What Was David Souter's Background Prior To Join The Court?
THE AMERICAN REVOLUTION and THE FRAMING OF THE CONSTITUTION
1. What was the first permanent colony founded in America? When was it founded?
- Jamestown
- 1607
2. What was the first representative assembly in America?
- The House of Burgess
3. Which foreign nations controlled which geographic areas of North America in 1760?
- France controlled the interior of North America (as well as Canada)
- Spain controlled Florida and the west
- England controlled the 13 colonies that occupied the Atlantic coastal region
4. Which nations were the major opponents in the Seven Years War?
- It pitted France, Austria, Russia, Saxony, Sweden and Spain against Great Britain and Prussia.
5. What was the conflict’s connection to the French …show more content…
and Indian War?
- It was the North American part of the conflict and France fought the British for control of North America.
6. Who fought whom on America soil during the French and Indian War?
- French and Indian vs. British and American colonist
7. What was the Proclamation of 1763?
- effectively drew a line down the Appalachians and forbade Americans to move west of it
a. What was its effect with respect to the Americans?
i. It was not well received in the colonies because the Americans went a long time with no representatives in Parliament to speak for them, so all laws passed in England were unilaterally imposed.
8. What was the first direct tax on the American people?
- Stamp Act (1764)
• This was the first direct tax on the Americans. It taxed newspapers, playing cards, legal documents and other printed materials. (The colonists despised the tax more for its impingement on American sovereignty than its revenue-raising 360
• 4+5component.) In reaction, the colonists rioted and boycotted British goods. This led to a rapid repeal of the Stamp Tax.
The violent protests, organized throughout the Colonies by a network of secret organizations known as the Sons of Liberty, caused the Royal Governors to flee to British forts, the stamp distributors to resign, and the Americans to physically demolish the stamp houses
9. What were the facts surrounding the Boston Massacre?
- The British had stationed troops in Boston to keep order. (Massachusetts was a hotbed for revolutionary activity and Boston was one of the most difficult areas for the British to control.
- On May 5, a Boston mob attacked a British sentry and a group of British soldiers was sent to rescue him. In the melee, the crowd taunted the soldiers and dared them to fire. The British did and five Americans were killed. Americans in all of the colonies were outraged.
a. What was John Adams’ role in the aftermath of the affair?
i. John Adam’s represented the British soldiers in there trial
10. What were the provisions of the Coercive Acts?
- Closed the Port of Boston (and stationed a British Fleet outside the city to ensure that the port remained closed);
- Closed the Massachusetts Assembly and replaced it with a royal assembly;
- Placed restrictions on free movement and the freedom of speech of the citizens of Boston and surrounding communities.
11. What was “Common Sense” and who wrote it?
- A pamphlet written by Thomas Paine during the American Revolution
a. What did it advocate?
i. Independence and anti-British monarchial control
12. Approximately what percentage of Americans remained loyal to England throughout the Revolutionary period?
- 1/3 of colonist remained loyal to Britain (Tories)
13. Were there written predecessors to the Declaration of Independence?
- Yes
- there were dozens of similar local “declarations” published in May and June of 1776 (e.g., resolves of the New York mechanics, Pennsylvania militiamen, Massachusetts town meetings, etc.). Most of these local declarations mirrored Jefferson’s – or vice-versa – by containing a philosophical preface, a bill of indictment against King George, and a formal commitment to independence. Further, Jefferson’s words closely echoed those written by George Mason in the Virginia Declaration of Rights (which predates Jefferson’s work)
14. When was the Revolutionary War fought?
- 1775-1783
a. How seriously did the British contest it?
i. They did not think it was a serious threat
b. What was France’s role?
i. France helped the Americans during the war, without their help the Americans probably wouldn’t have won.
