AP GOV Unit 3

Federalist #78

Argues that the judicial branch should be the weakest branch but has the power of judicial review to interpret laws. Argues for life terms to prevent making decisions for reelection.

Certiorari

A writ issued by a higher court (usually the Supreme Court) to review a lower court’s decision to resolve conflicts. Only accepted for “compelling” cases.

Stare decisis

The principle of following precedent when deciding cases to ensure consistency in the law.

Precedent

A previous court decision that serves as a rule for deciding future cases with similar facts.

Judicial activism

Involves courts actively interpreting the Constitution to promote change in policy by creating new principles, overturning past, and changing present to address social issues and protect rights

Judicial restraint

Courts adhere to stare decisis and avoid policy making, allowing legislative branches to make legal change. Judiciary as an interpreter, not creator of new law

In forma pauperis

Allows a poor person to have court fees waived when filing a case.

Opinions of the Court

The official explanation of the Supreme Court’s decision, including majority, concurring, and dissenting opinions.

Amicus curiae briefs

“Friend of the court” briefs filed by individuals or interest groups with an expertise on a case to advise the courts on relevant law and information.

Senatorial courtesy

A custom where senators approve or reject federal judicial nominees from their own state depending on the president’s opinions.

Selective incorporation

Supreme Court applies selected provisions of the Bill of Rights to state governments on a case-by-case basis. Uses 14th Due Process Clause to restrict states from violating fundamental liberties.

Due process (5th and 14th)

The guarantee that the government will not deprive individuals of life, liberty, or property without fair legal procedures.

5th (Federal) - Restricts the federal government from depriving individuals of their fundamental rights without “due process”

14th (States) - States can’t violate individuals’ rights and must provide “equal protection of the laws”

Prior restraint

Prohibits government censorship of speech before it is published or expressed. (1st)

Symbolic speech

Nonverbal expression (like protests or flag burning) protected under the First Amendment.

Wall of separation

The idea that government and religion should remain separate, based on the First Amendment.

Search and seizure (4th Amendment)

Protects against unreasonable searches and seizures and requires warrants based on probable cause.

Exclusionary rule

Illegally obtained evidence cannot be used in court based on procedural due process (5th and 14th); exceptions include inevitable discovery and good faith reliance on a faulty warrant.

Self incrimination (5th)

The right not to testify against oneself, reinforced by Miranda v. Arizona, requiring police to inform suspects of their rights.

Death penalty

Capital punishment for serious crimes, subject to ongoing constitutional debate under the Eighth Amendment. Unconstitutional to give death penalty to minors and the mentally disabled.

Right to privacy

A non-enumerated, implied right, protecting individuals from unwarranted government intrusion, protecting beliefs, bodily autonomy, and private decisons (penumbra + 14th due process)

Reconstruction Amendments (13-15th Amendments)

Amendments that abolished slavery (13th), granted citizenship and equal protection (14th), and protected voting rights regardless of race (15th).

Circumventing the 15th Amendment

Methods like literacy tests, poll taxes, and grandfather clauses used to deny Black citizens the right to vote.

Plessy v. Ferguson

1896 Supreme Court case that upheld racial segregation under “separate but equal.”

19th Amendment

Granted women the right to vote in 1920.

ERA (Equal Rights Amendment – never ratified)

A proposed amendment to guarantee equal rights regardless of sex that failed to be ratified.

Title IX (Title 9)

A federal law prohibiting sex-based discrimination in education programs receiving federal funding. (athletics, academics, etc.)

Lawrence v. Texas

2003 Supreme Court case that struck down laws criminalizing same-sex conduct. Due process of the 14th protects liberty and privacy

Obergefell v. Hodges

2015 Supreme Court case ruling that the fundamental right to marry guarentees same-sex marriage (due process + equal protection clause 14th)

Affirmative Action

Proactive policies that consider race or ethnicity to promote equal opportunity in education and employment for underrepresented groups. (quotas, etc.)

Bakke case

1978 Supreme Court case that ruled racial quotas are unconstitutional but race can be one factor in admissions.

Procedural Due Process (5th and 14th)

(How) Requires government officials to follow fair procedures, gives opportunity for hearing

Substantive Due Process (5th and 14th)

(what) Protects fundamental rights from government interference regardless of procedures followed

Majority opinion

5-9 judges vote for the majority

Dissenting opinion

1-4 judges dissent from the majority opinion, leaving them as the minority with less power. Courts look to this opinion for overturning future cases

Concurring opinion

“With the winner,” votes for majority, but for different reasons

Lemon test

Determines if a law violates the Establishment Clause (1st)

Litmus test

An examination to determine a judicial nominees’ ideology

Establishment clause (1st)

Prevents the government from establishing a national church or favoring a religion. Creates a “wall of seperation”

Free exercise clause (1st)

Protects individual rights to free religious practice without government interference.