Podcast
Questions and Answers
Which of the following scenarios best illustrates the concept of judicial activism?
Which of the following scenarios best illustrates the concept of judicial activism?
- The Supreme Court defers to the legislative branch on a matter of economic policy.
- The Supreme Court overturns a state law, arguing that it violates a constitutional principle, thus setting a new legal precedent. (correct)
- The Supreme Court refuses to hear a case, citing a lack of standing by the petitioning party.
- The Supreme Court upholds a long-standing law based on established precedent.
How did the 14th Amendment influence the application of the Bill of Rights?
How did the 14th Amendment influence the application of the Bill of Rights?
- It repealed several provisions of the Bill of Rights deemed outdated.
- It provided a mechanism for the Bill of Rights to be applied to the states. (correct)
- It established new rights not previously mentioned in the Constitution or the Bill of Rights.
- It limited the scope of the Bill of Rights to only apply to the federal government.
In the context of civil liberties and civil rights, which statement accurately describes the difference between the two?
In the context of civil liberties and civil rights, which statement accurately describes the difference between the two?
- Civil liberties protect individuals from government action, while civil rights require government action to ensure equality. (correct)
- Civil liberties are outlined in the Constitution, while civil rights are established through legislative statutes.
- Civil liberties are positive acts of government, while civil rights limit government power.
- Civil liberties are only granted to citizens, while civil rights extend to all residents.
Which of the following scenarios would most likely be evaluated using the Lemon Test established in Lemon v. Kurtzman?
Which of the following scenarios would most likely be evaluated using the Lemon Test established in Lemon v. Kurtzman?
How did the rulings in Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden collectively impact the balance of power in the early United States?
How did the rulings in Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden collectively impact the balance of power in the early United States?
What is the significance of Federalist No. 78?
What is the significance of Federalist No. 78?
Which scenario raises a potential violation of the Fourth Amendment?
Which scenario raises a potential violation of the Fourth Amendment?
A state passes a law requiring public schools to begin each day with a voluntary prayer led by a student. Based on previous Supreme Court rulings, how is this law likely to be viewed?
A state passes a law requiring public schools to begin each day with a voluntary prayer led by a student. Based on previous Supreme Court rulings, how is this law likely to be viewed?
How does judicial restraint differ from judicial activism in interpreting the Constitution?
How does judicial restraint differ from judicial activism in interpreting the Constitution?
Which amendment provides protection against self-incrimination and double jeopardy?
Which amendment provides protection against self-incrimination and double jeopardy?
Flashcards
John Marshall's Impact
John Marshall's Impact
Established the supremacy of courts, legitimacy, and strength of the federal government.
Judicial Review
Judicial Review
The power of the judiciary to review and invalidate laws or acts of government if they conflict with the Constitution.
Judicial Restraint
Judicial Restraint
Seldom uses judicial review, allowing the legislative and executive branches to make policy decisions.
Judicial Activism
Judicial Activism
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Civil Liberties
Civil Liberties
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Civil Rights
Civil Rights
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14th Amendment Impact
14th Amendment Impact
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Lemon Test
Lemon Test
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First Amendment
First Amendment
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Second Amendment
Second Amendment
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Study Notes
- John Marshal established the supremacy, legitimacy, and strength of the federal government through the courts.
- Key cases under John Marshal include:
- Marbury v. Madison, which established judicial review.
- McCulloch v. MD, which affirmed the necessary and proper clause.
- Gibbons v. Ogden, which dealt with interstate commerce and national supremacy.
- These rulings limited the authority of state courts.
- Judicial restraint involves seldom using judicial review, allowing the legislative and executive branches to make policy decisions whenever possible.
- Judicial activism involves overturning laws through judicial review when needed, and potentially creating new policies, where the majority protects the minority.
Civil Liberties, Rights, and the Constitution
- Civil liberties are limitations on government power.
- Civil rights are positive acts taken by the government.
- The U.S. Constitution outlines what the government can do.
- The Bill of Rights outlines what the government cannot do.
- The 14th Amendment suggests extending Bill of Rights protections to the states.
Landmark Court Cases
- Gitlow v. New York is a key case related to the 14th Amendment.
- Engel v. Vitale (1962) prohibits prayer in schools.
- Lemon v. Kurtzman (1971) established a three-part test for laws relating to religion:
- Have a secular purpose
- Neither advance nor inhibit religion
- Not foster excessive government entanglement with religion
- Stone v. Graham is another relevant court case.
First 10 Amendments (Bill of Rights)
- 1st Amendment: Protects freedom of religion, speech, press, assembly, and petition.
- 2nd Amendment: Protects the right to keep and bear arms.
- 3rd Amendment: Restricts the quartering of soldiers in private homes.
- 4th Amendment: Prohibits unreasonable searches and seizures, sets requirements for search warrants based on probable cause.
- 5th Amendment: Sets rules for indictment by grand jury and eminent domain, protects the right to due process, prohibits self-incrimination and double jeopardy.
- 6th Amendment: Protects the right to a speedy public trial by jury, notification of criminal accusations, confrontation of accusers, obtaining witnesses, and retaining counsel.
- 7th Amendment: Provides for the right to a jury trial in civil lawsuits.
- 8th Amendment: Prohibits excessive fines and bail, and cruel and unusual punishment.
- 9th Amendment: States that rights not listed in the Constitution are retained by the people.
- 10th Amendment: States that the federal government has only the powers delegated to it through the Constitution, and all other powers are reserved to the states or the people.
Current Supreme Court Justices
- The current Supreme Court Justices are:
- John Roberts (Chief Justice)
- Clarence Thomas
- Samuel Alito
- Sonia Sotomayor
- Elena Kagan
- Neil Gorsuch
- Brett Kavanaugh
- Amy Coney Barrett
- Ketanji Brown Jackson
Federalist 78
- Federalist 78 is a relevant document for review.
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