15. What treaty ended America’s hostilities with England? When was it entered?
- The Treaty of Paris (1783)
16. What State delegation played the leading role at the Constitutional Convention?
- Virginia
17. What degree of publicity did the Convention receive while in session?
- It was a secret meeting they were suppose to amend the Articles of Confederation
18. What was the “Virginia Plan”?
- “Fifteen Resolves”
- It advocated much more than a tinkering with the Articles of Confederation. The creation of a supreme, national government consisting of Legislative, Executive, and Judicial branches.
a. What type of government did it promote?
i. A supreme national government
19. What were the elements of the “slavery bargain” reached at the Convention?
- For the purpose of representation in the House, slaves would be counted as 3/5 of a person in determining a state’s population
- The import tax on slaves would not to exceed $10; and
- There would be no importation of slaves post-1808
20. What is the procedure for amending the Constitution (that is, the most commonly used procedure)?
- proposed by 2/3 Congress and ratified by 3/4 of the States
21. How many States were needed to ratify the Constitution?
- 9 states
22. What were the primary objections to the proposed Constitution during the ratification period?
- It created too strong of a central government and was therefore contrary to Revolutionary principles;
- It contained no Bill of Rights;
- It provided for indirect representation of the Senate and the President;
- It created a federal judiciary that would potentially destroy the state courts;
- It created a president who was too independent;
- It created the office of Vice-President which was unnecessary and dangerous; and
- The Convention was only sanctioned to amend the Articles, and it went far beyond that while meeting in secret.
23. How close were the major States’ ratification votes?
- Pennsylvania 187/168; Virginia: 89/79; New York: 30/27
24. What was George Mason’s significant contribution to the Constitution?
- He first proposed the Bill of Rights but he went unheard at the Convention, so he left without signing the Constitution.
25. How many amendments were proposed by the First Congress?
- 12 amendments
a. How many of these were ratified in the 1790s?
i. 10 amendments were ratified
b. Specifically, when were the first ten amendments ratified?
i. September 25, 1789
THE NINE: Inside the Secret World of the Supreme Court
1. How many steps lead to the United States Supreme Court (“Court”)?
-44 steps
2. The “conservative rebellion” described by author Jeffrey Toobin sought to accomplish what general goals?
-Reverse Roe v. Wade and allow states to ban abortion
3. Between 1991 and 2005, how many justices of the Court were nominated by a Democratic President?
-2 justices
4. Generally speaking, what was Justice Sandra Day O’Connor’s judicial philosophy?
-Centrism was O’Connor’s judicial philosophy
5. Which President appointed Earl Warren to the Court? -Dwight Eisenhower
6. When did Earl Warren become Chief Justice? Warren Burger? - 1954
7. What year was Roe v. Wade decided? What was the vote? -1973 - 7-2
8. Which organization was formed in the 1980s to serve as a platform for advocating conservative legal ideals?
-The Federalist Society
9. In what year was Antonin Scalia confirmed to the Court? What year was William Rehnquist confirmed as Chief Justice?
- 1986-Scalia
- 1986-Rehnquist
10. Which conservative legal scholar lost a bitter confirmation fight in 1987?
- Robert Bork
11. By what vote margin was Clarence Thomas confirmed in the Senate?
- 7-7
12. How was Chief Justice Warren Burger viewed by his colleagues on the Court?
- He was disliked by almost all of the other justices because he did not know how to run the conferences.
13. What did the Court rule in Bowers v. Hardwick (1986)?
- A Georgia law classifying homosexual sex as illegal sodomy was valid because there was no constitutionally protected right to engage in homosexual sex. Eleventh Circuit reversed and remanded.
14. Which justice authored the landmark opinions in Baker v. Carr (1962), New York Times v. Sullivan (1964), and Eisentadt v. Baird (1972)?
- William Brennan
15. What was Thurgood Marshall’s background prior to joining the Court?
- Lawyer that had a very high success rate arguing before the Supreme Court and most noted for arguing Brown v. Board.
- Solicitor General by Lyndon B. Johnson
16. Which President nominated Marshall to the Court?
- Lyndon B. Johnson
17. Who replaced Marshall on the Court?
- Clarence Thomas
18. Which President nominated Clarence Thomas to the Court? What was his background prior to joining the Court?
- George H.W. Bush
- Background o Graduated Yale Law School o Attorney in Missouri o Assistant Attorney General in Missouri, 1974 o Legislative assistant to US Senator, 1979 o Assistant Secretary for Civil Rights for the Department of Education,1981 o Chairman of Equal Employment Opportunity Commission, 1982 o Judge on United States Courts of Appeals for the District of Columbia Circuit, 1990
19. Which two justices were at one time known as the Minnesota Twins?
- Warren Burger and Harry Blackmun
20. How did legislation passed by Congress in 1988 alter the Court’s docket and workload?
- Congress passed a law that essentially gave the Supreme Court complete control of its docket
21. What did President Nixon tell an aide after interviewing William Rehnquist for a seat on the Court?
- “Is he Jewish? He looks it… That’s a hell of a costume he’s wearing, just like a clown.”
