Richard Randall PSCI 1201 Exam 2 CSU Stanislaus

How are federal judges nominated?

The President

How are federal judges confirmed?

A majority (50% + 1) of the Senate

How long is a federal judge's term?

Serve for life (average 15 years)

Which of the three national institutions is the most trusted despite it being the least democratic?

The Supreme Court

What did the Founding Fathers intend and believe about the Supreme Court?

They intended and believed that the Supreme Court would be the weakest national institution

How was the Federal Court System created and who created it?

The Judiciary Act of 1789; Congress

Jurisdiction

The authority of a court to hear and decide certain cases

Original Jurisdiction

The first court to hear a case; often called "trial courts; interested in "the facts" and render a decision or verdict

Appellate

Often called "review courts"; they are interested in the "application of the law"

Typically, what is the most important criteria for Supreme Court Justices?

Policy Preferences

Who was the woman that accused Justice Clarence Thomas of sexual assault?

Anita Hill

Judicial Restraint

This view stresses Majority Rule; These justices believe that courts SHOULD DEFER to popularly elected institutions of government

Judicial Activism

This view stresses Minority Rights; These justices believe that the courts should be a tool to PROTECT oppressed minorities from majoritarian tyranny

How many cases does the Supreme Court hold hearings and write full opinions about in a year?

Approximately 80 cases

Of the cases accepted for review, how many come from the US Courts of Appeals?

About 2/3 (65%)

Of the cases accepted for review, how many come from state Supreme Courts?

About 1/3 (35%)

Rule of 4

If at least 4 justices want to hear a case, then it is accepted for Supreme Court Review

"Amicus" briefs

In about 80% of all Supreme Court cases, "interested parties", usually interest groups, file a brief on behalf of the parties

How long is each side given to summarize their case before the Supreme Court?

About 30 minutes of oral arguments

What is the most common Supreme Court decision in a typical year?

9-0

Majority

At least 5 justices and as many as 8 justices that agree with the legal reasoning

What happens if the Chief Justice is on the winning side?

The Chief Justice will control the opinion of the court

What happens if the Chief Justice is on the losing side?

The Senior Member will control the opinion of the court

Plurality

The most popular opinion of the winning side; however, only 2 to 4 justices sign the opinion

Concurring Opinion

These justices agree with the decision; however, they would use different legal reasoning

Dissenting Opinion

The opinion of the losing side

Judicial Review

The authority of the Supreme Court to nullify acts of government by declaring them unconstitutional; NOT ENUMERATED in the Constitution

Marbury v. Madison (1808)

The landmark case that created the idea of Judicial Review

What did Marbury sue for?

Marbury sued directly to the Supreme Court for a Writ of Mandamus under Section 13 of The Judiciary Act of 1789

What was Marshall's decision in the case of Marbury v. Madison?

Marshall declared Section 13 UNCONSTITUTIONAL, which establishes the doctrine of judicial review; He ruled that the Constitution is superior to ordinary acts of Congress

In theory, how do Americans view democratic values and civil liberties?

Americans are tolerant and supportive

In practice, how do Americans view democratic values and civil liberties?

Americans support these values for individuals, groups, and ideas that WE support

Why were the Bill of Rights added to the Constitution?

They were added to gain support for the Constitution

What was the original intent of the Bill of Rights?

To prevent abuses by the National Government

Barron v. Baltimore (1833)

Marshall ruled that the provision in the 5th Amendment pertained only to the actions of the National Government and was NOT applicable to the legislation of the states

When were most of the Bill of Rights provisions incorporated?

From 1925-1972

What are the First Amendment Freedoms?

