AP Government: Unit 6 Review

judicial review

The power of courts to declare laws unconstitutional

appeals

federal courts that hear appeals from district courts; no trials

Mapp v. Ohio

1961- Evidence illegally gathered by the police may not be used in a criminal trial; established exclusionary rule

restrictions on first amendment

some restrictions are allowed during wartime or national crises; also, cannot say anything untrue that will cause danger or harm to others (yelling fire in crowded theater); press is allowed to print virtually anything, but can be indicted if printed libel/slander with intent to maliciously harm another (okay if accident)

judicial activism

The view that judges should discern the general principles or underlying laws or the Constitution and apply them to modern circumstances

judicial restraint

the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution

stare decisis

"Let the decision stand" - Allow prior rulings to control the current case

second amendment

Citizens have the right to own guns/ right to bear arms

14th Amendment

All people born in the United States are citizens; no state shall make laws that abridge the privileges of American citizens; states cannot make laws that take away a person's life, liberty and pursuit of happiness without due process of law

Roe v. Wade

1973- State laws against abortion are unconstitutional

writ of certiorari

an order by a higher court directing a lower court to send up a case for review

Civil Rights Act of 1964

Outlawed discrimination based on race, sex, religion, color or national origin in the workplace or in education

legislative veto

The authority of Congress to block a presidential action after it has taken place. Supreme Court has ruled that Congress does not have this power

checks and balances among branches

Legislative Branch: Able to override a veto; confirms appointment of executive branch officials; able to impeach other branch officials

Executive Branch: Veto Congressional bills; nominates Supreme Court justices

Judicial Branch: Able to declare a law unconstitutional

Korematsu v. United States

1944- Sending Japanese Americans to relocation centers during WW II was based on an acceptable military justification

Rule of 4

At least 4 justices on the Supreme Court must vote in favor of hearing a case

Voting Rights Act of 1965

Prohibited racial discrimination in voting; supposed to enforce the 14th and 15th Amendments

15th Amendment

Guaranteed African American males the right to vote; voting privileges cannot be based on race

literacy tests

a requirement that citizens show that they can read before registering to vote

1st amendment

Congress can make no law restricting the freedom of the press, freedom of assembly, freedom of speech, freedom of religion, and the right to petition

4th amendment

prohibits unreasonable searches and arrests; must have warrant signed by judge before conducting a search

5th amendment

Due process of law: guarantees trial by jury, no double jeopardy, do not have to provide witness against oneself, cannot be deprived of life, liberty and pursuit of happiness without due process of law

8th amendment

No excessive bail/cruel or unusual punishment on criminals

10th amendment

Defined federalism, Powers not delegated to the federal government are given to the states

Grandfather clause

a clause in registration laws allowing people who do not meet registration requirements to vote if they or their ancestors had voted before

Baker v. Carr

Federal courts have the power to determine constitutionality of decisions of state's voting districts

poll tax

a requirement that citizens pay a tax in order to register to vote

Jim Crow laws

institutionalized racism based on race; established "separate but equal" facilities

white primary

The practice of keeping blacks from voting in the southern states' primaries through arbitrary use of registration requirements and intimidation

Gideon v. Wainwright

1964- Persons charged with a crime have a right to an attorney even if they cannot afford one

forms of participation during the Civil Rights movement

Martin Luther King, Jr. practiced civil disobedience- peaceful protest against laws by not following them; parades, marches, speeches, sit-ins, protests were all used during the movement

Free-exercise clause

Second part to religion part of First Amendment- Congress cannot prohibit the free exercise of religion/ practice whatever religion you want

incorporation

Part of the Bill of Rights applied to state laws through the due process clause of the 14th amendment

Marbury v. Madison

1803- Upheld judicial review of congressional acts

Amicus curiae brief

a brief submitted by a "friend of the court"

plea bargain

any agreement or deal between defendant and prosecutor that would cause the defendant to plead guilty to an offence

McCulloch v. Maryland

1819- said that creating a federal bank, though not mentioned in the Constitution, was a "necessary and proper" exercise of the government's right to borrow money

Sweatt v. Painter

1949- Universities and education cannot reject a prospective student on the basis of race

senatorial advice and consent

Senate has to be consented when drawing up a treaty, and also has to approve Presidential nominations to public office

Emancipation Proclamation

1863- President Lincoln's speech that freed all slaves in the United States

original jurisdiction

trial courts have the power to hear a case for the first time

presidential appointments

Positions in executive branch and Supreme Court Justice must be appointed by the President and approved by the Senate

district courts

94 in the U.S., at least one in every state, D.C. and Puerto Rico; the lowest level of federal courts; federal trials can be held only here

Miranda warning

1. Right to remain silent

2. Anything you say can be used against you in court

3. Right to an attorney

4. If you cannot afford an attorney, one will be provided for you

5. Right to stop answering questions until attorney is present

Why do federal judges/SC judges have lifetime tenure?