22.
To what magazine did Clarence Thomas grant an interview shortly after his confirmation?
-
23. What was Sandra Day O’Connor’s background prior to joining the Court?
- Graduated 2nd in class from Stanford
- Elected official in Arizona
- Judge in Arizona
24. What does stare decisis mean?
- a legal principle by which judges are obliged to respect the precedents established by prior decisions
- "to stand by decisions and not disturb the undisturbed."
25. What was David Souter’s background prior to joining the Court? Which President nominated him? What were his personality traits?
- prosecutor, a state's attorney general, and as a judge on state trial and appellate courts
- George H.W. Bush
-
26. What did the Court rule in Rust v. Sullivan?
- The court upheld the abortion gag rule, which forbade doctors who received federal funds from even mentioning abortion to their patients.
- 5-4 decision
- Souter cast the key vote to uphold this ruling
27. Which justice received the most death threats as a result of the Court’s opinion in Roe v. Wade?
- Justice Blackmun
28. Which justice, emphasizing his refusal to compromise judicial views, said, “Originalists have nothing to trade!”
- Justice
Scalia
29. What are Ruth Bader Ginsburg’s personal traits? What was her background prior to joining the Court?
-
30. What are Stephen Breyer’s personal traits? What was his background prior to joining the Court?
-
31. What federal law was at issue in United States v. Lopez (1995)?
- Commerce Clause
32. In giving tours of the Court’s courtyard grounds, what feature of the lampposts would Sandra Day O’Connor point out to visitors?
- The turtles holding up the lampposts
33. What are Clarence Thomas’ personal traits and interests? What is his general judicial philosophy?
-
1. What was the first permanent colony founded in America? When was it founded?
- Jamestown
- 1607
2. What was the first representative assembly in America?
- The House of Burgess
3. Which foreign nations controlled which geographic areas of North America in 1760?
- France controlled the interior of North America (as well as Canada)
- Spain controlled Florida and the west
- England controlled the 13 colonies that occupied the Atlantic coastal region
4. Which nations were the major opponents in the Seven Years War?
- It pitted France, Austria, Russia, Saxony, Sweden and Spain against Great Britain and Prussia.
5. What was the conflict’s connection to the French …show more content…
and Indian War?
- It was the North American part of the conflict and France fought the British for control of North America.
6. Who fought whom on America soil during the French and Indian War?
- French and Indian vs. British and American colonist
7. What was the Proclamation of 1763?
- effectively drew a line down the Appalachians and forbade Americans to move west of it
a. What was its effect with respect to the Americans?
i. It was not well received in the colonies because the Americans went a long time with no representatives in Parliament to speak for them, so all laws passed in England were unilaterally imposed.
8. What was the first direct tax on the American people?
- Stamp Act (1764)
• This was the first direct tax on the Americans. It taxed newspapers, playing cards, legal documents and other printed materials. (The colonists despised the tax more for its impingement on American sovereignty than its revenue-raising 360
• 4+5component.) In reaction, the colonists rioted and boycotted British goods. This led to a rapid repeal of the Stamp Tax.
The violent protests, organized throughout the Colonies by a network of secret organizations known as the Sons of Liberty, caused the Royal Governors to flee to British forts, the stamp distributors to resign, and the Americans to physically demolish the stamp houses
9. What were the facts surrounding the Boston Massacre?
- The British had stationed troops in Boston to keep order. (Massachusetts was a hotbed for revolutionary activity and Boston was one of the most difficult areas for the British to control.
