US Government - Semester 2: Final (Article III: Judicial Branch)

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the Constitution created what in Article III

supreme court, gave congress the power to create the rest of the federal court system

bill of rights

first ten amendments, function as protection against an abusive federal government, the government cannot take these away

layers of the federal court system

district courts, court of appeals, supreme court

district courts

federal trial courts, 94 total, divided into judicial districts and handle 80% of federal cases

court of appeals

layer above district courts, 13 total, hear questions if the law was applied correctly at the trial and determine if there should be a new trial

supreme court

court of last resort

asked to hear about 10k cases but only choose 60-80 per year

determine of laws, actions of the president, and limitations of rights are constitutional or not (interpret law)

9 members

federal court judge

president nominates and the senate confirms (simple majority), appointed for life and can only be removed through impeachment, no constitutional requirements

limitations of rights

if it infringes on the rights and safety of others

precedence

a previous decision that sets a standard for future decision making around a specific topic, not permanent

judicial review

ability of the supreme court to make decisions based on the constitutionality of laws, executive actions, and other government actions

1st amendment

freedom of religion, speech, press, assembly, and petition

freedom of religion

you can practice any religion or none at all, establishment clause, can be limited if practices infringe on rights and safety

establishment clause

congress shall make no law respecting an establishment of religion

freedom of speech

you have the right to express your ideas and opinions

can be limited if obscene, defamatory, or incite violence

freedom of press

the media can publish news and opinions without government controlcan be limited if libel, slandering, or inciting)

freedom of assembly

people can gather in groups for protest, meetings, or celebrations

can be limited if affects public order or by location)

freedom of petition

right to establish something new, to change

2nd amendment

protects the right to bear arms

3rd amendment

prevents government from forcing homeowners to allow soldiers to use their homes, originating from before the Revolutionary War where British soldiers had the right to take over private homes

4th amendment

bars the government from unreasonable search and seizure of an individual or their private property

5th amendment

provides protections for people accused of crimes, like serious charges being started by a grand jury, a person cannot be charged twice for the same crime (double jeopardy), or have property taken without just compensation

also right against self-incrimination (i plead the fifth) and not being imprisoned without due process of law

6th amendment

provides additional protections to the people accused of crimes, like the right to a speedy and public trial, trial by an impartial jury, and the right to be informed of criminal charges

also witness must face the accused and the accused is allowed their own witnesses and to be represented by a lawyer

7th amendment

extends the right to a jury trial to federal civil cases

8th amendment

bars excessive bail and fines and cruel and unusual punishment

9th amendment

states that listing specific rights in the constitution does not mean that other rights have not been spelled out

10th amendment

federal government only has those powers delegated in the constitution

if not listed, it belongs to the states or people

tinker v. des moines (1969)

can students wear armbands in school to protest the Vietnam war

yes, students do not lose their 1st amendment rights at school

protected under symbolic speech as long as it does not disrupt learning

engel v. vitale (1962)

can public schools lead students in a prayer, even if it is non-denominational and voluntary

no, violates establishment clause reinforcing the separation of church and state

mcdonald v. chicago

does the 2nd amendment apply to the states because it is incorporated by the 14th amendment

yes, the 14th amendment makes the 2nd amendment right to keep and bear arms for the purpose of self defence applicable to the states

mapp v. ohio (1961)

were the confiscated materials protected from seizure by the 4th amendment

all evidence obtained by searches and seizures in violation of the 4th amendment is admissible in a state court

miranda v. arizona (1966)

does the 5th amendment’s protection against self-incrimination extend to the police interrogation of a suspect

yes, in violation of the 5th amendment, procedural safeguards are required

gideon v. wainwright (1963)

does the 6th amendment’s right to counsel in criminal cases extend to defendants in state courts

yes, the 6th amendment requires state courts to appoint attorneys for defendants who cannot afford to retain counsel of their own

brown v. board of education (1954)

does racial segregation in public schools violate the equal protection clause of the 14th amendment

yes, segregated schools are inherently unequal and violate the equal protection clause of the 14th amendment

roe v. wade (1943)

does the constitution protect a woman’s right to have an abortion under the right to privacy

yes, the right to privacy, which is implied by the due process clause of the 14th amendment, protects a woman’s decision to have an abortion — at least during the early stages of pregnancy

schenck v. united states (1919)

does the first amendment protect speech that encourages people to resist the draft during wartime

no, ruling that speech can be limited if it creates a “clear and present danger” to national security or public order

dobbs v. jackson women’s health organization (2022)

does the constitution protect a right to abortion

no, overturned roe v. wade and planned parenthood v. casey

each state now has the power to make its own abortion laws, including banning it entirely