GVPT 170 final exam UMD Questions and answers
what Supreme Court case set the stage for Judicial Review?
Marbury V Madison
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Why is it ok for unelected, life tenured judges to decide on the constitutionality of
acts of congress?
create a balanced Political system, less pressure to act on decisions that are temporary,
life tenure insulates them,
Judiciary Act of 1789
created the federal judiciary
Judicial review gives court last word on policy, what are limitations?
constitutional limits, internal organization weakness, subtle ways that congress and the
president can redirect judicial doctrine
why has judicial review worked?
protects civil rights and liberties, widely accepted, role in ensuring each branch
recognizes the limits of its own power, the decisions are not eternal
Under what circumstances should the Supreme Court should be active and strike
state or federal legislation?
If the law is unconstitutional
Why do you think most people associate judicial activism with a liberal court?
Because they are granting more socially liberal rights and liberties, and changing past
legislation that was more conservative
who passed the judiciary act
federalists
trend in first judicial era:
national v state authority
trend in second era of judicial era
govt regulation of economy
trend in third judicial era
civil rights v liberties
nation v state authority era:
least active, unreasonable judicial boundaries, favored national (federalists" necessary
and proper clause gave right to charter bank under John marsh, dred Scott decision
regulating national economy era
primacy of property right, how far natl govt can reach to regulate monopolies, govt
attempted to win public support by regulating industry (railroads). but court was
unsympathetic, court packing, inconsistent decisions
Civil rights and liberties era
preservation of personal freedom, justices sympathetic to realigning power of fed govt,
rebalanced power relationship between fed and state
US v Lopez
struck down legislative as exceeding congress powers under the commerce clause
who/what is explicitly mentioned in the constitution
the Supreme Court
, appellate court
13 courts of appeals, primary county of overseers of judicial doctrine
district court
federal
trial court
state
who can remove a judge
congress can
writ of certiorari
A formal writ used to bring a case before the Supreme Court.
rule of four
if four judges support, writ is granted
amicus curiae
a brief submitted by a "friend of the court"
what does scotus informally rely on to raise alarms about what cases should be
heard?
outside agencies (most prolific= federal govt, via solicitor general)
judicial doctrine
guidelines for district and appellate judges to apply to similar cases
judicial doctrine comes in two forms, what are they?
procedural doctrine and substantive doctrine
procedural doctrine
principle of law that governs how the lower courts do their work
substantive doctrine
Principle that guides judges on which party in a case should prevail--akin to
policymaking.
what do supreme court decisions contain
the vote and the opinion
What is a dissenting opinion?
written by Justices explaining why they are they believe the minority decision
concurring opinion
justices who has unique reasons for supporting majority
judicial recruitment
nomination by president, confirmed by senate
what kind of judges are most likely to be recruited
judges with progmmatic views that are partisan
what have always been more of a presidential prerogative?
appointments to the courts of appeals and supreme court
what vote is needed to confirm a Supreme Court justice
a simple majority in the senate
public opinion
opinions held by private person which govt find it prudent to heed (suggests that all govt
should pay attention)
what is the modern effort to measure, shape and exploit public opinion?
scientific polling and public relations
what have interest group entrepreneurs sought for?
what Supreme Court case set the stage for Judicial Review?
Marbury V Madison
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Why is it ok for unelected, life tenured judges to decide on the constitutionality of
acts of congress?
create a balanced Political system, less pressure to act on decisions that are temporary,
life tenure insulates them,
Judiciary Act of 1789
created the federal judiciary
Judicial review gives court last word on policy, what are limitations?
constitutional limits, internal organization weakness, subtle ways that congress and the
president can redirect judicial doctrine
why has judicial review worked?
protects civil rights and liberties, widely accepted, role in ensuring each branch
recognizes the limits of its own power, the decisions are not eternal
Under what circumstances should the Supreme Court should be active and strike
state or federal legislation?
If the law is unconstitutional
Why do you think most people associate judicial activism with a liberal court?
Because they are granting more socially liberal rights and liberties, and changing past
legislation that was more conservative
who passed the judiciary act
federalists
trend in first judicial era:
national v state authority
trend in second era of judicial era
govt regulation of economy
trend in third judicial era
civil rights v liberties
nation v state authority era:
least active, unreasonable judicial boundaries, favored national (federalists" necessary
and proper clause gave right to charter bank under John marsh, dred Scott decision
regulating national economy era
primacy of property right, how far natl govt can reach to regulate monopolies, govt
attempted to win public support by regulating industry (railroads). but court was
unsympathetic, court packing, inconsistent decisions
Civil rights and liberties era
preservation of personal freedom, justices sympathetic to realigning power of fed govt,
rebalanced power relationship between fed and state
US v Lopez
struck down legislative as exceeding congress powers under the commerce clause
who/what is explicitly mentioned in the constitution
the Supreme Court
, appellate court
13 courts of appeals, primary county of overseers of judicial doctrine
district court
federal
trial court
state
who can remove a judge
congress can
writ of certiorari
A formal writ used to bring a case before the Supreme Court.
rule of four
if four judges support, writ is granted
amicus curiae
a brief submitted by a "friend of the court"
what does scotus informally rely on to raise alarms about what cases should be
heard?
outside agencies (most prolific= federal govt, via solicitor general)
judicial doctrine
guidelines for district and appellate judges to apply to similar cases
judicial doctrine comes in two forms, what are they?
procedural doctrine and substantive doctrine
procedural doctrine
principle of law that governs how the lower courts do their work
substantive doctrine
Principle that guides judges on which party in a case should prevail--akin to
policymaking.
what do supreme court decisions contain
the vote and the opinion
What is a dissenting opinion?
written by Justices explaining why they are they believe the minority decision
concurring opinion
justices who has unique reasons for supporting majority
judicial recruitment
nomination by president, confirmed by senate
what kind of judges are most likely to be recruited
judges with progmmatic views that are partisan
what have always been more of a presidential prerogative?
appointments to the courts of appeals and supreme court
what vote is needed to confirm a Supreme Court justice
a simple majority in the senate
public opinion
opinions held by private person which govt find it prudent to heed (suggests that all govt
should pay attention)
what is the modern effort to measure, shape and exploit public opinion?
scientific polling and public relations
what have interest group entrepreneurs sought for?