- On May 5, a Boston mob attacked a British sentry and a group of British soldiers was sent to rescue him. In the melee, the crowd taunted the soldiers and dared them to fire. The British did and five Americans were killed. Americans in all of the colonies were outraged.
a. What was John Adams’ role in the aftermath of the affair?
i. John Adam’s represented the British soldiers in there trial
10. What were the provisions of the Coercive Acts?
- Closed the Port of Boston (and stationed a British Fleet outside the city to ensure that the port remained closed);
- Closed the Massachusetts Assembly and replaced it with a royal assembly;
- Placed restrictions on free movement and the freedom of speech of the citizens of Boston and surrounding communities.
11. What was “Common Sense” and who wrote it?
- A pamphlet written by Thomas Paine during the American Revolution
a. What did it advocate?
i. Independence and anti-British monarchial control
12. Approximately what percentage of Americans remained loyal to England throughout the Revolutionary period?
- 1/3 of colonist remained loyal to Britain (Tories)
13. Were there written predecessors to the Declaration of Independence?
- Yes
- there were dozens of similar local “declarations” published in May and June of 1776 (e.g., resolves of the New York mechanics, Pennsylvania militiamen, Massachusetts town meetings, etc.). Most of these local declarations mirrored Jefferson’s – or vice-versa – by containing a philosophical preface, a bill of indictment against King George, and a formal commitment to independence. Further, Jefferson’s words closely echoed those written by George Mason in the Virginia Declaration of Rights (which predates Jefferson’s work)
14. When was the Revolutionary War fought?
- 1775-1783
a. How seriously did the British contest it?
i. They did not think it was a serious threat
b. What was France’s role?
i. France helped the Americans during the war, without their help the Americans probably wouldn’t have won.
15. What treaty ended America’s hostilities with England? When was it entered?
- The Treaty of Paris (1783)
16. What State delegation played the leading role at the Constitutional Convention?
- Virginia
17. What degree of publicity did the Convention receive while in session?
- It was a secret meeting they were suppose to amend the Articles of Confederation
18. What was the “Virginia Plan”?
- “Fifteen Resolves”
- It advocated much more than a tinkering with the Articles of Confederation. The creation of a supreme, national government consisting of Legislative, Executive, and Judicial branches.
a. What type of government did it promote?
i. A supreme national government
19. What were the elements of the “slavery bargain” reached at the Convention?
- For the purpose of representation in the House, slaves would be counted as 3/5 of a person in determining a state’s population
- The import tax on slaves would not to exceed $10; and
- There would be no importation of slaves post-1808
20. What is the procedure for amending the Constitution (that is, the most commonly used procedure)?
- proposed by 2/3 Congress and ratified by 3/4 of the States
21. How many States were needed to ratify the Constitution?
- 9 states
22. What were the primary objections to the proposed Constitution during the ratification period?
- It created too strong of a central government and was therefore contrary to Revolutionary principles;
- It contained no Bill of Rights;
- It provided for indirect representation of the Senate and the President;
- It created a federal judiciary that would potentially destroy the state courts;
- It created a president who was too independent;
- It created the office of Vice-President which was unnecessary and dangerous; and
- The Convention was only sanctioned to amend the Articles, and it went far beyond that while meeting in secret.
23. How close were the major States’ ratification votes?
- Pennsylvania 187/168; Virginia: 89/79; New York: 30/27
24. What was George Mason’s significant contribution to the Constitution?
- He first proposed the Bill of Rights but he went unheard at the Convention, so he left without signing the Constitution.
25. How many amendments were proposed by the First Congress?
- 12 amendments
a. How many of these were ratified in the 1790s?
i. 10 amendments were ratified
b. Specifically, when were the first ten amendments ratified?
