AP Gov Judiciary Test

FEDERAL COURTS Bill of rights only impacted federal laws originally

Bill of rights didn’t extend to state governments

What const. article describes our judiciary? Article III 3. Incorporation doctrine, bill of rights apply to states

1. Judiciary Act of 1789, creates 3 tiered court system 4. Selective incorporation, supreme court says only

Federal judges serve life terms, “good behavior” in const. “fundamental rights” in bill of rights apply to states

2. Federal district courts, 94 of them, lowest level court 5. 14 th amendment’s due process clause says that

Every state has at least 1 federal district court state laws can’t deny fundamental rights like speech

3. 12 Circuit courts of appeals, “appellate courts” Who wrote the bill of rights? James Madison

4. Congress is empowered to create/dissolve lower courts Was the bill of rights in the original constitution?

5. Rule of 4, 4 supr. court judges are needed to hear a case Who fought to pass bill of rights? Anti-federalists

What’re the key terms you need to know? 1 st Amendment

1. Original jurisdiction, court that 1 st hears case. Freedom of speech, press, religion, assembly, petition

Do appellate courts have original jurisdiction? 1. Seditious speech, anti-government speech

2. Solicitor general, fed. govt’s top supreme court lawyer Espionage act creates “clear and present danger”

3. Amicus curiae, “friend of the court” parties lobby court 2. Speech resulting in “imminent harm” is illegal now

4. Writ of Certiorari, “to be fully informed”, ordering up 3. Prior restraint, govt. censors press, imminent harm

by the supr. court of lower court legal arguments 4. “Actual malice” speech is unconstitutional

5. In forma pauperis, “in the form of a pauper”, poor 5. False stories about public persons are legal

don’t have to observe all the legal procedures, rules 6. Libel, defamatory written statements. Slander,

6. Stare decisis, courts honor president (previous rulings) defamatory oral statements

7. Judicial activism, liberal judge who interprets constitution Defamation, words that are false and/or hurtful,

To address changing times since the 18 th century to win case you must quantify monetary loss

8. Constructionalist judge, conservative judge who 7. Press can’t lie and bankrupt a company. Dominion

supports judicial restraint, limited judicial review 8. Fighting words are not protected free speech

9. Original intent, interpret const. as founders wanted 9. Student speech is limited, school newspaper ruling

10. Sovereign immunity, fed. govt. can dismiss a case, 10. Symbolic speech is protected free speech

presidents are rarely forced into court while in office Established with the Tinker ruling, black armbands

11. Full faith and credit clause, states must honor other 11. Campaign donations are protected free speech

state’s laws, documents and certifications Established with Citizens United case, superpacs

12. Senatorial courtesy, presidents ask a senior senator 12. Pornography is protected free speech, soft and

for a federal judge recommendation hard core pornography, but not “obscene porn”

Will a president ask a senator for their recommendation 13. Obscenity is not protected free speech

on a supreme court pick? Nope Fed. communication commission, FCC enforced

13. Exclusionary rule, evidence obtained illegally isn’t 14. Commercial speech, govt. can censor false ads

admissible in court Examples, warning labels in cigarettes and beer

14. Title 9, prohibits gender-based discrimination at What’re the 2 religious rights in the 1 st Amendment?

schools receiving federal grants. Women’s sports 1. Establishment clause, govt. can’t promote a faith

Criminal trial, govt. prosecuting you for breaking law Where does govt. and religion intersect? Schools

Civil trial, citizens vs citizen, no govt. prosecutor 2. Free exercise clause, govt. can’t interfere with how

citizen’s worship. Hobby lobby case, contraceptives

BILL OF RIGHTS 1 st Amendment’s right to assemble

Supreme court backed boy scouts ban of gays

1. Civil liberties, freedoms protected from govt. abuse KKK & other groups determine their membership

Enlightenment philosophers inspired our founders 1 st Amendment’s right to petition

2. Civil rights, minority groups fighting for more rights W. house responds to 100,000 signature petitions

What was more important to our founders? Civil liberties Do these federal govt. petitions do anything? No

2 nd Amendment, right to keep and bear arms A) Due process clause, state govts can’t take away

Why’d our founders love their guns so much? a person’s “life, liberty or property” without due

Without guns, couldn’t win American Revolution process, observing proper laws/rules/conduct

Does the 2 nd amendment apply to states? Yes What bill of right amendment is the 14 th amend’s

3 rd Amendment, no quartering soldiers in our homes due process clause modeled after? 5 th amend.

