
| 5; if the Court makes some constitutional ruling and the Congress or the President are unhappy about it, this is the only power they have to try to overturn it; Congress can also pass new legislation |
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Term
| How many Supreme Court justices have been impeached? Was he removed from the bench? |
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Definition
|
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Term
| How many lower court federal justices have been impeached and removed? |
|
Definition
|
|
Term
| What is the Supreme Court motto? |
|
Definition
| "equal justice under all" |
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Term
| What are the main jobs of the Supreme Court? |
|
Definition
| policy making and judicial discretion |
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Term
| How many nonwhite Supreme Court justices have there been? |
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Definition
| 3 (Thurgood Marshall, Clarence Thomas, Sonia Sotomayor) |
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Term
| How many women Supreme Court justices have there been? |
|
Definition
| 3 (Sandra Day O'Connor, Ruth Bader Ginsburg, Sonia Sotomayor) |
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Term
| The only way to remove a Supreme Court justice is by ___. |
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Definition
|
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Term
| What is the Judiciary Act of 1789? |
|
Definition
| legislation that established the basic structure of the Supreme Court; the Constitution only made the institution itself, legislation had to decide its structure |
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Term
| What was the Judiciary Act of 1801? |
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Definition
| legislation that reduced the number of justices on the Supreme Court (from 6 to 5--never ended up happening); reorganized circuit courts (from 3 to 6) and created new circuit judgeships; reorganized district courts (created 10); granted federal question jurisdiction |
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Term
| What was the Judiciary Act of 1802? |
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Definition
| legislation that reorganized the federal court system, abolishing 3 federal circuit judgeships created in the Midnight Judges Act (a.k.a. Judiciary Act of 1801); not considered precedent because it never happened again |
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Term
| What was the Judiciary Act of 1891? |
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Definition
| legislation that established the U.S. Court of Appeals |
|
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Term
| Name the 9 current Supreme Court justices. |
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Definition
| John Paul Stevens, Sonia Sotomayor, Ruth Bader Ginsburg, Steven Breyer, Anthony Kennedy, John Roberts (Chief Justice), Samuel Alito, Antonin Scalia, Clarence Thomas |
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|
Term
| Who is the current Supreme Court justice? |
|
Definition
| Chief Justice John Roberts |
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Term
| How many justices on the current Supreme Court are Catholic? |
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Definition
|
|
Term
| What is Ackerman's view of judicial decision-making? |
|
Definition
| justices can deviate from precedent when justified by social needs/society's needs |
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Term
| Who introduced the idea of critical nominations? |
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Definition
|
|
Term
| What is the most recent example of a Supreme Court justice dying while serving on the federal judiciary? |
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Definition
|
|
Term
| If you resign from the Supreme Court, do you still get pension? |
|
Definition
| yes, as long as you are eligible ("rule of 80") |
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Term
| Why are S.C. tenure reforms so hard to get passed? |
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Definition
| they require Constitutional amendments |
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Term
| What is the most common suggestion concerning S.C. tenure reform? |
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Definition
| a mandatory retirement age (68-70 years old); in place in almost every state |
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Term
| What is another possible S.C. tenure reform? |
|
Definition
| to make the pension plan sweeter |
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Term
| What is perhaps the most nontraditional proposed S.C. tenure reform? |
|
Definition
| electing S.C. justices; 38 states elect their federal judges |
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Term
| What makes lifetime tenure of S.C. justices so frustrating? |
|
Definition
| life expectancy is now longer, so most justices serve 18 years (one even served 37); presidents are nominating extremely young justices to the federal judiciary that will influence the country long after their own terms |
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Term
| What is the 'rule of 80?' |
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Definition
| this is the rule used to determine pension eligibility for federal judges; a judge's age and years of service on the federal bench have to add up to at least 80 |
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Term
