Judicial Review
The case that initially established judicial review
What is Marbury v. Madison
This original era of the court greatly expanded federal power
What is the Marshall Court?
The court that 1st hears a case is said to have this type of jurisdiction
What is original jurisdiction?
This opinion is the one that will be set as actual legal precedent
What is the majority opinion?
Opinions that agree with the majority, but for different reasons
What are concurrent opinions?
The 1973 Roe v. Wade case that expanded abortion rights is an example of deciding a case based on this judicial philosophy.
What is judicial activism?
This activist era of the Court saw landmark cases such as Miranda v. Arizona and Gideon v. Wainwright, which greatly expanded the rights of the accused.
What is the Warren Court?
Cases involving citizens of different states often have concurrent jurisdiction and are referred to by this name.
What are diversity cases?
In this Federalist Paper, Hamilton refers to the Judicial Branch as the “least powerful.”
What is Federalist 78?
The litmus test is used to test this element of justices
What is political ideology?
Conservative judges tend to adhere to this judicial philosophy
What is Judicial Restraint or Original Intent?
Currently, the Supreme Court is under the leadership of this Chief Justice
Who is Roberts?
If the Supreme Court decides to take a case, they may request perspectives from “friends of the court,” known as these.
What are amicus curiae briefs?
These courts were formed as a filter to reduce the workload of the Supreme Court
What are the U.S. Court of Appeals?
If Congress wished to declare flag burning a crime after the Supreme Court already stated it’s protected under the 1st amendment, this is their only recourse.
What is passing a constitutional amendment?
While this court mostly hears appeals, it may originally review cases involving conflicts between two or more states
What is the Supreme Court?
Under this chief justice, conservatives were looking to the Court to overturn pivotal activist cases passed in the 1960s and early 70s
Who is William Rehnquist?
Brown v. Board was one of the most famous examples of this type of lawsuit
What is a class action suit?
This Supreme Court case reaffirmed the federal government’s implied powers under the Necessary and Proper Clause
What is McCulloch v. Maryland?
This principle states that the United States cannot be sued without its permission
What is the doctrine of sovereign immunity?
According to this principle, courts should follow past precedents, which means they do not overturn original decisions lightly
What is stare decisis?
Under this chief justice, state’s rights prevailed in the Court
Who is Justice Taney?
When case petitions are approved, the Supreme Court grants this and sends for the case from the lower court
What is the Writ of Certiorari?
The confirmation battle after the death of Justice Scalia proved that the president is still limited in his power to appoint a Supreme Court Justice, because he must still gain the approval of this body.
What is the Senate?
While the Attorney General is the head of the Justice Department, this individual often represents the United States in the Supreme Court
Who is the Solicitor General?