Is the “right to privacy” found in the bill of rights? No B) Equal protection clause, all residents are equal

Right to privacy, 1. Supreme court said we have this right under state law. Also copied from 5 th amend.

Contraceptive case involving planned parenthood Who has used the 14 th amend.’s equal protection

Roe v Wade, 1973, abortion was legal, right to privacy clause at the supreme court? Minority groups

Norma McCorvey, “Jane Roe”, later pro-life supporter 5. 15 th amendment, voting rights for Black men

2. Dobbs v Jackson, 2022, overturns Roe v Wade Jim crow laws, Black codes, segregation laws

3. Sodomy laws overturned, 2003, right to privacy existed in the South for another 100 years

4. Euthanasia, physician assisted suicide, legal in some states What were poll taxes? Ended with the 24 th amend.

Who was Dr. Jack Kevorkian? What happened to him? What were grandfather clauses? Literacy tests?

4 th Amendment, No unreasonable searches 6. How’d NAACP lawyers end segregation?

1. Reasonable suspicion, frisk, pull over in car, teacher A) Supremacy, commerce, equal protection clauses

searching bookbag, breathalyzer. 2. Probable cause/ NAACP lawyers 1 st sought to desegregate schools

warrant, search car, home, locker, home 7. Brown v Board of education, 1954, Linda Brown

5 th Amendment, 1. Eminent domain, government can seize Unanimous 9-0. Didn’t declare a timeline, stalling

your property for the public good and econ. development Brown v Board of ed., 1955, “all deliberate speed”

2. Due process clause, only applied to fed. govt. at 1 st Why didn’t Eisenhower enforce Brown ruling?

3. Right to remain silent, to stop harsh interrogations Little Rock 9, 1957, what happened?

6 th Amendment, right to a free lawyer/counsel/attorney John Lewis, who was he?

7 th Amendment, right to a jury trial if charged with a felony 8. Civil rights act, 1964, cong/presd. outlaw segreg.

8 th Amendment, no excessive fines, bail, cruel or unusual Signed into law by LBJ, (who did more than JFK)

punishment. In Middle Ages, Puritan New England? Yes 9. Voting rights act, 1965, citizens can’t be denied

Does the death penalty violate the 8 th amendment? No suffrage based on race. Reinforces 15 th amendment

9 th Amendment, we have right not in the bill of rights LBJ, “We’ve lost the south for a generation”

10 th Amendment, all powers not given to the federal “Great white switch”, end of southern dixie-crats

government are reserved for the state governments Affirmative action, LBJ executive order

Why was this passed? States feared abusive federal govt. Overturned by the supreme court

Republicans like it, prefer local govt. to fed. govt.

Commerce and elastic clauses help feds. thwart 10 th

CIVIL RIGHTS

What’s the difference between civil liberties and civil rights?

Civil liberties, innate freedoms individuals have that the

government can’t take away, found in the Bill of Rights

1. Civil rights, discriminated minority groups efforts to win

Equality for Blacks, handicapped, LGBTQ, elderly

What 14 th amendment clause gives minorities rights?

Equal protection clause, all groups must be treated equally

Under state laws. Passed in 1868 to help Blacks

This clause is used in courts by lots of minority groups

2 . Emancipation proclamation, executive order, frees slaves

What’re the “Civil War constitutional amendments”?

13 th amendment, 14 th amendment and 15 th amendment

3. 13 th amendment, ends slavery

4. 14 th amendment, longest amendment in the constitution

(The college board loves to ask 14 th amend. questions)

Birthright citizenship, passed to stop southern from

denying citizenship/voting rights to freed slaves