SCOTUS
On the Supreme Court, there is one ____ and eight _____
chief justice; associate justices
Define judicial review
power of the court to interpret the Constitution, declare laws constitutional or unconstitutional
What was the Court's decision in Plessy v. Ferguson?
Separate but equal is constitutional (does not violate the equal protection clause)
Why did southern states require literacy tests?
to keep black citizens from voting without violating the 15th amendment
What is affirmative action?
preferential treatment to those who were traditionally discriminated against
What is a concurring opinion?
an opinion that agrees with the Court's decision
What was the main argument of Federalist 78? (about life tenure)
Justices have life tenure so that they can be independent
Explain the 13th and 15th amendments
13th - abolished slavery
15th - voting rights cannot discriminate by race
Brown did not end segregation in which areas?
Privately-owned and operated places, like restaurants, stores, private schools
What is the status of affirmative action policies in public colleges today?
They are unconstitutional
What is the rule of 4?
at least 4 justices have to agree to hear a case
What is the "original intent" method of interpreting the Constitution?
Interpreting the Constitution as what it meant when it was written
Explain the difference between de jure segregation and de facto segregation
de jure: laws segregate by race
de facto: people voluntarily segregate themselves
What did the Voting Rights Act of 1965 do?
prohibited literacy tests, poll taxes, any laws that restricted the right to vote
Which justices tend to support affirmative action?
liberal justices
Name this philosophy: the Court acknowledges they are not lawmakers, and only declares laws unconstitutional if they clearly conflict with the Constitution
Judicial restraint
What is the "living Constitution" method of interpretation?
Interpreting the Constitution to fit today's society and norms
What was the decision in the case Scott v. Sandford? (two parts)
black people are not citizens; Missouri Compromise is unconstitutional
Describe the two extremes within the black community that MLK referred to.
One extreme is complacent (hopeless, or middle class)
Other extreme is violent, hateful
What was the Court's decision in the Bakke case?
affirmative action is constitutional, but reserving spots for minorities is not
What was the Judiciary Act of 1789?
Federal law that gave the court power to issue a writ of mandamus as a form of original jurisdiction
Explain selective incorporation
What did the Missouri Compromise say?
new states north of the line will be free, south of the line will be slave
What did the Court decide in Shelby County v. Holder?
State and local jurisdictions are no longer required to get approval from the AG or courts to change their voting procedures
Which case decided that affirmative action is unconstitutional?
Students for Fair Admissions v. Harvard / UNC