How might the decision in McCulloch v. Maryland make future Supreme Court decisions more complicated? Show The principle of implied powers meant the Court might spend more time interpreting the Constitution rather than simply following it to the letter. Which is the best definition of "supremacy"? highest authority What was the purpose of the Judiciary Act of 1789? It created a federal court system. What
is the definition of "interstate commerce"? commerce between states Who was involved in the case of Gibbons v. Ogden? two competing owners of steamboat companies What was the most significant result of the ruling in Marbury v. Madison? The ruling determined that the Judiciary Act of 1789 was unconstitutional. James McCulloch most likely supported the idea that Congress could create banks because he didn't want to pay state taxes on his bank. People who make judgments in lower federal courts are called judges. The Supreme Court is best characterized as an appellate court. Compared with the executive and legislative branches, the main purpose of the judicial branch is to interpret laws. In terms of jurisdiction, the
Supreme Court has original and appellate. Which explains why Supreme Court justices are given lifetime appointments? They protect justices from political pressure. Appellate jurisdiction refers to the Supreme Court's authority to hear a case from a lower court. Which would most likely fall under the original jurisdiction of the Supreme Court? a case between two states The diagram shows one way that cases reach the Supreme Court. SUPREME COURT The diagram is an example of appellate jurisdiction. Under the Constitution, the judicial branch must try criminal cases with a _______ of one's peers. jury Which
best defines the term jurisdiction? the authority given to the judicial branch Before a case can be heard in a state high court, it must go through a selection process. Courts of general jurisdiction typically have a judge and jury. A dispute over a contract between two people in the same city would most likely be heard first in a state trial court. A landlord who sues a tenant for unpaid rent would most likely take the case to small claims court. Which steps make
up the judicial process in the federal court system? assigning jurisdiction, making a decision, appealing the case The First Amendment's free-exercise clause
gives the people the right to choose their own set of religious beliefs. A school district in California held its graduation
at a local church. Which statement best explains whether this action violated the establishment clause, and why? It violated the establishment clause because it held a school function at a denominational church, which demonstrates support for a specific religion. The establishment clause would prevent the mayor's office from displaying a cross A student is praying alone in his public school cafeteria before lunch. This activity is acceptable according to the establishment clause because the school is not asking the student to pray. The government gives public funds to low-performing schools for new computers. They decide to give more money to the lowest performers, some of which happen to promote multi denominational religions. According to the establishment clause, how would
a court rule on this case? as in compliance with the clause because the government's action was for a secular purpose, did not advance a particular religion, and was unentangled What is true of a non-denominational activity? It does not support a specific religion. The publication of false and damaging information about a person is referred to as libel Which best describes what the government had to prove for its censorship of the New York Times to have been
acceptable? The articles would have had to indisputably harm the nation. Edwards v. South Carolina protected people's right to assemble
and express unpopular views in a peaceful way. According to the Supreme Court, which of these most likely prompted the arrest of the protesters in Edwards v. South Carolina? The protesters supported an unpopular view. What does the First Amendment's right to assemble refer to? the right of a group to meet in groups Edwards v. South Carolina focused on two issues: the right to petition the government for a redress of grievances and the right to peacefully assemble. Based on the Schenk v. United States case, when might it be acceptable for the government to restrict information released by the press? The government can only restrict information that could present an immediate threat to security or the public. Which is the most likely reason the framers of the Constitution did not tell the judicial branch how to interpret the document? They wanted the judicial branch to reach its own conclusions. The selection of federal judges by the executive branch is an example of checks and balances. During criminal cases, what is guaranteed by the Constitution? trial by jury Which statement best describes how the structure of the judicial branch affects its interpretation of the Constitution? The system of federal courts and a Supreme Court may give the judicial branch multiple opportunities to interpret the Constitution. Which is a true statement about federal judges? They serve lifetime terms. The Constitution
gives Congress the power to create federal courts lower than the Supreme Court. Which explains why the Constitution gave Congress the power to create a system of federal courts? The Constitution anticipated the need for courts lower than the Supreme Court. Review this quote from the decision in Marbury v. Madison. It is emphatically the province and duty of the Judicial Department to say what the law is. How does this excerpt summarize the case? It explains that the Supreme Court should decide whether a law or action is constitutional. Read the excerpt from the Constitution of the United States, Article 1, Section 8. [Congress shall have power] to regulate Commerce with foreign Nations, and among the several States. This excerpt reinforces the idea of federal supremacy. Read the excerpt from Marbury v. Madison below. If two laws conflict with each other, the Court must decide on the operation of each. . . . [T]he Constitution . . . must govern the case to which they both apply. The excerpt describes the principle of judicial review. In the case Marbury v. Madison, what was William Marbury's appointment? He was appointed as a federal judge. In
McCulloch v. Maryland, what did the State of Maryland argue? Banks cannot be created by Congress. Why did William Marbury most likely support the Judiciary Act
of 1789? It allowed Marbury to take his case to the Supreme Court. What was a result of Gibbons v. Ogden? Thomas Gibbons was allowed to operate his steamboats in New York. Why was James Madison sued, resulting in Marbury v. Madison? He refused to honor an appointment made by a previous presidential administration. Before McCulloch
