Political Questions and Individual Liberties
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Questions and Answers

Does a constitutional challenge to a state's legislative map present a political question?

True (A)

Why or why not?

This is considered a political question because it involves the balance of power between state and federal governments. It’s also related to political considerations such as the fairness of elections.

Did the Framers of the 14th Amendment intend it to apply the Bill of Rights to the States?

False (B)

How strong is Federalism?

<p>Federalism is a system of government in which power is divided between a national government and state governments.</p> Signup and view all the answers

What is the role of the judiciary?

<p>The judiciary is independent and plays a role in interpreting the Constitution.</p> Signup and view all the answers

What was a significant outcome of the judicial review established in Marbury v. Madison?

<p>It allowed the Supreme Court to rule on the constitutionality of legislation. (C)</p> Signup and view all the answers

The Judiciary Act of 1789 played no role in establishing the power of the judicial branch.

<p>False (B)</p> Signup and view all the answers

What role does judicial oversight play in the context of legislation?

<p>Judicial oversight ensures that laws align with constitutional principles.</p> Signup and view all the answers

The outcome of judicial review can fundamentally change a piece of __________.

<p>legislation</p> Signup and view all the answers

Match the following key events to their significance:

<p><em>Marbury v. Madison</em> = Established judicial review Judiciary Act of 1789 = Outlined the judicial branch structure Judicial Oversight = Ensures laws align with the Constitution Constitutional Interpretation = Evolves with political and social contexts</p> Signup and view all the answers

What did the Supreme Court establish in Marbury v. Madison (1803)?

<p>Judicial review (A)</p> Signup and view all the answers

The Constitution explicitly grants the Supreme Court the authority of judicial review.

<p>False (B)</p> Signup and view all the answers

Who was the Chief Justice who wrote the opinion in Marbury v. Madison?

<p>John Marshall</p> Signup and view all the answers

The concept of __________ interprets the Constitution based on the intentions of its framers.

<p>originalism</p> Signup and view all the answers

Which of the following best describes the term 'judicial review'?

<p>The ability to determine the constitutionality of laws (B)</p> Signup and view all the answers

Judicial review has no significant impact on the balance of power between government branches.

<p>False (B)</p> Signup and view all the answers

The Supreme Court is less accountable to __________ compared to Congress and the Executive.

<p>popular opinion</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Judicial review = The power to invalidate laws based on their constitutionality Originalism = Interpreting the Constitution based on the framers' intentions Modernism = Interpreting the Constitution according to evolving societal values Stare decisis = The practice of adhering to precedents in legal decisions</p> Signup and view all the answers

Flashcards

Political Question

A question or issue that a court decides is beyond its power or authority to resolve because it involves policy choices or processes left to other branches of government.

Constitutional Precedent

A prior judicial decision on a similar legal question that serves as a ruling guide in subsequent cases.

Federalism

The division of power between a central government and other regional governments (e.g., States)

Judicial Review

The power of the courts to review laws and government actions, determining if they are constitutional.

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Strict Originalism

A theory of legal interpretation that strictly adheres to the original meaning of the Constitution's words and intent at the time of its adoption.

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Non-interpretivism

Legal interpretation that goes beyond the original meaning of legal text to consider modern values and societal needs.

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Impact of Judicial Review

The power of the courts to examine laws and determine if they're constitutional can drastically affect legislation, potentially narrowing or expanding its scope.

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Judicial Review: Changing Legislation

Judicial review can lead to changes in existing laws, either to address concerns raised by the court or to circumvent its rulings.

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Legislative Response to Judicial Review

Legislation frequently responds to Supreme Court decisions by either addressing concerns raised or seeking to bypass them.

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Marbury v. Madison: Historical Significance

This landmark case established the principle of judicial review, significantly impacting the balance of power between the branches of government.

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Constitutionality in a Changing World

The Supreme Court continuously interprets the Constitution, adapting its meaning to the evolving political and social landscape.

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Marbury v. Madison

A landmark 1803 Supreme Court case that established the power of judicial review, allowing the Court to determine the constitutionality of laws.

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Writ of Mandamus

A court order that compels a government official to perform a duty that they are legally obligated to do.

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Original Jurisdiction

The power of a court to hear a case for the first time, rather than on appeal from a lower court.

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Originalism

A method of interpreting the Constitution that focuses on the original meaning and intent of the framers when it was written.

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Modernism

A method of interpreting the Constitution that considers evolving societal values and modern circumstances.

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Stare Decisis

The principle of following precedent, where judges are guided by previous decisions in similar cases.

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Precedent

A previous legal decision that serves as a guide for similar cases in the future.

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Study Notes

Hypothetical Scenario Questions

  • A state is experiencing significant population changes over decades, resulting in out-of-date and racially disproportionate legislative district maps. Citizens are suing the state to force them to update the map.
  • Does a constitutional challenge to a state's legislative map present a political question?
  • Why or why not?

Incorporation of Individual Liberties

  • With respect to the incorporation of individual liberties, there are two prevailing schools of thought: Incorporationists and Selective incorporationists (A.K.A. Selectivists).
  • Did the Framers of the 14th Amendment intend it to apply the Bill of Rights to the States?
  • How strong is Federalism?
  • What is the role of the Judiciary?

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Description

This quiz explores the political questions surrounding legislative district maps and the impact of the 14th Amendment on individual liberties. Analyze the constitutional challenges related to population shifts and the differing views on the incorporation of the Bill of Rights. Engage with key concepts of Federalism and the role of the Judiciary.

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