Appointment Of District Court Judges example essay topic

US Government Study Guide #4 Exam #3 - 3 Dec 03 1. There are 94 district courts with over 500 federal district judges. There are 13 federal appellate courts. 2. The president selects nominees for judicial positions. He is usually advised by the Senate, who must consent to the president's appointment.

Approximately 90% of all judicial appointments come from within the president's party. Because the president must receive consent from the Senate, he is likely to appoint individuals of diversity who can appease many different ideals. Because senatorial courtesy applies to the appointment of district court judges but not to the judges appointed to the Supreme Court, the two courts usually reflect different values. 3.

This has to do with what later came to be known as Establishment Clauses. These prohibited Congress from establish any type of religion. If Congress or the State could establish religion and / or churches, their power would reach another aspect of limitlessness. 4. Judicial restraint is the idea that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Judicial review is the idea that judges should interpret the Constitution to reflect current conditions and values. 5. The Constitution itself makes no direct address to the rights of privacy. However, as it has been interpreted, the Constitution does provide rights of privacy. Such interpretations are seen in cases such as Roe vs. Wade, in which it was decided that the choice to abort a child was a private decision, in which the State had no say. 6.

In the nineteenth century, no one was a "specialist" when it came to abortion - it was not a regular practice. For this reason, there was a great fear of subsequent death by infection or other results of malpractice, whether or not it was intentional. In the case of Roe vs. Wade, it was argued that abortion should be legal on account of the fact that life cannot be determined at any given stage before birth. It was in this case that the Supreme Court said it could not be burdened with the decision of when a fetus became a human. 7. Civil liberties, defined, are the rights of freedom of conscious, religion, and expression - they protect people from the government.

Civil rights, defined, are the rights protecting against discrimination because of race, religion, gender, ethnic origin, or sexual orientation - they protect people from each other. 8. The 14th amendment provided for the citizenship of blacks. As it was interpreted by the Supreme Court during the Rights Cases of 1883, the amendment prohibited discrimination by the Sate, but allowed individuals to discriminate. This ruling set up the premise for Jim Crowe laws. 9.

The Exclusionary Rule says improperly seized evidence cannot be used in a case. However, illegally obtained material can be used if it would have been discovered in the course of an investigation. 10. The original intent of the 2nd amendment was to provide for the weaponry of a well-regulated militia.

It was not meant to be right for citizens to own and / or possess any type of firearm. 11. The original intent of the 8th amendment was simply to prevent torture. 12. The Civil Rights Act of 1964 restricted literacy tests as a part of voter registration, outlawed discrimination in public accommodations, and allowed the government to sue desegregate schools. The Voting Rights Act of 1965 suspended all literacy tests as a part of voter registration and authorized federal agents to register voters.

13. If homosexuality is defined by the Supreme Court as an immutable characteristic, which cannot be predetermined or altered, then such a definition will lend itself to an increased number of rulings that decide in the favor of "gay rights". 14. "Going Public" is the act by which the president makes a direct appeal to the public concerning the ruling of a certain bill.

The president essentially goes over the head of Congress by urging the voting public to pressure their Congress-people into voting a particular way. If the president is successful, it betters his image of power and control. However, if the act of going public backfires, then it causes the president to look weak, and it makes it appear as though Congress exercises more power over the president and the people rather than vice-a-versa. 15. The War Powers Act says the president can commit US troops for no more than sixty days unless there is an official declaration of war OR Congress gives him permission to do so. 16.

The McCarran International Security Act of 1950 outlawed any conspiracy to establish a totalitarian government. 17. The Smith Act of 1940 outlawed any conspiracy to advocate the overthrow of the government. This time period, as well as that of the McCarran International Security Act, was one that saw a rise in a paranoia concerning the rise of communism. 18. Substantive due process is the constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable.

This places limits on what a government may do. 19. ROE vs. WADE a. 1973: ultimately, three things were decided. 1) within the first three months of pregnancy, a fetus may be aborted at will without the interference of the state - it is unreasonable and unconstitutional to interfere with her liberties and privacy rights; 2) during the second trimester, the state may set regulations concerning where, when, and how abortions may be performed, but they may still be performed at will; 3) during the third trimester, when the life of the fetus is possible outside the womb, the state has the right to prohibit an abortion altogether b.

The Supreme Court stated: 1) the Constitution does not define "person"; 2) "need not resolve the difficult question of when life begins"; 3) "right of personal privacy includes the abortion decision". 20. BROWN vs. BOARD OF EDUCATION a. 1954: established that "separate but equal" schools are unconstitutional, and brought about the desegregation of public schools. This reversed what established in the PLES SY vs. FERGUSON case of 1896. Established that "segregation is itself discrimination".

21. MIRANDA vs. ARIZONA a. 1966: established that a conviction cannot stand if the evidence introduced was obtained during "custodial interrogation" unless the suspect was notified of his / her rights to remain silent and have an attorney present. If a suspect were to answer questions without an attorney present, the prosecutor must prove that the suspect willingly surrendered his / her right to remain silent. Failure to comply with the requirements could be grounds for the reversal of a conviction, regardless of what is established by any other evidence against the suspect. 22.

GIDEON vs. WAINWRIGHT a. 1963: established that the States had to provide the accused with free counsel in all non-capital cases, if the accused are unable to provide for his / her own defense. 23. MILLER vs. CALIFORNIA a.

1973: established a constitutional definition for obscenity, which is not protected by the First Amendment. Established anything the "average person" would find 1) to show patently offensive sexual conduct, or 2) to lack "serious redeeming literary, artistic, political, or scientific merit, as obscenity. 24. TEXAS vs. JOHNSON a.

1989: established that the First Amendment protects the act of burning the flag as freedom of expression. The law was later nullified in the case of UNITED STATES vs. EICH MAN, which declared it unconstitutional to burn or deface the flag - whatever one's purpose or intention. WHITE HOUSE STAFF AGENCIES Council of Economic Advisors Office of Management and Budget National Security Council GOVERNMENTAL AGENCIES Pendleton Act 1883 - required those who wished to work for the government to take an exam proving their competency. INDEPENDENT EXECUTIVE AGENCIES General Services Administration NASA INDEPEN DNET REGULATORY AGENCIES Interstate Commerce Commission Federal Communications Commission Environmental Protection Agency (EPA) Federal Reserve Board.