| What senile S.C. justice spurred the Judiciary Act of 1869? |
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Definition
|
|
Term
| Which justice was so senile on the bench, refusing to retire, that his chief justice simply stopped assigning him opinions? |
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Definition
|
|
Term
| Who was the godfather of the attitudinal model? |
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Definition
|
|
Term
| What was the Federalists' pseudonym in the Federalist papers? Who often used this pseudonym? |
|
Definition
|
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Term
| What are some statements Hamilton make about the judiciary in Federalist Papers 78 and 81? |
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Definition
| the judiciary was the least dangerous branch of government; the judiciary had neither power of purse nor sword, so would be passive branch |
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Term
| What was the pseudonym used by the Anti-Federalists? Who commonly wrote under this pseudonym? |
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Definition
|
|
Term
| Who predicted the power of judicial review? |
|
Definition
| Robert Yates, head writer for the Anti-Federalists |
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|
Term
| How many U.S. Courts of Appeal are there? How many authorized judgeships do they have? |
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Definition
|
|
Term
| How many U.S. District Courts are there? How many authorized judgeships? |
|
Definition
|
|
Term
| Do Courts of Appeals have to hear all appeals from district courts? |
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Definition
|
|
Term
|
Definition
| people who believe there's more to law than just written words |
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Term
| Why was the attitudinal model so revolutionary? |
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Definition
| it caused people to doubt judges' motives |
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Term
| Who was the 1st person to gather data using the attitudinal model? |
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Definition
|
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Term
| Who expanded on Pritchett's studies of the attitudinal model, placing justices on a liberal to conservative spectrum? |
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Definition
|
|
Term
| Place our current Supreme Court on a ideological scale, liberal to conservative. |
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Definition
| JPS, SS, RBG, AK, SB, JR, SA, AS, CT |
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Term
| What was Spaeth's (and Rohde's) rationale behind the attitudinal model? |
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Definition
| they care about policy so they'll work to change it, they're satisfied with where they've ended up in their career goals so they have no desire to move on, they have lifetime tenure so they don't need to worry about pleasing the public in order to get reelected, they have the final say in their cases--making them likely to get in the last word they want to get in, they control their docket (they take controversial/interesting cases), impeachment is not really a true threat |
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Term
| Why does the attitudinal work prove ineffective for state judges? |
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Definition
| they face reelection or desire promotion |
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Term
| What are limitations on the attitudinal model? |
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Definition
| (1) application, (2) measurement of ideology/attitudes |
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Term
| When constructing their docket, what is an aggressive grant? |
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Definition
| the S.C. wants to hear a case because they want to overturn a lower-court ruling |
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Term
| Who is the godfather of the rational-choice/strategic model? |
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Definition
|
|
Term
| What was the vote in Brown v. BOE? How did this occur in such a sensational case? |
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Definition
| 9-0; Chief Justice Warren wanted to show NO division of the court; he did this by including language that desegregation should occur with “all deliberate speed” (this was subjective and a compromise) |
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Term
| What judicial decision making model focuses on institutions, not justices' individual preferences? |
|
Definition
| the rational-choice/strategic model |
|
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Term
| Name the articles of the Constitution and their respective branches of government. |
|
Definition
| 1. Legislative - Congress; 2. Executive - President; 3. Judicial - Supreme Court |
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|
Term
| The S.C. DOES get involved in this vague power bestowed upon the legislative branch by the Constitution: |
|
Definition
| the "necessary and proper clause"; Article 1, Section 8 |
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Term
| Which 2 presidents had limitations placed on their executive privilege/immunity? |
|
Definition
|
|
Term
| Why was Nixon's executive privilege revoked? |
|
Definition
| he tried to withhold evidence, claiming "executive privilege", in a criminal trial |
