The Judicial Branch
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judicial review
power to decide constitutionality of an act of government
writ of certiorari
orders lower court to send case records up for review
certificate
process used when lower court is unclear of procedure or applicable law in this case
federalism
division of power between supreme court and its subdivisions
judicial restraint
judges follow what the constitution says
judicial activism
judges follow what they think the authors of the constitution meant
rule of 4
4 judges must agree to bring up a case to the supreme court
precedent
to follow guidelines on consistency
briefs
homework for lawyers/ detailed written statements
solicitor general
person who defends the United States in court
conferences
justices have conferences on fridays where they discuss cases and vote
sedition
attempt to overthrow the government
seditious speech
the advocating of attempting to overthrow the government
slander
false and malicious use of spoken words
libel
false and malicious use of printed words
symbolic speech
non-vocal free speech
clear and present danger
free speech is not protected if the government has the understanding that you will disrupt peace
who said “freedom of speech is for unpopular speech”
oliver wendell holmes (past supreme court justice)
who is john marshall
chief justice in marbury v madison case
establishment cause
1st amendment prohibits the establishment of a religion
free exercise clause
1st amendment prohibits any arbitrary interference by government with “the free exercise thereof”
parochial
church related
public forum
places traditionally open to free speech
time place manner
ways in which free speech is limited