Speech, Press, Assembly, and Religion

Seditious Speech

Speech that encourages rebellion against the government; "paradox in democratic society"-Randall

Alien and Sedition Act of 1798

This Act resulted in the conviction of Jeffersonian editors who were critical of President John Adams

Schenck v. United States (1919)

The Supreme Court upheld the conviction of Schenck for circulating 15,000 leaflets comparing military conscription to slavery and for urging the readers to "assert your rights"; The Supreme Court used the famous "clear and present danger" test for speech in this case

Gitlow v. New York (1925)

Gitlow distributed 16,000 leaflets urging workers to "revolutionary mass action" and to "achieve a dictatorship of the proletariat (working-class people)"; the Supreme Court "upheld" the conviction of Gitlow using the "bad tendency test"; the Supreme Court "incorporated" freedom of speech ruling that New York is not completely free to abridge speech rights

Brandenburg v. Ohio (1969)

The Supreme Court ruled that a KKK leader can advocate "revengence" on public officials

Tinker v. Des Moines (1969)

The Supreme Court expanded the definition of speech to freedom of expression; The court ruled that a black arm band is constitutionally protected symbolic speech

Texas v. Johnson (1989)

The Supreme Court in a 5-4 decision ruled that flag burning is constitutionally protected symbolic speech

Roth v. United States (1957)

The Supreme Court for the FIRST time ruled that "obscenity is NOT constitutionally protected speech"; to be obscene material must be utterly without redeeming social value

Miller v. California (1973)

The Supreme Court ruled that "community standards" can define obscenity

Ashcroft v. Free Speech Coalition (2002)

The Supreme Court ruled that virtual child pornography IS protected by the first amendment

Barnes v. Glenn Theatre (1991)

The Supreme Court in a 5-4 decision ruled that Indiana CAN ban nude dancing

What is prior restraint synonymous with?

censorship

Near v. Minnesota (1931)

The Supreme Court "incorporated" freedom of the press and allowed the publication of a racist newspaper

NY Times v. United States (1971)

The Supreme Court, in a highly divided 6-3 decision, allows the publication of a "top secret," "classified" government document called the "Pentagon Papers"

All 9 justices wrote opinions for this case (6 concurring; 3 dissenting)

Hazelwood v. Kuhlmeier (1988)

The Supreme Court ruled that the "children's press" has FEWER rights than the adult press; the court allowed a high school newspaper to be censored

NY Times v. Sullivan (1964)

This case established a very tough standard for libel

Falwell v. Hustler Magazine Inc. (1988)

By a 9-0 margin a Hustler Magazine Parody of the Reverend Falwell is NOT libel

Everson v. Board of Education (1947)

The Supreme Court "incorporated" the establishment clause and upheld a New Jersey transportation reimbursement program for public and private school students claiming the primary purpose was secular (non-religious)

Engel v. Vitale (1962)

By a 6-1 margin, the Supreme Court declared a New York non-denominational public school prayer an unconstitutional establishment of religion

Lemon Test

1. Law must have a "secular purpose"

2. Law must NOT advance or inhibit religion

3. Law must not entangle government "excessively" with religion

What is the common standard that the Supreme Court uses in establishment cases? [Lemon v. Kurtzman (1971)]

The Lemon Test

Cantwell v. Connecticut (1940)

The Supreme Court "incorporated" the Free Exercise Clause by declaring a Connecticut law requiring a permit to solicit religious materials is unconstitutional

Due Process

When the government prosecutes an individual, it must give him/her a set of procedures (process) that is fair and civil (due)

What court do we associate due process with?

The Warren Court

Mapp v. Ohio (1961)

The Supreme Court "incorporated" the 4th Amendment by expanding the Exclusionary Rule; this states that prosecutors CANNOT introduce evidence that has been illegally obtained

United States v. Leon (1984)

The Supreme Court established "Good Faith" exceptions to the Exclusionary Rule

Flordia v. J.L. (2000)

By a 9-0 margin, the Supreme Court ruled that the police MAY NOT stop and frisk a suspect based ONLY on an anonymous tip

Miranda v. Arizona (1966)

The Warren Court established "Miranda Rule" or "Miranda Card" in this case.

[You have the right to remain silent....]

Giddeon v. Wainwright (1963)

Right to counsel was "incorporated" in this case.

What is a case study of American Federalism (found in the 8th Amendment)?

