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 (D)</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 (C)</p> Signup and view all the answers

What establishes federal judges' independence from political pressure?

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

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

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

What does the term 'stare decisis' refer to?

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

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

<p>'Separate but equal' doctrine (C)</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 (B)</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. (A)</p> Signup and view all the answers

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

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

Flashcards

Stare Decisis

The principle that judges follow when they respect the precedent that past judges have set when they decided similar cases so that the law has consistency over time.

Judicial Review

The power of federal courts (especially the US Supreme Court) to determine what the constitution means and to strike down laws that conflict with it.

Judicial Restraint

The belief that, in practicing judicial review, the courts should rarely strike down laws as unconstitutional or reverse past court precedent.

Judicial Activism

The belief that, in practicing judicial review, the courts should feely strike down national or state laws as unconstitutional, especially to protect minorities from abuse.

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Civil Liberties

Protections against abuse by the government (Things the government cannot do to you or deprive you of).

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Civil Rights

Protections from discrimination.

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Equal Protection Clause

The part of the 14th that has been used to protect Civil Rights

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Concurring Opinion

An opinion written by a justice who was in the majority but voted with them for different reasons than the other justices did and wants to explain his own individual reasoning about the case.

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Due Process Clause

The part of the 14th Amendment that has been used to protect civil liberties.

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Selective Incorporation

The process by which the Supreme Court determines that individual protections in the Bill of Rights apply to state governments too, not just the national government.

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Federalist 78

A Supreme Court opinion written by Alexander Hamilton arguing for judicial independence and the power of judicial review.

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Defamation

This sort of speech, which is called slander when it's spoken and written defamation when it's in print, is not protected by the 1st Amendment.

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Actual Malice

In defamation lawsuits, it must be demonstrated that the accused knew they were lying or were recklessly indifferent to whether or not they were lying. This is known as acting with actual malice.

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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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