unit 6 judiciary review

strict constructionism

interprets the Constitution based on a literal, narrow reading of its text

original intent of the framers

ignores context

textualism

based on the ordinary, reasonable meaning, considers context

original intent

judges interpret the Constitution based on the understood goals of the Framers

Loose constructionism 

justices strike down laws or reverse precedents to actively shape public policy

district court

lowest tier of the federal judiciary

Circuit court

review legal issues from lower courts, not facts (appellate)

Supreme Court 

highest federal court

Original vs. Appellate jurisdiction 

Original jurisdiction is the authority of a court to act as the first to hear a case

Appellate jurisdiction is the power of higher courts to review and change decisions from lower courts,

Civil vs. criminal law

Criminal law involves government prosecution

Civil law handles disputes between private parties over rights,

Felony vs. Misdemeanor

felony: series criminal offense

misdemeanor: less serious offense

Judicial review

review laws and constitutionality

Precedent

a prior court ruling

Rule of four 

unwritten custom that requires at least 4 judges to vote on writ of certiorari in order to hear a case

** writ of certioari: ordering lower court to send case up

Stare Decisis 

let the decision stand, requires courts to follow precedent (promotes consistency)

2 clauses of the freedom of religion (first amendment)

establishment clause and free exercise clause

establishment clause

prohibits government from creating an official state religion, or favoring one religion over another

free exercise clause

prohibits government from interfering with a citizen’s practice of their religion

prior restraint/censorship

government censorship that prohibits speech or expression BEFORE it can take place (deemed unconstitutional under first amendment)

libel vs slander

libel: written or published defamation

slander: spoken defamation

**neither is protected under first amendment

obscenity

sexual material that are UNPROTECTED by the first amendment freedom of speech

search warrant (4th amendment)

requires legal document authorized by judge based on probable cause that permits law enforcement to search a person/place

**probable cause: reasonable suspicion backed by facts or evidence that a crime as been committed

exclusionary rule (4th amendment)

prohibits evidence obtained in violation of the fourth amendment (illegal search and seizures) from being used in criminal trials

miranda rights

law enforcements must tell suspects in custody of their rights

• 5th amendment right against self incrimination

• 6th amendment right to counsel before interrogation

due process (14th amendment)

prohibits state governments from depriving any person of life liberty and property without due process of law

eminent domain

government’s power to seize private property for public use, and requires government to provide compensation to owner

plea bargain

negotiated agreement where defendant agrees to plead guilty to a criminal charge in exchange for a more lenient sentence

right to privacy 9th amendment

implicit right to privacy

14th amendment equal protection clause

mandates that no state shall deny any person equal protection of the laws (prevents discrimination)

voting rights act of 1965

eliminated legal barriers like tests that prevented african americans from voting

24th amendment

prohibits federal and state governments from imposing poll taxes as requirement for voting in federal elections

americans with disability act

prohibits discrimination based on physical or mental impairments (requires accomodations in public areas and employment)

title IX

prohibits sex based discrimination in education programs or activities receiving federal financial assistance

affirmative action

policies designed to increase educational and employment opportunities for underrepresented groups

fed 78

argues for independent judiciary (courts and judges make impartial decisions based only on laws and facts)

• lifetime tenure for federal judges

• power of judicial review

article III

establishes judicial branch

letter from a birmingham jail

defended nonviolent direct action against segregation

• calls out the white moderates who prefer order over justice