Podcast
Questions and Answers
What is the main purpose of the American Heritage Series?
What is the main purpose of the American Heritage Series?
What did the Founding Fathers say about the judiciary?
What did the Founding Fathers say about the judiciary?
What is the role of the US Senate in appointing federal judges?
What is the role of the US Senate in appointing federal judges?
What is 'forum-shopping' in the context of the judiciary?
What is 'forum-shopping' in the context of the judiciary?
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What do the Founding Fathers say about the judiciary's power?
What do the Founding Fathers say about the judiciary's power?
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What is the structure of the federal judiciary?
What is the structure of the federal judiciary?
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How many judicial myths do the Founding Fathers say we widely believe in today?
How many judicial myths do the Founding Fathers say we widely believe in today?
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What is the purpose of the judiciary according to the Constitution?
What is the purpose of the judiciary according to the Constitution?
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How do judges get appointed in some states?
How do judges get appointed in some states?
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What is the role of the judiciary in the US government according to the Founding Fathers?
What is the role of the judiciary in the US government according to the Founding Fathers?
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What was the original intention of the founders regarding the power and reach of the Supreme Court?
What was the original intention of the founders regarding the power and reach of the Supreme Court?
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Where did the Supreme Court meet during its first century and a half?
Where did the Supreme Court meet during its first century and a half?
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What was one of Samuel Adams' complaints about the British judiciary?
What was one of Samuel Adams' complaints about the British judiciary?
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How many clauses in the Constitution enabled Congress to prevent lifetime appointments and unaccountable judges?
How many clauses in the Constitution enabled Congress to prevent lifetime appointments and unaccountable judges?
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How long did the entire Supreme Court term last for the first 10 years of its existence?
How long did the entire Supreme Court term last for the first 10 years of its existence?
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What did the Federal Constitution say about the duration of judges' appointments?
What did the Federal Constitution say about the duration of judges' appointments?
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What is true about Article 3 of the Constitution?
What is true about Article 3 of the Constitution?
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When was a separate building built for the Supreme Court?
When was a separate building built for the Supreme Court?
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What is the implication of the phrase 'we the people' in the Constitution?
What is the implication of the phrase 'we the people' in the Constitution?
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What did the founders do 11 years after writing the Declaration of Independence?
What did the founders do 11 years after writing the Declaration of Independence?
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What did the founding fathers say about the judiciary branch?
What did the founding fathers say about the judiciary branch?
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What is true about the length of the articles in the Constitution?
What is true about the length of the articles in the Constitution?
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What is the result of the Supreme Court's legal interpretations?
What is the result of the Supreme Court's legal interpretations?
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When did the Supreme Court begin to meet for nearly nine months out of each year?
When did the Supreme Court begin to meet for nearly nine months out of each year?
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What is the relationship between the branches of government according to the founding fathers?
What is the relationship between the branches of government according to the founding fathers?
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What did Samuel Adams and the Americans complain about with regards to British judges?
What did Samuel Adams and the Americans complain about with regards to British judges?
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What did the founders do to address the issue of taxation without representation?
What did the founders do to address the issue of taxation without representation?
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How long did the Supreme Court occupy the vacated Senate chambers?
How long did the Supreme Court occupy the vacated Senate chambers?
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What is the implication of the Constitution's provision for judges' appointments?
What is the implication of the Constitution's provision for judges' appointments?
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What did the author of the passage say about the Supreme Court's decisions?
What did the author of the passage say about the Supreme Court's decisions?
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Who was the third Chief Justice of the Supreme Court?
Who was the third Chief Justice of the Supreme Court?
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What did Oliver Ellsworth believe were the primary objects of government?
What did Oliver Ellsworth believe were the primary objects of government?
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According to Oliver Ellsworth, what institutions are eminently useful and important for promoting good morals?
According to Oliver Ellsworth, what institutions are eminently useful and important for promoting good morals?
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What did the author of the text say is the best protector of minority rights?
What did the author of the text say is the best protector of minority rights?
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What was the outcome of the 13th Amendment?
What was the outcome of the 13th Amendment?
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What was the original requirement for voting age in the United States?
What was the original requirement for voting age in the United States?