i. September 25, 1789
THE NINE: Inside the Secret World of the Supreme Court
1. How many steps lead to the United States Supreme Court (“Court”)?
-44 steps
2. The “conservative rebellion” described by author Jeffrey Toobin sought to accomplish what general goals?
-Reverse Roe v. Wade and allow states to ban abortion
3. Between 1991 and 2005, how many justices of the Court were nominated by a Democratic President?
-2 justices
4. Generally speaking, what was Justice Sandra Day O’Connor’s judicial philosophy?
-Centrism was O’Connor’s judicial philosophy
5. Which President appointed Earl Warren to the Court? -Dwight Eisenhower
6. When did Earl Warren become Chief Justice? Warren Burger? - 1954
7. What year was Roe v. Wade decided? What was the vote? -1973 - 7-2
8. Which organization was formed in the 1980s to serve as a platform for advocating conservative legal ideals?
-The Federalist Society
9. In what year was Antonin Scalia confirmed to the Court? What year was William Rehnquist confirmed as Chief Justice?
- 1986-Scalia
- 1986-Rehnquist
10. Which conservative legal scholar lost a bitter confirmation fight in 1987?
- Robert Bork
11. By what vote margin was Clarence Thomas confirmed in the Senate?
- 7-7
12. How was Chief Justice Warren Burger viewed by his colleagues on the Court?
- He was disliked by almost all of the other justices because he did not know how to run the conferences.
13. What did the Court rule in Bowers v. Hardwick (1986)?
- A Georgia law classifying homosexual sex as illegal sodomy was valid because there was no constitutionally protected right to engage in homosexual sex. Eleventh Circuit reversed and remanded.
14. Which justice authored the landmark opinions in Baker v. Carr (1962), New York Times v. Sullivan (1964), and Eisentadt v. Baird (1972)?
- William Brennan
15. What was Thurgood Marshall’s background prior to joining the Court?
- Lawyer that had a very high success rate arguing before the Supreme Court and most noted for arguing Brown v. Board.
- Solicitor General by Lyndon B. Johnson
16. Which President nominated Marshall to the Court?
- Lyndon B. Johnson
17. Who replaced Marshall on the Court?
- Clarence Thomas
18. Which President nominated Clarence Thomas to the Court? What was his background prior to joining the Court?
- George H.W. Bush
- Background o Graduated Yale Law School o Attorney in Missouri o Assistant Attorney General in Missouri, 1974 o Legislative assistant to US Senator, 1979 o Assistant Secretary for Civil Rights for the Department of Education,1981 o Chairman of Equal Employment Opportunity Commission, 1982 o Judge on United States Courts of Appeals for the District of Columbia Circuit, 1990
19. Which two justices were at one time known as the Minnesota Twins?
- Warren Burger and Harry Blackmun
20. How did legislation passed by Congress in 1988 alter the Court’s docket and workload?
- Congress passed a law that essentially gave the Supreme Court complete control of its docket
21. What did President Nixon tell an aide after interviewing William Rehnquist for a seat on the Court?
- “Is he Jewish? He looks it… That’s a hell of a costume he’s wearing, just like a clown.”
22.
To what magazine did Clarence Thomas grant an interview shortly after his confirmation?
-
23. What was Sandra Day O’Connor’s background prior to joining the Court?
- Graduated 2nd in class from Stanford
- Elected official in Arizona
- Judge in Arizona
24. What does stare decisis mean?
- a legal principle by which judges are obliged to respect the precedents established by prior decisions
- "to stand by decisions and not disturb the undisturbed."
25. What was David Souter’s background prior to joining the Court? Which President nominated him? What were his personality traits?
- prosecutor, a state's attorney general, and as a judge on state trial and appellate courts
- George H.W. Bush
-
26. What did the Court rule in Rust v. Sullivan?
- The court upheld the abortion gag rule, which forbade doctors who received federal funds from even mentioning abortion to their patients.
- 5-4 decision
- Souter cast the key vote to uphold this ruling
27. Which justice received the most death threats as a result of the Court’s opinion in Roe v. Wade?
- Justice Blackmun
28. Which justice, emphasizing his refusal to compromise judicial views, said, “Originalists have nothing to trade!”
- Justice
Scalia
29. What are Ruth Bader Ginsburg’s personal traits? What was her background prior to joining the Court?
-
30. What are Stephen Breyer’s personal traits? What was his background prior to joining the Court?
-
31. What federal law was at issue in United States v. Lopez (1995)?
- Commerce Clause
32. In giving tours of the Court’s courtyard grounds, what feature of the lampposts would Sandra Day O’Connor point out to visitors?
- The turtles holding up the lampposts
33. What are Clarence Thomas’ personal traits and interests? What is his general judicial philosophy?
-