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|
Term
| Why was Clinton's executive immunity voided? |
|
Definition
| because he was not being prosecuted, he was simply being asked to testify (concerning Monica Lewinsky) |
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Term
| Treaties must be approved by ___. |
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Definition
|
|
Term
| What holds the same power as a treaty but does NOT require Senate confirmation? |
|
Definition
|
|
Term
| How is war declared in the U.S.? |
|
Definition
| through Congress; they are the only body who can formally declare war; this has not been done since WWII |
|
|
Term
| Does the President have the power to deploy troops? |
|
Definition
|
|
Term
| Name powers of the executive branch. |
|
Definition
| writing treaties, nominating judges/executive branch officials, recalling Congress, commander-in-chief of the armed forces, the power to veto, the power to pardon |
|
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Term
| Name powers of the legislative branch. |
|
Definition
| approving treaties, confirming judges/executive officials, declaring war, overriding vetoes (2/3rds majority of both houses), writing legislation, financial bills start here *appropriations |
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|
Term
| Name powers of the judicial branch. |
|
Definition
| judicial review, adjudication - settling disputes, legal rule making - establishing precedent, Constitutional interpretation |
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Term
| Who is a 'comptroller general?' |
|
Definition
| someone placed in charge of the budget if the legislature cannot come to an agreement on how to balance the budget; this person would have the ability to take whatever money was raised and do across the board cuts in spending evenly across different agencies so that no agency would allow Congress to go over the budget that came in; they wouldn’t make any decisions about where cuts go); the comptroller general is part of the GAO, the auditing agency of Congress |
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Term
| Why was the use of a comptroller general considered to be unconstitutional? |
|
Definition
| it shows a delegation of legislative power to an executive branch position/official |
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Term
| How are legislators and jurists different? |
|
Definition
| they play entirely different roles in federal government; legislators = make laws, are political, get reelected so turnover is high; jurists = interpret laws, apolitical, have tenure so don't have to respond to public opinion |
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Term
| What does the strategic model propose? |
|
Definition
| justices will use strategic calculations when voting on cases to get what they want |
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|
Term
| What is the main problem with the strategic model? |
|
Definition
| falsifiability - how can you tell if judges are truly maximizing their preferences? |
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|
Term
| When making decisions based on the strategic model, what do judges have to consider? |
|
Definition
| internally: they need to bargain to get the largest majority possible; externally: they cannot make either of the other 2 branches that mad |
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|
Term
| Who popularized the rational choice model? |
|
Definition
|
|
Term
| What Justice resigned out of protest? |
|
Definition
| Curtis; Chief Justice Taney wouldn't let him see majority opinion because he was never willing to join it |
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|
Term
| What is the difference between judicial ideology and judicial philosophy? |
|
Definition
| judicial ideology = political predispositions; tendency to be liberal/conservative; judicial philosophy = a justice's way of deciding cases (literalist, etc.) |
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|
Term
| What are legislative deferrals? |
|
Definition
| within judicial opinions, the Court can include deferrals to legislative power to pass appropriate laws; if court can’t make ruling, can pass off to legislature |
|
|
Term
| What are judicial invitations? |
|
Definition
| within the text of an opinion, the S.C. can invite Congress to revisit the issue to change the law to which they decide |
|
|
Term
| Out of the 13 federal judges impeached, how many were removed? |
|
Definition
|
|
Term
| Lyndon Johnson bribed Goldberg to step down with what job? |
|
Definition
| appointment to ambassador to the U.N. |
|
|
Term
| How was Justice Hunt coerced to step down from the S.C.? |
|
Definition
| Congress authorized a single pension for Justice Hunt before pensions were officially instated (they bribed him to quit) |
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|
Term
| What are amicus curiae briefs? |
|
Definition
| friend of the court;” briefs filed by a group that has interest in the outcome of a case but is not a party (interest groups, etc.) |
|
|
Term
| What is legal sponsorship? |
|
Definition
| pay for lawyers, legal counsel, etc. to help a party in a case (the more common form of participation) |
|
|
Term
| Can Congress lower federal judges' pay? |
|
Definition
|
|
Term
| Can Congress lower the budget of the S.C.? |
|
Definition
|
|
Term
| Why would the S.C. give out judicial invitations? |
|
Definition
| if they want new legislation on an issue; stands as acknowledgement of court that area of law needs work |
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