Blog #5

1. A Supreme Court that demonstrates a willingness to change public policy and alter judicial precedent is said to be engaging in

a) judicial activism
b) due process
c) judicial restraint
d) ex post facto lawmaking
e) judicial review

The answer is (a) because judicial activism is a judicial philosophy where they interpret precedent laws loosely compared to the strict, go by the standards Constitution way.

2. A writ of certiorari from the Supreme Court indicates that the Court

a) Will review a lower decision

b) Has rendered a decision on a case

c) Has decided not to hear an appeal

d) Will recess until the end of the calendar year

e) Plans to overturn one of its previous rulings

The correct answer is (a) because writ of certiorari means a decision by the Supreme Court to hear an appeal from a lower court.

3. The Supreme Court holds original jurisdiction in all of the following types of cases EXCEPT

a) If the United States is a party in the case

b) In controversies in criminal law between a citizen and a state

c) In controversies under the Constitution, federal laws, or treaties

d) if a case is between citizens of different states

e) If cases arise under admirality and maritime laws

The answer is (b) because criminal law cases like such have original jurisdiction, not the Supreme Court. 

4. All of the following are specifically mentioned in the Constitution EXCEPT

a) judicial review

b) the national census

c) rules of impeachment

d) the State of the Union address

e) length of term if federal judgeships

The answer is (a) because judicial review is implied in the Constitution. It was implemented and first introduced in the Marbury vs. Madison case in 1803. 

5. Which of the following correctly states the relationship between the federal and state judiciaries?

a) Federal courts are higher courts than state courts and may overturn state decisions on any grounds.

b)The two are entirely autonomous, and neither ever hears cases that originate in the other.

c) The two are generally autonomous, although federal courts may rule on the constitutionality of state court decisions.

d) State courts are trial courts; federal courts are appeals courts.

e) State courts try all cases except those that involve conflicts between two states, which are tried in federal courts.

The correct answer is (c) because only the federal courts have the power to declare constitutional or not, giving power to determine states' too.

6. The Supreme Court’s decision in Miranda v. Arizona was based mainly on the

a) Constitutional prohibition of ex post facto laws

b) Incorporation of the Fifth Amendment through the due process clause of the Fourteenth Amendment

c) Eighth Amendment restriction against cruel and unusual punishment

d) Abolition of slavery by the Fourteenth Amendment

e) full faith and credit clause of the Constitution

The answer is (b) because Miranda was not informed that he had a right to an attorney, violating the 5th amendment. 

7. The Supreme Court has used the practice of selective incorporation to

a) Limit the number of appeals filed by defendants in state courts

b) Extend voting rights to racial minorities and women
c) apply most Bill of Rights protections to state law

d) Hasten the integration of public schools

e) Prevent the states from calling a constitutional convention

The correct answer is (b) because of previous gender/minority state problems. 

8. Which of the following cases extended the Fourth Amendment’s protection against unreasonable searches and seizures to the states?

a) Gideon v. Wainwright

b) Schneck v. United States
c) Miranda v. Arizona

d) Mapp v. Ohio

e) Heart of Atlanta Motel v. United States

The answer is (d) because in this case the 4th amendment was implemented. 

9. Which of the following is true of court cases in which one private party is suing another?

A) They are tried in civil court

B) The federal court system has exclusive jurisdiction over them

C) They are tried in criminal court

D) The state court system has exclusive jurisdiction over them.

E) They are tried before a grand jury.

The answer is (a) because civil court definition states it is a code of behavior related to business and relationships between groups and individuals. 

10. Which of the following is an accurate statement about the federal court system?

a) The creation of new federal courts requires a constitutional amendment

b) The creation of new federal courts requires the unanimous consent of all 50 states

c) The Supreme Court has the sole power to create new federal courts.

d) Congress had the power to create new federal courts

e) The number of federal courts if fixed by the Constitution and cannot be changed.

The correct answer is (d) because in Article 1, Section 8, the Constitution states that Congress has this power. 

Blog #4

- Explain the holding and majority opinion (and notable dissent)

- Explain what judicial philosophy is reflected

Marbury v. Madison (1803):

• First case in Supreme Court history that implemented judicial review (The right of federal courts to declare laws of Congress and acts of the executive branch void if they are judged to be in conflict with the Constitution). It has played a key role in making the Supreme Court a separate branch of power. Because the "supreme law of the land," in Article VI, is the Constitution, something must check and balance the laws and make sure they are in accordance of it. In conclusion, Marshall Court denied Marbury's commission.
• The judicial philosophy of judicial restraint is mirrored in this case because the judges adhered and stuck closely to the interpretation of the Constitution. Their actions were limited and had no wiggle room.
• I personally agree with the decision the court came to. I think it depends on the case, where it can be ruled solely based the Constitution, or having the ability to tweak it a bit, but it comes down to own's own personal morals and values.

