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Courts 6

pg. 530-6

QuestionAnswer
6) 1a. Do the courts have the power to implement their decisions? Through formal announcements in open court
6) 1b. What must they "rely on?" other units of government to enforce their decisions
6) 1c. Define judicial implementation. How and whether court decisions are translated into actual policy, thereby affecting the behavior of others.
6) 2. Describe and provide examples of implementing populations. Like the SC held that prayers organized by school officials in the public schools are unconstitutional. The implementing population (school boards and school administrators whose schools are conducting prayers) must then actually abandon prayers
6) 3a. Who was the chief justice from 1801-1835? John Marshall
6) 3b. Define judicial review. The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the US Constitution.
6) 3c.What case established judicial review? Marbury v. Madison
6) 3d. In what particularly clever way was judicial review established? The court was astute in exercising its power over the other branches, reducing its own power allows the Court to assert the right of judicial review in a fashion that the other branches could not easily rebuke.
6) 4. How does judicial review give the judicial branch power, with regards to the other two branches? Can strike down an act from Congress if it is not constitutional, and can make sure the executive is in accord with the Constitution.
6) 5a. How was the Court controversial during the New Deal? Congress passed dozens of laws designed to end the Depression, and the SC (dominated by conservatives) began to dismantle ND policies due to the opposition to federal intervention in the economy.
6) 5b. How did Roosevelt deal with this? Proposed a "court-packing plan" railing against those "nine old men" (average age was over 70). He proposed that Congress expand the size of the Court so he could appoint additional justices sympathetic to the ND. Congress objected
6) 6a. Provide four ways the Warren Court was very active in shaping policy. segregation of public schools - unconstitutional, + rights of criminal defendants, + right to counsel & protections against unreasonable s&s & self-incrimination. States to reappotrtion their legislatures and it prohibited organized prayer in schools.
6) 6b. What was the conservative response to the Warren Court? Put billboards up around the US urging Congress to "Impeach Earl Warren"
6) 7a. What was decided in Roe v. Wade (1973)? Abortion was constitutional
6) 7b. Explain the decision of US v. Nixon and its outcome. Decided whether Nixon had to turn his White House tapes over to the courts, which it unanimously ordered him to do so (hastening the president's resignation)
6) 7c. Who was the chief justice during these decisions? Warren E. Burger
Created by: Matti
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