Judicial Branch, Civil Liberties and Civil Rights

Judicial Review

Power of courts to declare laws unconstitutional, established to uphold the Constitution

Jurisdiction

Authority of a court to hear and decide a case

Original Jurisdiction

Court hears a case for the first time

Appellate Jurisdiction

Court reviews a lower court’s decision

Rule of Four

At least 4 justices must agree to hear a case

Judicial Restraint

Judges follow precedent and limit use of judicial power

Judicial Activism

Judges interpret the Constitution broadly to address issues

Majority Opinion

Official decision explaining the court’s ruling

Concurring Opinion

Agrees with decision but uses different reasoning

Dissenting Opinion

Disagrees with the majority decision

Number of SCOTUS Justices

9 justices serve on the Supreme Court

SCOTUS Term Length

Life term to ensure independence from political pressure

Term Determination

Justices serve during “good behavior” (no set limit)

Stare Decisis

Following precedent from previous cases

Writ of Certiorari

Order for SCOTUS to review a lower court case

Amicus Curiae

“Friend of the court” who provides additional information

Engel v. Vitale

School-sponsored prayer in public schools is unconstitutional

• 1st Amendment

• Establishment Clause

Schenck v. United States

Limited speech that creates a clear and present danger

• 1st Amendment

• Free Speech Clause

Gideon v. Wainwright

Guaranteed right to an attorney in criminal cases

• 6th Amendment

• Right to Counsel Clause

Tinker v. Des Moines

Students have protected free speech in schools

• 1st Amendment

• Free Speech Clause

Mapp v. Ohio

Illegal evidence cannot be used in court

• 4th Amendment

• Protection against unreasonable searches and seizures

• Exclusionary Rule (applied through 14th Amendment)

Miranda v. Arizona

Police must inform suspects of their rights

• 5th Amendment

• Self-Incrimination Clause

• 6th Amendment (right to an attorney)

Brown v. Board of Education

School segregation is unconstitutional

• 14th Amendment

• Equal Protection Clause

Civil Liberties

Freedoms from government interference

Civil Rights

Protection from discrimination

1st Amendment

Freedoms of speech, religion, press, assembly, petition

2nd Amendment

Right to bear arms

3rd Amendment

No quartering of soldiers in homes

4th Amendment

Protection from unreasonable searches and seizures

5th Amendment

Due process, no self-incrimination, no double jeopardy

6th Amendment

Right to fair, speedy trial and lawyer

7th Amendment

Right to jury trial in civil cases

8th Amendment

No cruel and unusual punishment

9th Amendment

Protects rights not specifically listed

10th Amendment

Powers not given to federal government go to states

13th Amendment

Abolishes slavery

14th Amendment

Citizenship, equal protection, due process

Clear and Present Danger

Speech can be limited if it poses an immediate threat

Free Exercise Clause

Right to practice religion freely (1st Amendment)

Establishment Clause

Government cannot establish or favor religion (1st Amendment)

Due Process Clause

Guarantees fair treatment under the law

5th vs 14th Due Process

5th applies to federal government, 14th applies to states

Affirmative Action

Policies that support opportunities for disadvantaged groups

Title IX

Prohibits sex discrimination in education programs