Roe v. Wade (1973):

• This case ruled a state law unconstitutional for banning abortions (saved the life of the mother). A woman under the alias "Jane Roe" petitioned for an abortion. The court ruled under the 14th amendment, illustrating any women's "zone of privacy" and the right to the privacy of their bodies to be a fair enough reason and explanation for a woman's decision. The case won with a 7-2 vote, with the belief that it was the states' responsibility to protect the potential lives coming into this world.
• The judicial philosophy is an example of judicial activism because the court overruled the precedent idea of abortion being illegal.
• I definitely agree with the outcome of this case because i believe that everyone is entitled to their own decisions whether people disagree with it or not. Everyone's instinct is to act for the good and better of their own, and for their family's lives and I strongly believe no one should get in the way of it.

          
Brown v. Board, 1st (1954): 

• This court case overruled the previous Plessy vs. Ferguson decision, "separate but equal." It was recognized that the schools and education for African Americans were inherently unequal, and thus unconstitutional. The racial segregation of children in public schools violated the Equal Protection Clause and 14th Amendment. This case was essential for the upcoming Civil Rights Movement.
• The judicial philosophy shown here is an example of judicial activism because the judges loosely accommodated the Constitution and contributed their own beliefs with what they knew was right into the court decision.
• Personally, I agree with this decision. I think the judges and (some) people in the court room understood how unfair the precedent of "separate but equal" truly was and finally acted upon it with this ruling.

Blog #3

Refer to the cartoon posted here. Identify the point of view of the cartoonist. Do you agree or disagree with it? Explain your position, using Supreme Court cases to illustrate your argument.

In a negative outlook, this cartoon illustrates that the Supreme Court does not do their job. They don't always bring justice to cases and by the looks of it, are distracted. The cartoonist is trying to convey the message that the Supreme Court can get away with anything, and everything they do/or say, is legitimate. This is because judges are appointed by the President, with the consent of the Senate, and serve for LIFE! This cartoon also shows that the Supreme Court declares justice constitutional/unconstitutional based on their own personal bias. It is based on their opinion and how are feeling that given day. I agree with this interpretation because these judges have quote on quote nothing to lose. Because of their status in society and lifetime job, they are free to do what they want to do, despite strong criticism and opinions on it. An example of the Supreme Court failing to uphold the standards their jobs consist of is Plessy vs. Ferguson in 1896. This case affirmed the state's right to allow separate but equal, being unconstitutional because of segregation based on race.

Blog #2

Question: What are the judicial powers of the US Supreme Court and where does this power come from?

Article III, section 2 specifies the judicial powers of the United States:
-Can declare laws and bills unconstitutional
-Make treaties
-Include all cases of admiralty or maritime jurisdiction-- Charge criminals w/ a sentence
-Hear cases involving US as a party
-Cases of admiralty or maritime jurisdiction
-Controversies b/w a state and citizens of another state
-Controversies b/w two or more states
-Controversies between citizens of different states
-Controversies between citizens of the same states claiming lands under grants in different states
-Controversies between a state, or citizens, and foreign states or citizens
-Cases affecting ambassadors or other public ministers

:)

well heeeellllooooo blogger!

Typically, on every other social media site I go by the name "itsmarisac," but here you can call me Marisa.

I am a senior in high school who is impatiently counting down the days until graduation. I am in dire need of a new, fresh start and moving away to college gives me endless opportunities to follow my dreams. *insert heart eye emoji*

You should know that I love to cheer and dance, inside and outside of school. I enjoy upholding a leadership role, for being apart of Student Government has been one of the greatest memories of my high school experience.

In my free time sleep is my n u m b e r one best friend, especially since im constantly busy throughout the school week with rehearsals, practices, and school work. I try to squeeze in a couple tweets here and there, and even blog on my own tumblr!

Blogging for me is a form of release. My tumblr, for example, tells a lot about me as a person. It shows what kinds of images I see in my head, who I love, who I dislike, or even what I think about other people...

But basically, bloggers, im just your average teenage girl. I love Justin Bieber, drinking Starbucks, being loud, going to any and every concert, and checking social media to see whats up with the world.

I'll leave you off with a few words I genuinely live by, "everything happens for a reason." There are a lot of things that happen in our lives that we sometimes don't understand why it has happened. Some of them may be lessons, good memories, or simply just experiences... but its a journey that God put us on because he BELIEVES we are strong enough to get through it. If theres one thing i've learned in my 4 years of high school thus far, its that everyone has their own story. So go ahead and tell it... I'll be listening :)


TTYLXOX --Marisa