The Supreme Court
Why is the Supreme Court hesitant to rule on cases that it deems belongs within the other two branches?
Ruling on such cases may reduce its legitimacy in the eyes of the American public
What is the exclusionary rule and what case established it?
Evidence obtained without a warrant can not be used against the accused in trial
Weeks v. U.S (1922)
What amendment defines U.S. birthright citizenship?
The 14th amendment
What is "substantive due process" and which case defined it?
Constitutionally protected freedoms not explicitly enumerated within the constitution.
Meyer v. Nebraska (1923)
False. SCOTUS needs help from the other two branches in order to enforce its rulings.
What concept was used in Loving v. Virgina (1967) and Obergefell v. Hodges (2015) to expand the freedom to marry?
Substantive due process
What are your Miranda rights?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you."
Why was the 1965 Voting Rights Act deemed constitutional via South Carolina v. Katzenbach (1966)?
The historical pattern of discrimination allowed Congress to pass legislation to prevent such racial discrimination via the Enforcement Clause of the 15th amendment.
What is the current framework used to determine if state laws are constitutional in accordance to abortion?
The Undue Burden Framework: Laws put in place that place an undue burden on a woman seeking an abortion are unconstitutional
Chiefs Justices care about their historical prestige. Ruling bad on a notable case may reduce such.
Why did Dredd Scott not have standing in Scott v. Sandford (1857)?
The constitution did not consider black Americans as U.S. citizens; therefore, Dredd Scott could not bring a case in the federal courts.
Why did SCOTUS put the death penalty moratorium in place in 1972 via Furman v. Georgia?
States were arbitrarily using the death penalty; thus, SCOTUS ordered states to revise their statutes to create a systematic method for applying the death penalty
What is the Baake doctrine in accordance to the constitutionality of affirmative action programs?
How does Griswold v. Connecticut (1965) expand substantive due process?
Griswold v. Connecticut expands the "privacy space" of marriage and the patient-doctor relationship in which the government can't intervene.
What is the importance of Baker v. Carr (1962)?
The Court ruled on a case it had largely deemed as too political, opening up the ability for future challenges to districts that are shaped on other characteristics
What is a bifurcate trial and why is it important according to Blakely v. Washington (2004)?
A bifurcate trial is a trial separated into (1) the hearing phase and (2) the sentencing phase.
In relation to Blakely v. Washington (2004), the majority asserted that the jury determines the validity of evidence while the judge determines the sentence based on evidence determined by the jury. The judge can't make take into evidence that the jury has not heard into a sentence.
What was the effect of the US v. Leon (1984) in accordance to the exclusionary rule?
Evidence obtained by law enforcement in "good faith" was an exception to the exclusionary rule.
What constitutional clause allowed Congress to prevent racial discrimination within private businesses?
Heart of Atlanta Motel v. USA (1964)
What is the framework used in Roe v. Wade to determine when it is legal for a woman to seek an abortion with no interference from the federal government?
The Trimester Framework: A woman can seek an abortion during the first trimester of her pregnancy
What is strict scrutiny?
A policy that places undue burdens on a citizen must have a substantial government interest to be found constitutional
Whom are the current nine justices of SCOTUS?
(1) Chief Justice John Roberts
(2) Clarence Thomas
(3) Ruth Bader Ginsburg
(4) Stephen Breyer
(5) Samuel Alito
(6) Sonia Sotomayor
(7) Elena Kagan
(8) Neil Gorsuch
(9) Brett Kavanaugh
What is the two-pronged test to determine if one's counsel was effective? What case defined this test?
(1) Substantial evidence that counsel didn't make an effort to represent client (2) if a different strategy by the counsel would have overturned the ruling.
Strickland v. Washington (1984)
Why were parts of the Voting Rights Act of 1965 found unconstitutional by Shelby Co v. Holder (2013)?
The conditions of the times had changed so much such that the requirement to get governmental approval for new state voting laws placed too much burden on the states it applied to; hence, violating the constitutional doctrine of equal sovereignty.
Which case forced states to recognize divorce decrees from other states and which constitutional clause did it use to do so?
Williams v. North Carolina (1942) and the Full Faith and Credit Clause