SCOTUS
On the Supreme Court, there is one ____ and eight _____
chief justice; associate justices
What is a concurring opinion?
an opinion that agrees with the Court's decision
What was the Court's decision in Plessy v. Ferguson?
Separate but equal is constitutional (does not violate the equal protection clause)
What did Malcolm X say about religion in the Ballot or the Bullet?
What is affirmative action?
preferential treatment to those who were traditionally discriminated against
Define judicial review
power of the court to interpret the Constitution, declare laws constitutional or unconstitutional
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 "living Constitution" method of interpretation?
Interpreting the Constitution to fit today's society and norms
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
Explain the economic philosophy of Black Nationalism
black people should own their own businesses, so their money stays within their community
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 rule of 4?
at least 4 justices have to agree to hear a case
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 did the Judiciary Act of 1789 say and why was part of it struck down?
It gave the court power to issue a writ of mandamus as a form of original jurisdiction, which goes against the Constitution by expanding the instances in which the Supreme Court has original jurisdiction
Explain the role of these men in the case Marbury v. Madison: Jefferson, Madison, Marbury, Marshall
Jefferson was the new president who ordered his Secretary of State Madison to not deliver the commissions. Marbury complained he didn't receive his commission, and Marshall was the Chief Justice in the case.
Why did the Court declare the Missouri Compromise unconstitutional in Scott v. Sandford?
Court claimed that Congress cannot decide whether states can be free or slave
Which law ended racial segregation in privately owned public places, like restaurants?
Civil Rights Act of 1964
Which case decided that affirmative action is unconstitutional?
Students for Fair Admissions v. Harvard / UNC