The Founding Fathers wanted Supreme Court judges to be immune from political pressures to provide an unbiased interpretation of the law

eminent domain

The U.S. government has the power to take private property for public use; must award compensation

solicitor general

Person who represents the U.S. government before the Supreme Court in national cases

necessary and proper clause

Congress has the power to make laws even if it does not explicitly have the power to make this law in the Constitution- expanded Congressional power

Miranda v. Arizona

1966- Court describes ruling that police must give to arrested persons

Brown v. Board

1954- said that separate public schools are inherently unequal, thus starting racial desegregation

Equal Pay Act of 1963

Abolished wage disparity on account of sex

direct elections

election in which voters cast their votes directly for the person/people they want in office

Dred Scott decision

Congress had no authority to ban slavery in a territory; a slave was considered a piece of property

Bill of Rights

List of Amendments to guarantee rights that people and the states have that are not explicitly mentioned in the Constitution, protection from the government

separate but equal

facilities started by the Jim Crow laws that allowed different facilities for whites and blacks as long as they were "equal"- struck down by Brown v. Board of Education

executive orders

law issued by the President that has the force of law

Warren Court

When Earl Warren served as Chief of Justice, expanded power of Supreme Court, high point of Supreme Court history, major force for change in civil rights movement

Supreme Court and the death penalty

Supreme Court has ruled that death penalty does not fall under cruel and unusual punishment; courts may prescribe the death penalty

United States v. Nixon

President cannot hold certain information (using his executive privilege) when under judicial review

Griswold v. Connecticut

1965- Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives

New York Times v. Sullivan

Free speech- public figures must prove that the author had malicious intent to publishing libel content

due process

guarantees fair treatment during judicial cases; fairness and justice in trial

Supreme Court appointments

Supreme Court justices must be appointed by President and approved by Senate

Freedom of speech (interpretation)

Freedom of speech is very broad, you have the right to say whatever you want as long as it is not explicitly harmful or dangerous to the government or to public life; thus, hate speech is technically legal

exclusionary rule

Improperly gathered evidence may not be introduced in a criminal trial

Freedom of Information Act

Allows disclosure and publication of U.S.-controlled documents and information

Education Amendment Act of 1972

Title IX; prohibits discrimination on the basis of sex for any federally funded educational program or activity

Establishment clause

Congress can make no law establishing religion; no establishment of religion in U.S.

appellate jurisdiction

Power of a court to review decisions and change decisions made by a lower court

Equal Rights amendment

Was a proposed (never passed) amendment to the Constitution ensuring equal rights for women

Plessy v. Ferguson

1896- Upheld separate-but-equal facilities for white and black people on railroad cars

Gitlow v. New York

Individual state governments are not allowed to deny individuals their right to freedom of speech (but Gitlow was in fact guilty because he was advocating socialism and overthrow of U.S. government which is illegal)

Civil Rights Act of 1866

First U.S. federal law to define citizenship and affirmed that all citizens were equal under the law

Wall of separation

Interpretation of the First Amendment that there is a wall of separation between religion and government- "separation of church and state"

Supreme Court and the Civil Rights Movement

Supreme Court has greatly aided the Civil Rights Movement by affirming the rights of people of color the right to equal treatment and privilege that white people enjoy

Who sets the number of judges?

Congress has full power to decide the number of judges

Argument for outlawing segregation

Segregation is illegal because the ideal of segregation is inherently unequal- separate but equal is not equal and is inherently racist because it separates on the basis of race, presuming that one race is superior to another

clear and present danger

Circumstances that allow limitations on speech, press and assembly such as yelling fire in a crowded theater or publishing newspaper advocating the overthrow of government