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What is the author's criticism of the Supreme Court?
What is the author's criticism of the Supreme Court?
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What is the author's view on the role of the people in protecting minority rights?
What is the author's view on the role of the people in protecting minority rights?
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What is the implication of the author's statement that 'we the people who know what we feel'?
What is the implication of the author's statement that 'we the people who know what we feel'?
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What is the author's view on the role of the Supreme Court in protecting minority rights?
What is the author's view on the role of the Supreme Court in protecting minority rights?
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What was the fundamental principle of the Constitution, according to George Washington and Thomas Jefferson?
What was the fundamental principle of the Constitution, according to George Washington and Thomas Jefferson?
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What was the role of the Supreme Court, according to the Constitution?
What was the role of the Supreme Court, according to the Constitution?
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Who was appointed to the Supreme Court by President James Madison?
Who was appointed to the Supreme Court by President James Madison?
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What was Joseph Story's view on the relationship between Christianity and civil government?
What was Joseph Story's view on the relationship between Christianity and civil government?
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What did the First Amendment prohibit, according to Joseph Story?
What did the First Amendment prohibit, according to Joseph Story?
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What was the general sentiment in America at the time of the adoption of the Constitution and the First Amendment?
What was the general sentiment in America at the time of the adoption of the Constitution and the First Amendment?
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What was the purpose of the Constitution, according to George Washington and Thomas Jefferson?
What was the purpose of the Constitution, according to George Washington and Thomas Jefferson?
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What did Joseph Story believe about the relationship between Christianity and American law?
What did Joseph Story believe about the relationship between Christianity and American law?
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What was Joseph Story's view on the importance of Christianity to civil government?
What was Joseph Story's view on the importance of Christianity to civil government?
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What did the law recognize, according to Joseph Story?
What did the law recognize, according to Joseph Story?
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What was Abraham Lincoln's response to the US Supreme Court regarding slavery?
What was Abraham Lincoln's response to the US Supreme Court regarding slavery?
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What was John Quincy Adams doing when he appeared before the Supreme Court in 1841?
What was John Quincy Adams doing when he appeared before the Supreme Court in 1841?
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Who appoints federal marshals?
Who appoints federal marshals?
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According to the passage, what is the relationship between federal marshals and the President?
According to the passage, what is the relationship between federal marshals and the President?
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What did Andrew Jackson say in response to John Marshall's opinion?
What did Andrew Jackson say in response to John Marshall's opinion?
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What is the significance of the La Amistad case?
What is the significance of the La Amistad case?
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What is the main point of the passage?
What is the main point of the passage?
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What is the significance of John Quincy Adams' final words before the Supreme Court?
What is the significance of John Quincy Adams' final words before the Supreme Court?
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What is the implication of the passage regarding the power of the judiciary?
What is the implication of the passage regarding the power of the judiciary?
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What is the main idea of the passage regarding the relationship between the branches of government?
What is the main idea of the passage regarding the relationship between the branches of government?
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What was Joseph's belief regarding Christianity's influence in society?
What was Joseph's belief regarding Christianity's influence in society?
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What is the common misconception about the Supreme Court's decisions?
What is the common misconception about the Supreme Court's decisions?
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What do the Federalist Papers say about the capability of determining constitutionality?
What do the Federalist Papers say about the capability of determining constitutionality?
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What is the title of every Supreme Court decision?
What is the title of every Supreme Court decision?
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What is the significance of the Supreme Court's opinion on constitutionality?
What is the significance of the Supreme Court's opinion on constitutionality?
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What did some historical figures like Andrew Jackson and Abraham Lincoln believe about the Supreme Court's opinion?
What did some historical figures like Andrew Jackson and Abraham Lincoln believe about the Supreme Court's opinion?
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What is the common misconception about the judiciary's power?
What is the common misconception about the judiciary's power?
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What do the Founding Fathers say about the relationship between the judiciary and the other branches of government?
What do the Founding Fathers say about the relationship between the judiciary and the other branches of government?
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What would happen if Congress passed a law that the Supreme Court deemed unconstitutional?
What would happen if Congress passed a law that the Supreme Court deemed unconstitutional?
