Gov unit 7

Judicial review

Power of courts to decide if laws/actions are constitutional.

Marbury v. Madison

Established judicial review.

Judicial restraint

Judges should mainly apply existing law.

Judicial activism

Judges actively interpret broad constitutional principles.

Strict construction

Interpret Constitution closely by its wording.

Loose construction

Interpret Constitution broadly using general principles.

Federalist #78

It called the judiciary the “least dangerous branch.”

Dual-court system

The U.S. has both state and federal courts.

Federal district courts

Federal trial courts; there are 94.

U.S. Courts of Appeals

Hear appeals from lower federal courts; there are 12.

Supreme Court

Highest court; hears major federal/constitutional cases.

Legislative courts

Courts created by Congress with fixed-term judges.

Original jurisdiction

Power to hear a case first.

Change of venue

Moving a trial to a different location.

Amicus curiae brief

A “friend of the court” brief from an interested outside party.

Stare decisis

Following precedent.

Writ of certiorari

Order for the Supreme Court to review a lower court case.

Rule of four

Four justices must vote to hear a case.

Majority opinion

Main opinion representing the Court’s ruling.

Concurring opinion

Agrees with the result, but for different reasons.

Dissenting opinion

Opinion disagreeing with the majority.

Per curiam opinion

Brief, unsigned Court opinion.

Senatorial courtesy

Senators influence judicial picks from their states.

Criminal case

Government prosecutes someone for breaking the law.

Civil case

Dispute over rights, money, or harm between parties.

Class action lawsuit

One lawsuit represents many similar people.

Litigation

The process of taking disputes to court.

Solicitor General

Top federal lawyer before the Supreme Court.

Sovereign immunity

Government can’t be sued without its consent.

Advice and consent

President nominates judges; Senate confirms.

First Amendment

Protects speech, religion, press, assembly, and petition.

Doctrine of preferred position

First Amendment freedoms get especially strong protection.

ACLU influence

Defends civil liberties through litigation and advocacy.

Elite opinion / law review influence

Lawyers and scholars can shape judicial thinking.

Schenck v. U.S.

It created the clear and present danger test.

Clear and present danger

Speech can be limited if it poses an immediate serious threat.

Symbolic speech

Nonverbal expression protected as speech.

Roe v. Wade

Recognized abortion rights through privacy/liberty reasoning.

Dobbs

Overturned Roe.

Griswold v. Connecticut

Recognized privacy rights tied to contraception.

Rational basis

Law must be reasonably related to a legitimate government goal.

Intermediate scrutiny

Law must be substantially related to an important government goal.

Strict scrutiny

Government needs a compelling interest and least restrictive means.

Brown v. Board

Ended school segregation under equal protection.

Equal protection clause

States cannot deny equal protection of the laws.

Establishment clause

Government cannot establish religion.

Free exercise clause

Protects religious practice.

Selective incorporation

Bill of Rights protections applied to states through the 14th Amendment.

McDonald v. Chicago

Applied the Second Amendment to the states.

Tinker v. Des Moines

Protected student symbolic speech in school.

8th Amendment / death penalty

Bans excessive bail, excessive fines, and cruel and unusual punishment.

Furman v. Georgia

Temporarily halted the death penalty.

Gregg v. Georgia

Allowed the death penalty back with safeguards.

Same-sex marriage

Due process and equal protection supports same-sex marriage.

U.S. v. Windsor

Struck down part of DOMA.

Obergefell v. Hodges

States cannot ban same-sex marriage.

Gender discrimination

Intermediate scrutiny applies to gender discrimination.

Reed v. Reed

First case saying equal protection blocks sex discrimination.

U.S. v. Virginia

VMI had to admit women.

Title IX

Bans sex discrimination in federally funded education.

Letter from a Birmingham Jail

Defends civil disobedience against unjust laws.

New York Times v. U.S.

Limited prior restraint by the government.

Prior restraint

Government censorship before publication or speech occurs.

Executive privilege

Presidential secrecy is not absolute.

Gideon v. Wainwright

Guaranteed right to counsel in state felony cases.

Right to counsel

Right of criminal defendants to a lawyer.

Wisconsin v. Yoder

Protected Amish free exercise rights over compulsory schooling.

Engel v. Vitale

Banned state-sponsored school prayer.

Exclusionary rule

Illegally obtained evidence cannot be used in court.

Mapp v. Ohio

Applied the exclusionary rule to the states.

Good faith exception

Some evidence may still be used if police acted in good faith.

Civil liberties

Protections from government interference.

Civil rights

Protections against unequal treatment.

Civil Rights Act of 1964

Banned discrimination in public places, jobs, and federally funded programs.

Voting Rights Act of 1965

Protected voting rights and required preclearance in some states.

Shelby County v. Holder

Struck down the preclearance coverage formula.

Affirmative action

Policies addressing past discrimination and promoting diversity.

Regents of UC v. Bakke

Race may be a factor, but quotas are not allowed.

Grutter / Gratz

Holistic use of race could be allowed; point systems were not.

Fundamental rights

Highly protected rights like marriage, privacy, and voting.

Federal question case

Case involving the Constitution, federal laws, or treaties.

Diversity case

Case involving citizens of different states.

Dual sovereignty doctrine

State and federal governments can both prosecute the same conduct.

Standing

Legal right to bring a case.

Checks on judicial power

Confirmation, impeachment, jurisdiction control, amendments, and public opinion.