Judicial Branch: Structure and Powers
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Questions and Answers

What is the purpose of the Due Process Clause in the 14th Amendment?

  • To protect against unreasonable search and seizure
  • To ensure the fair treatment of individuals under the law (correct)
  • To limit the powers of the federal government
  • To provide freedom of speech protections

    • What is selective incorporation?

  • The Supreme Court's authority over state laws
  • The application of national protections to state governments (correct)
  • The ability of states to create their own legal protections
  • The process of amending the Constitution to include new rights

    • In which case did the Supreme Court establish the 'clear and present danger' test?

  • Federalist 78
  • Schenk v United States (correct)
  • Tinker v Des Moines
  • New York Times Co. v United States

    • Which statement accurately describes actual malice in defamation cases?

    <p>It requires proof that the defendant acted with knowledge of falsity</p> Signup and view all the answers

    What was a significant outcome of New York Times Co. v United States?

    <p>Limited the government's ability for prior restraint on the media</p> Signup and view all the answers

    What establishes federal judges' independence from political pressure?

    <p>Good Behavior</p> Signup and view all the answers

    Which case first established the power of judicial review in the United States?

    <p>Marbury v Madison</p> Signup and view all the answers

    What is the term for an opinion written by a justice who agrees with the majority but for different reasons?

    <p>Concurring Opinion</p> Signup and view all the answers

    What does the term 'stare decisis' refer to?

    <p>The practice of following past decisions</p> Signup and view all the answers

    What was established by the Supreme Court case Plessy v Ferguson?

    <p>'Separate but equal' doctrine</p> Signup and view all the answers

    What action can Congress take if it disagrees with the Supreme Court's interpretation of a law?

    <p>Pass a new law</p> Signup and view all the answers

    What is the distinction between civil liberties and civil rights?

    <p>Civil liberties protect from discrimination; civil rights protect against government abuse.</p> Signup and view all the answers

    What does judicial restraint advocate for in terms of judicial review?

    <p>Rarely overturning laws</p> Signup and view all the answers

    Study Notes

    Judicial Branch: Structure and Powers

    • Federal Judges: Serve during "good behavior," ensuring independence from political pressure.
    • Majority Opinion: Official court decision, derived from 5 of 9 justices' vote.
    • Dissenting Opinion: Minority justices' (4 or less) explanation for disagreement with the majority.
    • Concurring Opinion: Majority justices' separate reasoning, even when agreeing with the outcome.
    • Judicial Review: Power of federal courts (Supreme Court) to interpret the Constitution and invalidate conflicting laws.
    • Marbury v. Madison: Landmark case establishing the power of judicial review.

    Supreme Court Principles and Cases

    • Stare Decisis: Adhering to previous court rulings (precedents) for consistency and predictability.
    • Plessy v. Ferguson: Established "separate but equal" doctrine, leading to segregation.
    • Judicial Restraint: Belief that courts should rarely overturn laws or precedents.
    • Judicial Activism: Belief that courts should freely strike down laws, especially to protect minorities.

    Methods to Limit Supreme Court Decisions

    • Amend the Constitution: Congress and states can alter the Constitution to overturn a decision.
    • Pass a new law: Congress can create a new law that supersedes a court decision.
    • Refuse to enforce: President or Governors can choose not to enforce a court decision.

    Constitutional Protections and Amendments

    • Civil Liberties: Protections against government abuse.
    • Civil Rights: Protections from discrimination.
    • Equal Protection Clause (14th Amendment): Protects civil rights.
    • Due Process Clause (14th Amendment): Protects civil liberties.
    • Selective Incorporation: Process where Bill of Rights protections apply to states.

    First Amendment Issues

    • Defamation: False statements harming someone's reputation (slander/libel). Not protected.
    • Actual Malice: In defamation cases, plaintiff must prove defendant knew statement was false or was reckless.
    • Time, Manner, and Place Restrictions: Constraints on speech to maintain order, applied equally.
    • Schenck v. United States: "Clear and present danger" test (speech restrictions).
    • Tinker v. Des Moines: Students' 1st Amendment rights regarding expressions, like armbands.
    • New York Times Co. v. United States: Limited government ability to prevent publication (prior restraint).

    Historical Background and Supporting Documents

    • Federalist No. 78: Hamilton argued for judicial independence and judicial review.

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    Description

    Test your knowledge on the judicial branch's structure and powers, including the roles of federal judges and key Supreme Court principles. Understand landmark cases like Marbury v. Madison and Plessy v. Ferguson, and the concepts of judicial review, restraint, and activism.

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