All Flashcards
What is judicial restraint?
A judicial philosophy that encourages judges to limit the exercise of their own power and defer to the legislative and executive branches.
What is judicial activism?
A judicial philosophy that encourages judges to use their power to correct injustices, especially when the other branches of government are unwilling or unable to do so.
What is the role of the Supreme Court?
Final interpreter of the Constitution and federal law.
What is Judicial Review?
The power of the Supreme Court to declare laws or actions of the executive and legislative branches unconstitutional.
How does lifetime tenure affect justices?
Allows justices to make decisions based on the Constitution and law without political pressure.
What is the role of the President in enforcing rulings?
The President is expected to enforce the Court's rulings, but they have some discretion.
What is the role of Congress in court-curbing?
Congress can limit the Court's jurisdiction or pass laws to prevent certain appeals.
What is the role of the Senate in judicial appointments?
The Senate confirms presidential nominees to the Supreme Court.
What is the role of the Executive Branch in judicial appointments?
The President nominates justices to the Supreme Court.
Significance of Marbury v. Madison (1803)?
Established judicial review, giving the Supreme Court the power to declare laws unconstitutional.
Impact of Brown v. Board of Education (1954)?
Declared state laws establishing separate public schools for black and white students unconstitutional, overturning Plessy v. Ferguson.
Significance of Roe v. Wade (1973)?
Established a woman's right to an abortion, based on the right to privacy.
Significance of Miranda v. Arizona?
Established that criminal suspects must be informed of their constitutional rights, including the right to an attorney and against self-incrimination, prior to interrogation.
Significance of Gideon v. Wainwright?
Established that states are required to provide legal counsel to indigent defendants in criminal cases.