Chapter 13: The Courts
13.1|Guardians of the Constitution and Individual Rights
- What is the power problem for the judiciary
- What's the explanation for the judiciary's power problem
- What is the controversery surrounding the roles on the courts in U.S.
- Describe the Roberts' Court (2005-present) reputation. What are some of its rulings/philosophies regarding issues
- What are the two reasons the judiciary is known as the third branch of government
- How is the role the courts play the same or different from what the Founders intended
- When did SCOTUS become a more prestigious institution
- What did Chief Justice Marshall see as the role of SCOTUS
- Define judicial review
- What court case established the precedent of judicial review
- Define syllogistic reasoning
- What are the limits on judicial power
- Define judicial restraint
- Define judicial activism
- Define the three main elements of judicial restraint and compare and contrast judicial activists v. judicial restraint for each of the three
- How is the Roberts court describe related to restraint v. activism and liberal v. conservative
- What is the current structure of SCOTUS?
- What are the names of the liberal justices?
- What are the names of the conservative justices?
- Who is the "swing vote" and what is a "swing vote?"
- Who is the Chief Justice?
- Who provides assistance to the justices? What are the qualifications and background of the people who assist the justices?
- What are the responsibilities of SCOTUS clerks? (see: Insider Perspective: Profile of a U.S. SCOTUS Clerk)
- When is SCOTUS in session?
- Define "docket"
- Define "writ of certiorari"
- What is the "Rule of Four" and how does that relate to the Court's (note: court is capitalized because I'm referring to the Supreme Court) decision on which cases to hear?
- What are the all considerations the Court makes when choosing to hear a case?
- What is the role of the Solicitor General?
- Explain Supreme Court proceedings including the briefs, what an amicus curiae brief and its significance, and oral arguments
- How long does each side get in oral arguments? If the justices interrupt them and ask questions do they get more time?
- What's the process that happens after oral arguments? How do the justices settle the case?
- Explain the difference between a majority opinion, dissenting opinion and concurring opinion. Who writes which of these?
- What is judicial activism and judicial restraint?
- Are the justices impacted by their personal beliefs and political attitudes?
- How does public opinion impact the justices?
- What are the checks on the Court by Congress and the Executive branch? How can these branches impact the Court's power?