Foundations
Where Judicial Power is derived from
What is Article 3, Section 1?
This latin term refers to the legal principle where courts are expected to follow precedents set by previous rulings in similar cases, promoting consistency and predictability in the law.
What is Stare Decisis?
The purpose of the Bill of Rights
What is to protect the individual rights from government over-reach?
No person shall be held for a capital crime unless on an indictment of a Grand Jury is found here.
What is the 5th Amendment?
The 14th Amendment was a product of this process in American history after the Civil War.
What is reconstruction?
The number of US Appellate Courts
What is 13?
In this type of judicial interpretation, a judge looks to the intentions of the framers and ratifiers of the Constitution to shed light on its meaning.
What is a Historical Interpretation?
The right to to due process (regardless of citizenship) is afforded in this ammendment.
What is the 5th Amendment?
This amendment protects individuals from unreasonable search and seizures.
What is the 4th Amendment?
The due process clause is found in the 14th Amendment and this amendment.
What is the 5th Amendment?
The main anti-federalist concern regarding lifetime tenure for the Judiciary (Brutus 15)
What is: lifetime tenure lacks accountability to the electorate and Congress?
From 1953-1969, this liberal court struck down racial segregation laws in Brown v. Board of Education.
What is the Warren Court?
No soldier can be quartered in any house without the consent of the Owner is found here.
What is the 3rd Amendment?
Where the Establishment Clause is found.
What is the 1st Amendment?
A legal doctrine where the Supreme Court, through the Fourteenth Amendment's Due Process Clause, applies specific provisions of the Bill of Rights to state governments on a case-by-case basis, limiting state regulations that might infringe on individual rights.
What is Selective Incorporation?
In this publication, Hamilton states that lifetime tenure is needed to allow impartial rulings
What is Federalist 78?
In this type of judicial interpretation, a judge applies rules established by precedents.
What is a Doctrinal Interpretation?
The right to a speedy trial is found here.
What is the 6th Amendment?
This amendment states that in common law suits over $20, the right to a trial by jury is preserved.
What is the 7th Amendment?
The statement from the 14th Amendment- "Nor shall any State deny to any person within its jurisdiction the equal protection of the laws" is known as this.
What is the Equal Protection Clause?
The ruling in Marbury v Madison expanded SCOTUS power by establishing the principle known as
What is judicial review?
The term meaning that the rulings are based on the interpretation that the Constitution is broad and meant to be interpreted
What is loose constructionist?
In all criminal cases, the accused enjoy the right to be informed of the nature and cause of the accusation is found here.
What is the 6th Amendment?
States have banned the use of lethal injection used for death penalty cases based on what is protected in this Amendment.
What is the Constitution protects against imposing cruel and unusual punishment (8th)?
This was the first selective incorporation case used to protect the freedom of speech.
What is Gitlow v. New York (1925)?