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What is the significance of the phrase 'all power emanates from this building' in the context of the US Supreme Court?
What is the significance of the phrase 'all power emanates from this building' in the context of the US Supreme Court?
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Samuel Adams was one of the leaders in complaining about the British judiciary in 1775.
Samuel Adams was one of the leaders in complaining about the British judiciary in 1775.
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The Constitution allows lifetime appointments of judges.
The Constitution allows lifetime appointments of judges.
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The Founding Fathers intended for the judiciary to be one of the three co-equal branches of government.
The Founding Fathers intended for the judiciary to be one of the three co-equal branches of government.
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The legal interpretations of the Supreme Court are not the final determiner of policies affecting American citizens' daily lives.
The legal interpretations of the Supreme Court are not the final determiner of policies affecting American citizens' daily lives.
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The Constitution allows Congress to prevent lifetime appointments and unaccountable judges through six clauses.
The Constitution allows Congress to prevent lifetime appointments and unaccountable judges through six clauses.
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The Federal Constitution says that judges have lifetime appointments.
The Federal Constitution says that judges have lifetime appointments.
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The phrase 'we the people' in the Constitution implies that the people are in charge of all three branches of government.
The phrase 'we the people' in the Constitution implies that the people are in charge of all three branches of government.
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The Founding Fathers intended for the judiciary to be accountable to the people.
The Founding Fathers intended for the judiciary to be accountable to the people.
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The Supreme Court's decisions are equivalent to the Constitution.
The Supreme Court's decisions are equivalent to the Constitution.
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The Constitution provides a way to change judicial decisions without having to amend the Constitution.
The Constitution provides a way to change judicial decisions without having to amend the Constitution.
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The Supreme Court was intended to be the weakest branch of the US government.
The Supreme Court was intended to be the weakest branch of the US government.
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The Supreme Court has the final say in the laws that affect the daily lives of American citizens.
The Supreme Court has the final say in the laws that affect the daily lives of American citizens.
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The Constitution states that judges have lifetime appointments.
The Constitution states that judges have lifetime appointments.
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The judiciary is equal to the other two branches of government in terms of power.
The judiciary is equal to the other two branches of government in terms of power.
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The Constitution says that the judiciary is accountable to the people.
The Constitution says that the judiciary is accountable to the people.
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The judiciary has the power to make policies and laws.
The judiciary has the power to make policies and laws.
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Judges are elected by the people in all states.
Judges are elected by the people in all states.
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The judiciary has two levels: federal and state.
The judiciary has two levels: federal and state.
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The Supreme Court's decisions are always final and cannot be appealed.
The Supreme Court's decisions are always final and cannot be appealed.
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The Founding Fathers intended for the judiciary to be a policymaking body.
The Founding Fathers intended for the judiciary to be a policymaking body.
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George Washington and Thomas Jefferson believed that the will of the majority should prevail in policy making.
George Washington and Thomas Jefferson believed that the will of the majority should prevail in policy making.
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The Supreme Court's purpose is to protect the rights of the majority.
The Supreme Court's purpose is to protect the rights of the majority.
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Joseph Story was appointed to the Supreme Court by President Thomas Jefferson.
Joseph Story was appointed to the Supreme Court by President Thomas Jefferson.
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The First Amendment prohibits the establishment of a national religion.
The First Amendment prohibits the establishment of a national religion.
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Joseph Story believed that Christianity and American law were separate entities.
Joseph Story believed that Christianity and American law were separate entities.
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The Constitution's purpose is to ensure the will of the minority prevails in policy making.
The Constitution's purpose is to ensure the will of the minority prevails in policy making.
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Joseph Story was committed to the principles of Christianity throughout his legal career.
Joseph Story was committed to the principles of Christianity throughout his legal career.
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The Supreme Court was designed to protect the rights of the majority.
The Supreme Court was designed to protect the rights of the majority.
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Joseph Story believed that the law should be separated from Christian principles.
Joseph Story believed that the law should be separated from Christian principles.
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The Constitution's purpose is to ensure the protection of minority rights.
The Constitution's purpose is to ensure the protection of minority rights.
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The Supreme Court met in a separate building from the beginning of its existence.