v. Maryland went to court, the state of Maryland passed a law that required federal banks to pay state taxes. By ruling in James McCulloch's favor in McCulloch v. Maryland,
the Supreme Court agreed that Congress had the power to create a federal bank. A divorce case would most likely be assigned to a court with which jurisdiction? a court of limited jurisdiction A losing party in a federal trial court can appeal to a higher federal court. How are state and federal appellate courts similar? Both hear cases from lower courts. Which type of jurisdiction do federal trial courts
have? original A main difference between state and federal courts is state courts try cases between citizens of a state, while federal courts try disputes between states. Judges in federal appellate courts determine whether a lower court made an error in a case. US District Courts hear federal cases involving civil and criminal issues. A
person who is not satisfied with an appellate court's decision can take the case to a higher court. In state court, a losing party can appeal a case if a higher court agrees to hear it. In addition to the Supreme Court, the federal court system includes appellate and trial courts. According
to the precedent, Santa Fe School District v. Doe, a teacher who allows a student to lead a prayer at a high school baseball game would most likely be ruled unconstitutional, because the game is affiliated with the school. Freedom of religion is guaranteed by the Constitution's ______ Amendment. first Senator Quintero donates money to his local church from his personal checking account. Senator Kleinman donates money from a federally funded account to her church. Based on this scenario, which senator is in violation of the
establishment clause? Senator Kleinman is in violation because she took the money from a federally funded account. Which example violates the free-exercise Clause? stopping a religious group from buying a building based on their faith Courts that use a landmark case as precedent for a decision are using an earlier case as a guide. What does separation of church and state mean? The government cannot make laws based on religion. An activity passes the "Lemon Test" if it is secular, neutral, and free of entanglement. Which scenario is allowed under the free-exercise clause? A parent leads a prayer in a public park. In Engel v. Vitale, why did the courts rule that prayer in schools was unconstitutional? The prayer was considered a religious activity. Read the excerpt from the US Constitution. Congress shall make no law respecting . . . religion, or prohibiting the free exercise thereof. Which example violates this portion of Amendment I? A governor declares a new state religion. Under which circumstances would protesters' right to assembly most likely be protected? if protesters were marching on the statehouse in favor of marriage for all What is symbolic speech? an action that expresses an idea or opinion For prior restraint to apply, what must the government prove
about the speech in question? The speech must present a clear and identifiable danger. Under what circumstances would the protest of the students in Tinker v. Des Moines be deemed unprotected speech? if their action had clearly threatened order and safety What does the First Amendment's right to assemble refer to? the right of a group to meet in groups Based on the Schenk v. United States case, when might it be acceptable for the government to restrict information released by the press? The government can only restrict information that could present an immediate threat to security or the public. Though the outcomes of Schenck and New York Times differed, what did these decisions
have in common? The government can limit speech that causes harm. Which issue was at the heart of New York Times v. United States? prior restraint Why does Tinker v. Des Moines remain an important precedent-setting case? It established speech rights for students.
Which action would be the least likely to be considered protected speech or a protected action? burning a fire in a public park as a political protest Which
would most likely fall under appellate jurisdiction? a case appealed from a lower court Which statement reflects Thomas Gibbons's view of interstate commerce? The federal government should have power over interstate commerce. According to the establishment clause, how would displaying a "Happy Holidays" sign in class be viewed? The display does not violate the clause because it is secular. Supreme Court justices are appointed by the president. What is a landmark case? a case that sets a precedent for future court decisions Though the outcomes of Tinker and Schenck differed,
which best describes what these court decisions have in common? They agreed that speech rights could be limited to protect safety. In Schenck v. United States, what
circumstance made this speech case special? It occurred during wartime. What is the difference between the establishment clause and the free-exercise clause? The establishment clause stops the government from favoring a religion while the free exercise clause allows people to express their religion. In most cases, the US Supreme Court functions as an appellate court. Which right does
the First Amendment protect? right to assemble Which of these is least likely to be considered protected speech? shouting "FIRE!" in a crowded movie theater Supreme Court justices are approved by the Senate. Read the excerpt from the US Constitution. Congress shall make no law respecting an establishment of religion. According
to the excerpt, what is the role of Congress regarding religion? Congress cannot promote a religion. A similarity between the federal and state court systems is that both have trial, appellate, and high courts. The decision in Gibbons v. Ogden most likely resulted in fewer disputes about state monopolies. What was the effect of the decision in McCulloch v. Maryland?The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy."
Why was the case of McCulloch v. Maryland so important to the future of the American government?Maryland that Congress had the authority to establish a federal bank, and that the financial institution could not be taxed by the states. But the decision carried a much larger significance, because it helped establish that the Constitution gave Congress powers that weren't explicitly spelled out in the document.
What was the effect of the Supreme Court case McCulloch versus Maryland quizlet?The Supreme Court case McCulloch v. Maryland established that Congress had the power to establish a national bank and that a state (in this case, Maryland) did not have the power to tax branches of the federal government that are carrying out powers legal in the Constitution.
|
How might the decision in mcculloch v. maryland make future supreme court decisions more complicated
zusammenhängende Posts
Urheberrechte © © 2024 paraquee Inc.
