Chapter 20 – US Supreme Court and
civil rights definitions
Chief justice – the presiding member of the
supreme court but who holds no additional voting
power to the eight other members of the supreme
court
Associate justice – a member of the supreme court
who is not the chief justice
Appellate court – a court of appeals, accepting
cases for review from the courts beneath it
Original jurisdiction – the right of the supreme
court to be the first court to hear a case in certain
circumstances, rather than a case needing to be an
appeal
Judicial review – the power of the supreme court to
judge actions of the presidential branch or acts of
congress against the constitution. The supreme
court declare these acts or actions
, ‘unconstitutional’ and therefore make them ‘null’
or ‘void’
Swing justice – a justice is the ideological middle of
the nine justices on the US supreme court
Public policy – policy and law created by the
branches of government that have an effect on the
US population
Constitutional rights – the rights that are explicitly
identified within the constitution and its
amendments
Stare decisis – a judicial principle meaning ‘let the
decision stand’ meaning that the justices should
when available adhere to previous court ruling
when making decisions
Imperial judiciary – a judiciary is overly powerful
die to a lack of effective checks and balances
placed on its power
Amicus curiae – ‘friends of the court’ – a brief
submitted by a party with a vested interest in the
case to try to advance their view on the case
decisions
, Affirmative action – a policy which allowed minority
groups to be internationally advantaged in order to
being to correct historic disadvantages
Racial equality – the idea that all races should be
treated equally and be given the same legal, moral
and political opportunities
Chapter 20 – Supreme court & civil rights
Role of supreme court in political
system
Interpret US constitution
o Has original jurisdiction over public officials or
where states are a party
o Mainly receives appellate jurisdiction
o Strict constructionists – literal constitution
interpretation, usually more conservatives
o Loose constructionists – reading between the
lines, usually more liberal
Judicial review – established through Marbury V.
Madison, judiciary can hold other branches of
government to its own interpretation of the
, constitution. Not explicitly granted by the
constitution but ensures branches of government
follow the constitution.
Interpret laws to ensure they’re constitutional
Ensure laws are faithfully applied
To rule on cases involving the constitution, federal
laws, treaties & disputes between states
Judicial activism – differences in interpretation of
the same part of the constitution over a period of
time and can sometimes be the equivalent of
legislation
o Plessy V. Ferguson
o Brown V. Board of Education
Judicial restraint – court follows precedent and
shows judicial restraint, can be challenged and
changed but generally over a long period of time &
several cases.
o If the judiciary used the power of review
excessively or controversially, it may come
under attack from the other two branches
Quasi-legislative body – the supreme court can
overturn politically important decisions made by
lower courts
o Roe V. Wade – as the court decided women
had a right to an abortion, the effect was