Unit 2 Study Guide: Foundations of US Government and Politics

Federalist Paper 78

Alexander Hamilton's argument for an independent judiciary.

The Constitution - Article III

Establishes the judicial branch.

McCulloch v. Maryland (1819)

Federal supremacy and implied powers.

Marbury v. Madison (1803)

Established judicial review.

Engel v. Vitale (1962)

Prohibited school-sponsored prayer.

Wisconsin v. Yoder (1972)

Religious freedom vs. state education requirements.

Schenck v. U.S. (1919)

Limited free speech under 'clear and present danger' doctrine.

Tinker v. Des Moines (1969)

Protected symbolic speech in schools.

New York Times v. U.S. (1971)

Strengthened press freedom against prior restraint.

McDonald v. Chicago (2010)

Applied the Second Amendment to states.

Gideon v. Wainwright (1963)

Right to legal counsel for criminal defendants.

Roe v. Wade (1973)

Established the right to privacy in abortion cases.

Judicial Review

The ability of courts to declare laws unconstitutional, strengthening judicial authority.

Role of Precedents & Stare Decisis

Past rulings shape future legal decisions, ensuring stability in the law.

Federal and Illinois State Court Structures

Federal courts include district courts, circuit courts, and the Supreme Court.

Dual Court System

Federalism ensures separate state and federal court jurisdictions.

Appealing to the Supreme Court

Steps: Trial court → Appeals court → Petition for certiorari → Supreme Court hearing.

Supreme Court Case Procedures

Brief submissions, oral arguments, deliberation, and issuance of opinions.

Selection of Federal Judges & Justices

Factors: Constitutional requirements, political ideology, and Senate confirmation.

Impact of Presidential Appointments

Shifts in Court ideology influence long-term legal precedents.

Factors Influencing Supreme Court Decisions

Precedent, constitutional interpretation, and societal values.

Challenges to Court Legitimacy

Unpopular rulings may be countered through appointments, jurisdiction changes, or non-enforcement.

Restrictions on Supreme Court Power

Congress can pass legislation altering judicial impact or amend the Constitution.

Judicial Independence vs. Political Influence

Lifetime tenure protects justices, but appointment/confirmation process involves politics.

Judicial Activism vs. Restraint

Activism: Judges broadly interpret the Constitution to address societal issues. Restraint: Judges defer to legislatures unless laws are clearly unconstitutional.

Balancing Government Power & Civil Liberties

The Bill of Rights protects freedoms, but courts interpret limits (e.g., Schenck v. U.S.).

Bill of Rights Overview

First 10 Amendments enumerate rights and limit government power.

Definition & Importance of Civil Liberties

Protect individuals from arbitrary government interference.

Selective Incorporation

Courts apply Bill of Rights protections to states via the Fourteenth Amendment.

First Amendment Cases

Engel v. Vitale (school prayer), Wisconsin v. Yoder (religious exemptions), Tinker v. Des Moines (symbolic speech).

Speech Restrictions & Social Order

Limits include time/place regulations, defamation, obscenity, and national security concerns (Schenck v. U.S.).

Freedom of Press

New York Times v. U.S. limited government power to censor publications.

Eighth Amendment & Death Penalty

Courts interpret 'cruel and unusual punishment' differently over time.

Selective Incorporation & Gun Rights

McDonald v. Chicago extended the Second Amendment to states.

Due Process & the Rights of the Accused

Gideon v. Wainwright (right to an attorney), Mapp v. Ohio (exclusionary rule).

Privacy Rights & Controversy

Roe v. Wade established a constitutional right to privacy, sparking ongoing legal and political debates.