The Death Penalty

How many states have the death penalty and how many do not?

31; 19

Where do the majority of executions occur in the United States? Which state has the most?

The South; Texas

McClesky v. Kemp (1987)

By a 5-4 margin, the death penalty was upheld in Georgia. The court stated, "Despite statistical oddities, we find no evidence of racial bias against particular defendent."

Virginia v. Atkins (2002)

The Supreme Court ruled that Virginia cannot execute a "mentally retarded" murderer.

Roper v. Simmons (2005)

The Supreme Court ruled that Missouri CANNOT execute a 17-year-old murderer.

Kennedy v Louisiana (2008)

The Supreme Court ruled that Louisiana CANNOT execute a child rapist.

Baze v. Rees (2008)

The lethal injection process used by Kentucky is LEGAL and CONSTITUTIONAL

Negative freedoms or "Civil Liberties"

The emphasis is on freedom FROM government power or regulation. The focus is on individual liberty.

Positive freedoms or "Civil Rights"

The emphasis is on freedom to __________. The focus is on group rights.

Legacy of Slavery

Many early Africans came as indentured servants from 1619-1660s, followed by two centuries of enslavement for life.

Who needed to ratify the Constitution? Slave states or free states?

Slave states

13th Amendment

prohibits slavery

14th Amendment

The Civil Liberties provision is the "Due Process" clause; The Amendment also granted former slaves citizenship, which overturned the Dred Scott case.

15th Amendment

Black men are granted the right to vote

De Facto

This is segregation that results from non-legal factors such as economic inequalities, attitudes, or settlement patterns of people.

What was the purpose of Jim Crow laws?

The purpose of Jim Crow laws was that they established wholesale segregation in the South

Civil Rights Cases of 1883

The Supreme Court, by an 8-1 margin, ruled that "private discrimination" is legal or Constitutional.

Plessy v. Ferguson (1896)

By an 8-1 margin, the Supreme Court UPHELD the "separate but equal" doctrine on Louisiana rail cars.

Brown v. Board of Education (1954)

In 1954, 17 states and the District of Columbia had legally segregated schools. The Supreme Court, by a 9-0 margin, ruled that public schools must be desegregated "with all deliberate speed".

By 1964, what percentage of black students attended all-black schools in the deep south? By 1970, what percentage of black students attended all-black schools in the deep south?

98%; 14%

What did President Truman do by Executive Order in 1948?

He integrated the military.

Montgomery Bus Boycott (1955)

Rosa Parks refuses to give up her seat and is fined. This prompts a boycott of the bus lines led by Dr. Martin Luther King Jr.

Washington March for Jobs and Freedom (August 1963)

Dr. Martin Luther King gives his greatest address "I Have A Dream...."

Heart of Atlanta v. US

and

Katzenbach v. McClung

In these landmark cases, the court UPHELD the Civil Rights Act of 1964 and OVERTURNED the Civil Rights Cases of 1883.

What was the result of the Voting Rights Act?

The result was dramatic; the number of black voters in the south increased significantly. (Example: black voter registration increased by 900% in Missouri from 1965 to 1970)

UC Regents v. Bakke (1978)

The Supreme Court ruled that racial quotas are illegal; UC Davis can use race as "a factor" in administration

University of Michigan Cases (2003)

In Gratz v. Bollinger and Grutter v. Bollinger, the Supreme Court UPHELD the Bakke precedent.

According to a national survey, which gender do women typically prefer as their boss?

Male

What did one of the more egalitarian founding fathers believe about the combination of women and politics?

women + politics = confusion

Bradwell v. Illinois (1873)

The Supreme Court upheld an Illinois law prohibiting women from practicing law.

Reed v. Reed (1971)

The Supreme Court struck down a law discriminating against women for the FIRST time.

How did many early feminists gain political experience?

They gained political experience by fighting slavery.

Equal Pay Act (1963)

In 2017, (white) women earn about 79 cents to $1.00 earned by (white) men.