The Supreme Court met in a separate building from the beginning of its existence.
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The founders of the US intended for the Supreme Court to have a major role in shaping policy in the nation.
The founders of the US intended for the Supreme Court to have a major role in shaping policy in the nation.
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The entire Supreme Court term lasted for nearly nine months out of each year during its first 10 years.
The entire Supreme Court term lasted for nearly nine months out of each year during its first 10 years.
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The Constitution prohibits taxation without representation.
The Constitution prohibits taxation without representation.
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The founders of the US wrote the Declaration of Independence 11 years before writing the Constitution.
The founders of the US wrote the Declaration of Independence 11 years before writing the Constitution.
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The Supreme Court bounced around from location to location during its first century and a half.
The Supreme Court bounced around from location to location during its first century and a half.
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The Supreme Court was designed to be a self-policing body.
The Supreme Court was designed to be a self-policing body.
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Article 1 of the Constitution is the shortest of the three articles.
Article 1 of the Constitution is the shortest of the three articles.
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The Supreme Court met for six to eight weeks a year during its first 50 years.
The Supreme Court met for six to eight weeks a year during its first 50 years.
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The founders of the US intended for the judiciary to be the primary source of justice.
The founders of the US intended for the judiciary to be the primary source of justice.
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The Supreme Court finally found a permanent home in the basement of the US Senate.
The Supreme Court finally found a permanent home in the basement of the US Senate.
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Oliver Ellsworth was the second Chief Justice of the Supreme Court.
Oliver Ellsworth was the second Chief Justice of the Supreme Court.
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According to Oliver Ellsworth, good morals are essential for the promotion of peace, order, and prosperity in society.
According to Oliver Ellsworth, good morals are essential for the promotion of peace, order, and prosperity in society.
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The Supreme Court is the best protector of minority rights.
The Supreme Court is the best protector of minority rights.
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The 13th Amendment to the Constitution was passed by a simple majority in Congress.
The 13th Amendment to the Constitution was passed by a simple majority in Congress.
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The Constitution originally set the minimum voting age at 18.
The Constitution originally set the minimum voting age at 18.
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The Supreme Court has consistently protected minority rights throughout history.
The Supreme Court has consistently protected minority rights throughout history.
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Oliver Ellsworth believed that the legislature should not aid or protect religious institutions.
Oliver Ellsworth believed that the legislature should not aid or protect religious institutions.
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The author believes that the Supreme Court is the most important protector of minority rights.
The author believes that the Supreme Court is the most important protector of minority rights.
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The Constitution was written to protect the rights of the majority.
The Constitution was written to protect the rights of the majority.
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The author believes that the Supreme Court has the final say in interpreting the Constitution.
The author believes that the Supreme Court has the final say in interpreting the Constitution.
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Abraham Lincoln ended slavery in Washington DC.
Abraham Lincoln ended slavery in Washington DC.
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John Quincy Adams argued a case before the Supreme Court in 1841.
John Quincy Adams argued a case before the Supreme Court in 1841.
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The Supreme Court has the power to enforce its opinions.
The Supreme Court has the power to enforce its opinions.
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Federal marshals work for federal judges.
Federal marshals work for federal judges.
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Andrew Jackson believed the Supreme Court's opinions were binding.
Andrew Jackson believed the Supreme Court's opinions were binding.
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The Constitution gives the Supreme Court the power to make laws.
The Constitution gives the Supreme Court the power to make laws.
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Congress can appropriate funds to enforce Supreme Court decisions.
Congress can appropriate funds to enforce Supreme Court decisions.
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The President appoints federal judges, but they answer to the Supreme Court.
The President appoints federal judges, but they answer to the Supreme Court.
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The Supreme Court has the final say in interpreting the Constitution.
The Supreme Court has the final say in interpreting the Constitution.
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The Supreme Court can declare laws passed by Congress unconstitutional.
The Supreme Court can declare laws passed by Congress unconstitutional.
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The Supreme Court is the final determiner of the policies that affect the daily lives of American citizens.
The Supreme Court is the final determiner of the policies that affect the daily lives of American citizens.
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Joseph Story believed that Christianity should be excluded from the government's fear and the public arena.
