people
john adams
He was the second president of the United States and a Federalist. He was responsible for passing the Alien and Sedition Acts. Prevented all out war with France after the XYZ Affair. His passing of the Alien and Sedition Acts, which severely hurt the popularity of the Federalist party and himself
John roberts
American lawyer and jurist who serves as Chief Justice of the United States
Activists vs restraint rulings:
Activists view constitution to advoacte contemporary values, believe court should use power to correct injustice, focus on individual rights ex. Gay marriage, free speech, etc.
Restraints follow the written word of the constituion rather than the intent, are more likely to follow stare decisis, usually only rule against congress if the law directly violates the constitution
What Hamilton wrote in fed 78/ how it views the judicial branch:
Proves Judicial branch is the least of everyones concerns, not as dangerous, has no control over the “purse or sword” (money or military)
Magistrate Judge:
A federal who serves in a US District Court.
thomas jefferson
A prominent statesman,this man became George Washington's first secretary of state. Along with James Madison, he took up the cause of strict constructionists, advocating limited federal government.
How did judicial review come about
The Marbury V. Madison court case
Scope of power of the supreme court:
Passive and reactive, case has to be brought to them before they can act
Has no influence over the “purse” (money) or the “sword” (military)
Relies on other branches of gov to enfore rulings
Chief Justice Roles:
mandate who writes what opinion, sets agenda
why is the rule of four used in the judicial branch?
To eliminate as much bias as possible.
john marshall
American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 to 1835.
Role of judicial review:
Keep other branches of gov in check by making sure their actions don’t violate the constitution
Maintains balance between individual rights and gov authority
Why is it the least dangerous branch
Cannot control money or military of the country
Only main power is judicial review
Has no enforecement power
Grand Jury
A jury of 23 people who examine the validity of an accusation before trial.
What prevent executive orders from being to powerful
The supreme court can declare orders unconstitutional. can pass a law against executive orders.
william marbury
William Marbury was a highly successful American businessman and one of the "Midnight Judges" appointed by United States President John Adams the day before he left office. He was the plaintiff in the landmark 1803 Supreme Court case Marbury v. Madison.
Why does the constitution spend less time on the judicial branch:
The founding fathesr had already seen examples of courts and how they operated, it wasn’t a new concept unlike having a President
an associate justice
Defendant
The person or party who is accused of an offense.
What happened in the McCulloch vs Maryland case?
Congress established banks of america, but maryland opposes the idea and charged any non state incorporate bank with a 10,000 dollar fine.
James madison
James Madison Jr. was an American statesman, lawyer, diplomat, philosopher and Founding Father who served as the fourth president of the United States from 1809 to 1817.
How do cases get to the supreme court:
Often happens when a party wants to appeal a decision made in a lower court
Party seeking appeal files a petition for a writ of centiorari
Brief of the case is given to the judges and they discuss whethere it should be reviewed, 4/9 justices must vote yes in order to grant writ of centiorari
How does our judicial system demonstrate federalism:
Supreme court is responsible for defining and understanding the constitution, which determines the balance of power between the federal gov and state gov
Justiciable Dispute:
A dispute or controversy that comes out of a case that is usually solved with legal methods.
What are the qualifications to be in the the house of representatives?
-25 years old
-citizen for at least 7 years
- live in the state you’re running for