AP US Government Unit 5 Civil Rights and Liberties

Amicus Curiae Briefs

An individual or organization that is not a party to a lawsuit but has a strong interest in the outcome. They assist the court by offering information, expertise, or unique perspectives that the primary litigants might have missed

Appellate Jurisdiction

The power of a higher court to review, amend, and overrule decisions made by lower courts. They don’t hear new testimonies, conduct trials or use a jury, or admit new evidence.

US Court of Appeals

They serve as the crucial middle tier between the local District Courts and the Supreme Court. Their primary function is to exercise appellate jurisdiction.

Attorney General

In the US, heads the Department of Justice (DOJ) and is a member of the President’s Cabinet. This person is appointed by the President and must be confirmed by the Senate.

Class Action Suits

A legal maneuver where one person or a small group of people (the "lead plaintiffs") sue on behalf of a much larger group of people (the "class") who have all suffered a similar injury or loss.

Concurring Opinion

A written explanation by one or more judges who agree with the majority's ultimate decision (the "who won" part) but for different legal reasons.

Think of it as saying: "I agree with the destination, but I think we should have taken a different road to get there."

Dissenting Opinion

A written explanation by one or more judges who disagree with the majority’s decision in a case.

Dred Scott v Sandford

Dred Scott was an enslaved man who had been taken by his owner, an army surgeon named John Emerson, from the slave state of Missouri into the free state of Illinois and the free Wisconsin Territory. After Emerson died, Scott sued for his freedom in 1846, arguing that his residence in "free soil" had made him a free man. After years of litigation in state courts, the case reached the U.S. Supreme Court.

Ruling: Chief Justice Robert B. Taney declared that African Americans—whether enslaved or free—were not and could never become citizens of the United States. He infamously wrote that they were "regarded as beings of an inferior order" and had "no rights which the white man was bound to respect." Therefore, Scott had no right to sue in federal court. The Court ruled that the Missouri Compromise of 1820, which prohibited slavery in certain Northern territories, was unconstitutional.

Judicial Activism

It describes a philosophy where judges allow their personal views on public policy—or their interpretation of social needs—to guide their legal decisions, often resulting in the overturning of existing laws or precedents.

Judicial Restraint

This encourages judges to limit the exercise of their own power and hesitate to strike down laws unless they are obviously unconstitutional.

Judicial Review

It is the authority of a court to examine the actions of the legislative, executive, and administrative arms of the government and determine whether those actions are consistent with the constitution.

In the United States, if a law is found to be in conflict with the Constitution, the Supreme Court can declare it "null and void."

Liberal Constructionist

This is someone who believes that the Constitution is a "living document" that should be interpreted broadly to meet the changing needs of society. They argue that the government has implied powers that allow it to address modern problems that the Founding Fathers could never have imagined.

Majority Opinion

This is the official decision of the court. It is a written document that explains the legal reasoning behind the ruling agreed upon by more than half of the judges presiding over a case.

In the U.S. Supreme Court, which has nine justices, a majority opinion requires the agreement of at least five of them.

Marbury v Madison

1800: Outgoing President John Adams (a Federalist) spent his final days in office appointing dozens of Federalist judges to secure his party’s influence. When Thomas Jefferson (a Democratic-Republican) took office, his Secretary of State, James Madison, refused to deliver the remaining commissions (the official paperwork) to the appointees. William Marbury, one of the "midnight" appointees, sued Madison directly in the Supreme Court. He asked the Court to issue a writ of mandamus—a court order forcing Madison to deliver his commission.

Ruling: Chief Justice John Marshall argued that the section of the Judiciary Act of 1789 that allowed the Court to issue such writs was unconstitutional. He pointed out that the Constitution limits the Court's "original jurisdiction" (cases they hear first), and Congress didn't have the power to expand that list through a simple law. By declaring an act of Congress unconstitutional, Marshall established the Judiciary as an equal branch of government.

Original Jurisdiction

This refers to the authority of a court to hear a case for the first time. When a court has BLANK, it