Joseph Story believed that Christianity should be excluded from the government's fear and the public arena.
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The title of every single Supreme Court decision since 1789 says 'The Law of the Court'.
The title of every single Supreme Court decision since 1789 says 'The Law of the Court'.
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The Supreme Court is the only branch of government that can determine constitutionality.
The Supreme Court is the only branch of government that can determine constitutionality.
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The founding fathers intended for the Supreme Court to have more power than the other branches of government.
The founding fathers intended for the Supreme Court to have more power than the other branches of government.
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The Supreme Court's decisions are always considered law and are never questioned by the other branches of government.
The Supreme Court's decisions are always considered law and are never questioned by the other branches of government.
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The judiciary is the most in-touch branch of government with the average person.
The judiciary is the most in-touch branch of government with the average person.
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The founding fathers believed that the Supreme Court's opinions were equal to law.
The founding fathers believed that the Supreme Court's opinions were equal to law.
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The Supreme Court has the final say in determining the constitutionality of laws.
The Supreme Court has the final say in determining the constitutionality of laws.
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The founding fathers intended for the Supreme Court to be the highest power in the land.
The founding fathers intended for the Supreme Court to be the highest power in the land.
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Study Notes
The Supreme Court's Role
- The Supreme Court's rulings have deviated from the original intent of the Founding Fathers.
- The Court's power has grown, and its decisions are now seen as the final determiner of policies affecting American citizens.
The Founding Fathers' Intent
- The Founding Fathers saw the judiciary as the weakest branch of government, intended to be controlled by the other two.
- They believed that judges should not have lifetime appointments and should be accountable to the people.
- The Constitution was designed to ensure that the will of the people prevails, not to protect the minority from the majority.
The Structure of the Judiciary
- The judiciary exists at two levels: federal and state.
- Federal judges are appointed by the President and confirmed by the US Senate, while state judges are either appointed by the governor or elected by the people.
- There are multiple levels of courts, with the Supreme Court being the highest.
The Founding Fathers' Views on Judges
- Samuel Adams was one of the leaders who complained about the British judicial system, citing lifetime appointments and unaccountability to the people.
- The Founding Fathers gave Congress tools to prevent judges from having lifetime appointments and being unaccountable.
- The Constitution does not provide for three co-equal branches of government; instead, the judiciary is meant to be the weakest.
Historical Figures
- Oliver Ellsworth, the third Chief Justice of the Supreme Court, believed that the legislature should support religious institutions and promote good morals.
- Joseph Story, a US congressman and Supreme Court Justice, was committed to the principles of Christianity and believed that American law and legal practices should not be separated from Christian principles.
The Role of the Majority
- The best protector of minority rights is the majority, as seen in the abolition of slavery and the granting of women's suffrage.
- The majority has consistently defended minority rights, better than the courts have.
Constitutional Amendments
-
The Constitution has been amended to protect minority rights, such as the 13th Amendment to abolish slavery and the 19th Amendment to grant women's suffrage.
-
The Constitution was designed to ensure that the will of the people prevails, not to give the Supreme Court final authority.### Separation of Powers
-
The founding fathers intended to separate powers among the three branches of government, but over time, the judiciary has gained more power than intended.
The Supreme Court's Power
- The Supreme Court's decisions are labeled as "the opinion of the Court," not "the law of the Court."
- The Court's opinions are not necessarily law; they are subject to interpretation and can be overridden by the other branches.
The Founding Fathers' Intent
- The founding fathers believed that all three branches of government are capable of determining constitutionality.
- The president, Congress, and the courts are all sworn to uphold the Constitution and can interpret its meaning.
Presidential Disagreement with the Court
- Presidents like Andrew Jackson and Abraham Lincoln have disagreed with the Supreme Court's opinions and refused to enforce them.
- Jackson, in particular, went against the Court's decision, ending slavery in Washington D.C. despite the Court's opposition.
The Case of La Amistad
- In 1841, John Quincy Adams argued the case of La Amistad, a Spanish slave trading ship, before the Supreme Court.
- Adams reminisced about his life and offered a prayer for the justices, highlighting the changes he had seen during his long life.
