AP Gov Unit 5 test

Amicus curiae brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

Appointment of justices

nominated by the president and confirmed by the senate

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Dual court system

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

dissenting opinion

a signed opinion in which one or more justices disagree with the majority view

Federalist 78

written by Alexander Hamilton; talks about the federal judiciary; the judiciary must depend on the other two branches to uphold its decisions. They get life tenures to maintain independence from influence

Judicial Activism

The philosophy that Supreme Court justices should use their power of judicial review to actively interpret the Constitution in the context of modern societal needs, often overturning existing laws or precedents to advance policy goals

Judicial Restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act.

Loose Constructionism

Courts should read the Constitution expansively and should not limit themselves to what is explicitly stated

Majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

Miranda Rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

Oral arguments

The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client's favor.

original jurisdiction

the power of a court to hear a case first, before any other court

Petitioner

a formal, written request to a government official or body (like a court or legislature) seeking a specific action, policy change, or redress of grievances

respondent

the party against whom a petition is filed, particularly in appellate court cases or Supreme Court appeals. The respondent answers the petitioner's claims.

Rule of Four

an unwritten internal Supreme Court custom requiring at least four of the nine justices to vote to grant a writ of certiorari (accept a case for review)

Serving on "good behavior"

Judges get life tenures as long as they are acting good without corruption. It's supposed to make sure they can't be influenced by election.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Strict construction

A judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute.

writ of certiorari

A formal writ used to bring a case before the Supreme Court.

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

Right to a fair, speedy trial

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Civil Liberties

freedoms to think and act without government interference or fear of unfair legal treatment (protection FROM government)

Civil rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. (gov protects people from people)

Civil Rights Act of 1964

1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

Procedual due process

requires the government to follow established, fair legal procedures—such as notice of charges, a fair hearing, and the right to counsel—before depriving individuals of life, liberty, or property. It ensures that law enforcement and courts operate within constitutional limits, focusing on how laws are applied

Substantive Due Process

is a legal doctrine based on the 14th Amendment's Due Process Clause, allowing the Supreme Court to protect fundamental, unenumerated rights—such as privacy, marriage, and child-rearing—from government interference. Unlike procedural due process, it challenges the constitutionality of the law's substance itself

Exclusionary Rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Griswold v. Connecticut (1965)

Estelle Griswold was arrested for providing contraceptives to married couples in Connecticut, violating a state statute. The Court ruled that various guarantees within the Bill of Rights create "penumbras" (or shadows/zones) that establish a right to privacy. argued that the right to privacy exists within the penumbra of the First, Third, Fourth, and Ninth Amendments.

Korematsu v. United States (1944)

Internment of Japanese-Americans during WWII does not violate 14th Amendment Equal Protection Clause (gets strict scrutiny but national security is a good enough reason to justify the racial discrimination).

Lawrence v. Texas

A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.

Letter from a Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism.

Obergefell v. Hodges (2015)

The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal. "separate but equal"

poll tax

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

Prior restraint

First Amendment doctrine prohibiting the government from censoring or stopping speech/publication before it occurs, acting as a form of pre-publication censorship.

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy. Got overturned

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance

Voting Rights Act of 1965

1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised black voters

13th Amendment

abolished slavery

14th Amendment: Due Process Clause

No state shall deprive any person of life, liberty, or property without due process of law

14th Amendment Equal Protection Clause

provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws".

15th Amendment

States cannot deny any person the right to vote because of race.

19th Amendment

Gave women the right to vote

24th Amendment

Abolishes poll taxes

Baker v. Carr

Tennessee had not redrawn its legislative districts since 1901, despite massive population shifts from rural to urban areas. This meant rural votes held significantly more power than urban votes.

The Lawsuit: Charles Baker, an urban resident, sued Tennessee Secretary of State Joe Carr, arguing that the unequal representation violated his 14th Amendment right to equal protection. The SC ruled in favor and established the principle of "one person, one vote" and opened the door for federal judicial intervention in redistricting

Brown v. Board of Education

ruled racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine from Plessy v. Ferguson. It held that segregated schools violate the 14th Amendment's Equal Protection Clause, as they are inherently unequal

Citizens United v. Federal Election Commission

The conservative non-profit Citizens United released a documentary (Hillary: The Movie) critical of Hillary Clinton, which violated the BCRA's ban on "electioneering communications" (corporate-funded ads) within 30 days of a primary.

Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures using the first amendment right to political speech

Engel v. Vitale

First Amendment Establishment Clause

NY Board of Regents required public schools to say a voluntary and nondenominational prayer

state government funds public schools

Holding any prayer in public school violates the Establishment Clause

School sponsorship of religious activity = violation of First Amendment Establishment Clause

Gideon v. Wainwright

Does the Sixth Amendment right to an attorney apply to state felony cases?

14th Amendment Due Process

Yes ⇒ Sixth Amendment right to counsel applies to state felony defendants

Selective incorporation: Sixth Amendment right to counsel to all state-level felonies under the Fourteenth Amendment's Due Process Clause (procedural)

Marbury v. Madison

Does SCOTUS have the authority to order the commission's delivery?

Can a federal judge bring this case to court?

Article III original jurisdiction of SCOTUS

Commission should have been delivered BUT SCOTUS does not have the authority to decide this case

Clause that allowed Marbury to bring case to SCOTUS was unconstitutional( didn't have og juridstiction) ⇒ struck down this part of the Judiciary Act of 1789 ⇒ first time an act of Congress was declared unconstitutional

Establishes judicial review and strengthens federal government/SCOTUS

McCulloch v. Maryland

Did Congress have the implied power to create a national bank?

Can states tax the national bank?

Article VI Supremacy Clause

Article I Necessary and Proper Clause

Necessary and proper clause ⇒ Congress is not limited to enumerated powers (upholds concept of implied powers)

Congress has ability to create a bank

Supremacy clause ⇒ states can't tax federal government

Implied powers established and expanded federal gov't

McDonald v. Chicago

Do state handgun bans violate the Second Amendment?

14th Amendment Due Process

Yes ⇒ SCOTUS ruled ban was unconstitutional

Right to self-defense of one's home but is not absolute

Selective incorporation of Second Amendment to states under the Fourteenth Amendment's due process clause (substantive)

New York Times v. United States

Was Nixon's prior restraint constitutional?

Is preventing the publication of "classified material" a violation of the First Amendment freedom of press?

Sided with the NY Times ⇒ "heavy presumption against prior restraint" even in national security cases

Expands freedom of the press/restricts executive authority

Schenck v. United States

First Amendment Freedom of Speech

Did the Espionage Act violate the First Amendment or was it an appropriate use of wartime authority?

Espionage Act did NOT violate First Amendment (appropriate use of wartime authority)

First Amendment does not allow advocacy of unlawful behavior

Freedom of speech is NOT absolute and cannot promote unlawful or dangerous activity

"Cannot yell fire in a crowded movie theater" idea ⇒ freedom of speech has limits

Clear and present danger test

Shaw v. Reno

Was the district racially gerrymandered and does this district violate the Equal Protection Clause?

14th Amendment Equal Protection

Shape of district was shaped oddly enough that there was a clear effort to racially separate voters

Race cannot be the predominant factor in drawing districts

Majority-minority districts can be constitutionally challenged if race was the only factor in their creation and would face strict scrutiny test

Tinker v. Des Moines

Does punishing them for this symbolic protest violate their freedom of expression?

First Amendment Free Speech

The speech must substantially interfere with school operations in order to justify the suppression of speech

Right to free speech includes symbolic speech and is more powerful than the potential disorder it could cause

United States v. Lopez

Does the Gun-Free School Zones Act exceed the power of the commerce clause?

Article I Interstate Commerce Clause

Law is unconstitutional because it does not substantially affect interstate commerce, creates a limit on commerce clause authority

Infringes on 10th Amendment's reserved powers

Introduced a new phase of federalism that gave states more control (following a trend of continual increase in federal government power

Wisconsin v. Yoder

Does requiring parents to send their kids to school without a faith exception violate the free exercise clause of the First Amendment?

First Amendment Free Exercise

Requirement to send children to school after eighth grade without a religious exemption is unconstitutional

Free exercise clause is more powerful than government interest in sending kids to school after 8th grade