Chapter 16-book
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George HW Bush
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nominated Clarence Thomas
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Robert Bork
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Supreme Court justice nominated by Reagan, but did not receive Senate approval
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Gang of fourteen
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group of Senators that agreed to vote to block a filibuster on three appeals court nominees and not to filibuster any further nominees unless there were \"extraordinary circumstances\"
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judicial review
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the power of courts to declare laws unconstitutional
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judicial restraint, activist
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two judicial approaches
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judicial restraint
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view that judges should decide cases strictly on the basis of the language of the laws and the constitution
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activist
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view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstance
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Hugo Black
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Supreme Court liberal justice who voted to uphold a state law banning birth control because nothing in Constitution prohibited such a law
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Rufus Peckham
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conservative justice who voted to overturn a state law setting maximum hours of work because he believed that the 14th amendment guaranteed \"freedom of contract\" even though those words are not in the amendment
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liberal
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today, judicial activists are more...
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conservative
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today, strict constructionists are more...
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John Roberts
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current chief justice of the Supreme Court
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Federalist No. 78
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Alexander Hamilton described the judiciary as the \"least dangerous\" branch to political rights and \"liberty can have nothing to fear from judiciary alone\"
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Robert B. Taney
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succeeded Marshall as Chief Justice
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national supremacy, slavery
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first era of the Supreme Court
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government, economy
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second era of the Supreme Court
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person
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can be a firm or corporation as well as an individual
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second era
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protected private property and advocated for reasonable regulation of businesses
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government and political liberty
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third era of the Supreme Court
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Martin v. Hunter's Lessee
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set the precedent that the Supreme Court can review the decisions of the highest state courts if they involve a federal law of the federal Constitution
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Ex Parte McCardle
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allowed Congress to change the appellate jurisdiction of the Supreme Court
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Owen Roberts
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SC justice who changed his mind BEFORE FDR tried to pack the courts
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Earl Warren
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chief justice who lead an activist SC beginning in 1953
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constitutional, legislative
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two kinds of lower federal courts created by Congress to handle cases that need not be decided by the SC
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constitutional court
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keeps judges in office during good behavior and prevents their salaries from being reduced. They include the SC and appellate and district courts created by Congress.
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district court, court of appeals
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types of constitutional courts
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district courts
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lowest federal courts; federal trials can be held only here
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courts of appeals
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federal courts that hear appeals from district courts; no trials
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legislative court
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courts created by Congress for specialized purposes whose judges do not enjoy the protections of article III
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liberal
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decision that favors a civil right, a criminal defendant, or an economic regulation
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conservative
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a decision that opposes the right or the regulation or supports the criminal prosecutor
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Oliver Wendell Holmes
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Teddy Roosevelt SC nominee who did not act as the president had expected
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Warren Burger
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Nixon SC chief justice who did not act as he pleased
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Harry Blackmun
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Nixon SC appointee who voted that the right to an abortion is constitutionally protected
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senatorial courtesy
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custom that the Senate will not approve a presidential appointment opposed by a majority party senator from the State in which the appointee would serve
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blue slip
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blue piece of paper on which senator is asked to record his or her views on the nominee that is to be a district judge in his/her home state
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litmus test
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an examination of the political ideology of a nominated judge
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William Rehnquist
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former chief justice of the SC, nominated by Reagan
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David Souter
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nominated by George HW Bush to the SC
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Anita Hill
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accused Clarence Thomas of sexually harassing her
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federal-question cases
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cases concerning the Constitution, federal laws, or treaties
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diversity cases
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cases involving citizens of different states who can bring sit in federal courts
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writ of certiorari
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an order by a higher court directing a lower court to send up a case for review
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dual sovereignty doctrine
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holds that state and federal authorities can prosecute the same person for the same conduct
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writ of certiorari
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can be applied if... 1. two or more federal circuit court of appeals have decided the same issue in different ways 2. the highest court in a state has held a federal or state law to be in violation of the Constitution or has upheld a state law against the claim that it is in violation of the Constitution
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in forma pauperis
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a method whereby a poor person can have his or her case heard in federal court without charge
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fee shifting
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a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
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standing
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a legal rule stating who is authorized to start a lawsuit
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sovereign immunity
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the rule that a citizen cannot sue the government without the government's consent
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class-action suit
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a case brought by someone to help him or her and all others who are similarly situated
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Brown v. Board
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example of a class action suit
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solicitor general
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third-ranking officer of the Department of Justice, who decides what cases government will appeal from lower courts and personally approves every case the government presents to the SC
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amicus curiae
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a brief submitted by a \"friend of the court\"
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per curiam opinion
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a brief, unsigned court opinion
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opinion of the court
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a signed opinion of a majority of the SC
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concurring opinion
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a signed opinion in which one or more members agree with the majority view, but for different reasons
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dissenting opinions
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a signed opinion in which one or more justices disagree with the majority view
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stare decisis
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\"let the decision stand\", or allowing prior rulings to control the current case
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political question
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an issue the SC will allow the executive and legal branches to decide
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remedy
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a judicial order enforcing a right or redressing a wrong
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15
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number of federal judges impeached
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William O Douglas
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SC justice who served the longest
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Charles Evans Hughes
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only SC justice to run for president
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William Howard Taft
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only president to become SC justice
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Roger B. Taney
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first Catholic SC justice
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Louis Brandies
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first Jewish Supreme Court justice
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Thurgood Marshall
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first black SC justice
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Samuel Chase
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only SC justice to be impeached
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John Harlan
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only SC justice whose grandson also served on the court