The Limits of the Judiciary
- The courts can render decisions, but they do not have the power to enforce them; that power lies with the executive branch.
- Federal marshals, who are responsible for enforcing court orders, answer to the president, not the courts.
Congressional Oversight
- Congress can limit the judiciary's power by withholding funding for certain actions, such as removing the Ten Commandments from courthouses.
Rediscovering American Heritage
- To restore the balance of power, Americans must rediscover their heritage and understand the original intentions of the founding fathers.
- By studying history and the Constitution, Americans can take back control and limit the judiciary's power.
The Supreme Court's Role
- The Supreme Court's rulings have deviated from the original intent of the Founding Fathers.
- The Court's power has grown, and its decisions are now seen as the final determiner of policies affecting American citizens.
The Founding Fathers' Intent
- The Founding Fathers saw the judiciary as the weakest branch of government, intended to be controlled by the other two.
- They believed that judges should not have lifetime appointments and should be accountable to the people.
- The Constitution was designed to ensure that the will of the people prevails, not to protect the minority from the majority.
The Structure of the Judiciary
- The judiciary exists at two levels: federal and state.
- Federal judges are appointed by the President and confirmed by the US Senate, while state judges are either appointed by the governor or elected by the people.
- There are multiple levels of courts, with the Supreme Court being the highest.
The Founding Fathers' Views on Judges
- Samuel Adams was one of the leaders who complained about the British judicial system, citing lifetime appointments and unaccountability to the people.
- The Founding Fathers gave Congress tools to prevent judges from having lifetime appointments and being unaccountable.
- The Constitution does not provide for three co-equal branches of government; instead, the judiciary is meant to be the weakest.
Historical Figures
- Oliver Ellsworth, the third Chief Justice of the Supreme Court, believed that the legislature should support religious institutions and promote good morals.
- Joseph Story, a US congressman and Supreme Court Justice, was committed to the principles of Christianity and believed that American law and legal practices should not be separated from Christian principles.
The Role of the Majority
- The best protector of minority rights is the majority, as seen in the abolition of slavery and the granting of women's suffrage.
- The majority has consistently defended minority rights, better than the courts have.
Constitutional Amendments
-
The Constitution has been amended to protect minority rights, such as the 13th Amendment to abolish slavery and the 19th Amendment to grant women's suffrage.
-
The Constitution was designed to ensure that the will of the people prevails, not to give the Supreme Court final authority.### Separation of Powers
-
The founding fathers intended to separate powers among the three branches of government, but over time, the judiciary has gained more power than intended.
The Supreme Court's Power
- The Supreme Court's decisions are labeled as "the opinion of the Court," not "the law of the Court."
- The Court's opinions are not necessarily law; they are subject to interpretation and can be overridden by the other branches.
The Founding Fathers' Intent
- The founding fathers believed that all three branches of government are capable of determining constitutionality.
- The president, Congress, and the courts are all sworn to uphold the Constitution and can interpret its meaning.
Presidential Disagreement with the Court
- Presidents like Andrew Jackson and Abraham Lincoln have disagreed with the Supreme Court's opinions and refused to enforce them.
- Jackson, in particular, went against the Court's decision, ending slavery in Washington D.C. despite the Court's opposition.
The Case of La Amistad
- In 1841, John Quincy Adams argued the case of La Amistad, a Spanish slave trading ship, before the Supreme Court.
- Adams reminisced about his life and offered a prayer for the justices, highlighting the changes he had seen during his long life.
The Limits of the Judiciary
- The courts can render decisions, but they do not have the power to enforce them; that power lies with the executive branch.
- Federal marshals, who are responsible for enforcing court orders, answer to the president, not the courts.
Congressional Oversight
- Congress can limit the judiciary's power by withholding funding for certain actions, such as removing the Ten Commandments from courthouses.
Rediscovering American Heritage
- To restore the balance of power, Americans must rediscover their heritage and understand the original intentions of the founding fathers.
- By studying history and the Constitution, Americans can take back control and limit the judiciary's power.
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Description
Discover the role and authority of the Supreme Court and the judicial branch of the US government, and how it differs from its intended purpose. Explore the surprising history of the American heritage series.