POTUS
Explain the differences between those who are originalists vs. and those who believe in a living document.
Originalists: staying true to original intent of Constitution (What would the Framers think?)
Living Document: Constitution is "vibrant, flexible"
Judges figure out ways to adapt to contemporary society.
Define Gerrymandering. Bonus points if you can name the required court case dealing with this concept.
manipulating/drawing boundaries of districts in such a way that would advantage a party, group, or candidate. This is where you see all the bizarre shapes and sizes of districts.
Bonus: Shaw v. Reno
Marbury v. Madison solidified what Supreme Court power?
Judicial Review
Explain Judicial Restraint vs. Judicial Activism?
Restraint: refers to judicial rulings suspected of being based on personal or political considerations rather than existing law.
Activism: Judicial restraint encourages judges to limit the exercise of their own power, asserting that judges should strike down laws unless they are obviously unconstitutional.
Who confirms federal judge nominations?
The Senate
Define Redistricting.
Each state determines how to divide electoral district seats by setting new boundaries based on the Census.
Was Brown v. Board of Education restraint or activism? Was it a broad or specific decision?
Activism
Broad
Define Judicial Review.
The power of the courts, especially the Supreme Court, to review and potentially invalidate laws and actions of the legislative and executive branches if they are deemed to be unconstitutional.
Which president created the New Deal Program?
FDR
Who nominates the judges to the court?
The President
Reapportionment is what?
Occurs every ten years, when the Census data population shifts, there are changes in who and where a person will represent.
How did Baker v. Carr come about (background)?
A Tennessee man living in an urban area said that his vote was being diluted because of the very outdated drawing of districts. Those in rural area's votes had much more power and he was not having it.
Dominant judicial philosophy of the "Warren Court"?
Were their decisions popular?
The Warren Court promoted individual liberties and civil rights
Warren Court made extremely broad rulings. Its rulings applied to a wide area and because of this their ruling became very popular(gaining a lot of attention not necessarily positive). It required a number of laws to be changed.
How has the power of the current president changed throughout the years? Bonus points if you can name which president started this trend.
Increased presidential power has been the result of the president seizing the initiative and expanding his own inherent or implied powers.
Roosevelt.
What does Article III empower the SC to do?
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
What does someone who follows the delegate method of voting do?
The view that an elected representative should represent the opinions of his or her constituents.
Explain the Shaw v. Reno case, what the court decided and why it was important.
The Court ruled that claims of racial redistricting must be held to a standard of strict scrutiny. (Race can not be the only factor for modifying a voting district)
Stare Decisis is Latin for what?
Let the decision stand
Name 2 ways that the president leads in foreign policy.
How can Congress check this power?
Acceptable answers: Power of persuasion, Popularity, Commander in Chief, Sign treaties
Congress ratifies treaties.
Name ALL 5 traits that are important during the nomination process.
Religion, Ideology, Experience, Pursuit of Political Support, Race/Ethnicity
Was Texas v. Johnson was an example of judicial review or restraint? Why?
Yes, Texas v. Johnson is an example of judicial restraint. Justice Antonin Scalia, who advocated for textualism, argued that the text of the First Amendment clearly restrained the ability of governments to punish acts of political speech, which included burning the flag.
How would one vote who defines themselves as a politico representative?
Role played by elected representatives who act as trustees or as delegates, depending on the issue.