AP GOV Unit 7 The Supreme Court

Litigation

process of taking legal action; bringing/filing a lawsuit against a person/institution

Jurisdiction

official power to make legal decisions and judgement

Amicus Curie Briefs

letters written to the court in support of one side of the case

Civil Liability

cities (tax payers) must pay for the conduct of its employees

Petitioner

party that lost at the lower level; role = state why lower courts are wrong

Respondent

party that won at the lower level; role = state why the lower court is right

Madbury v. Madison

established judicial independence and judicial review

Judicial Review

power of the supreme court to strike down a law/executive action if its unconstitutional; declare a law unconstitutional

Circuit Split

disagreement between 2+ U.S. Courts of Appeals (federal circuits, republican and democrats) because they have reached conflicting rulings on the same legal issue

Original Intent

courts should follow the constitution as the framers intended

Living Document

constitution must grow and adapt

Strict Construction

courts should not reinterpret the constitution

Loose Construction

courts should read constitution expansively and not limit themselves to what’s stated

Judicial Restraint

courts must interpret the law and not legislate new policies

Judicial Activism

courts should overturn bad laws and create new ones

Prior Restraint

most serious form of censorship; gov. preventing speed/publication before it occurs on the grounds that it will threaten/endanger national security

Tinker v. Des Moines

first amendment and symbolic speech; students have first amendment rights at school as long as it is not disruptive of the learning environment

Clear and Present Danger

[legal standard] that speech posing an immediate/serious threat to national security is not protected by the first amendment

Schenck v. United States

first amendment and political speech; gov. can restrict speech that represents “clear and present danger”

New York Times Company (NYT) v. United States

first amendment and freedom of the press; gov. must demonstrate sufficient interest to justify prior restraint

Wisconsin v. Yoder

first amendment and free exercise clause; individuals expressing deeply held religion outweigh state laws (requiring proven way of life)

Engel v. Vitale

first amendment and establishment clause; school sponsored prayer violates establishment clause, gov. neutrality in religion

Free Exercise Clause

prohibits gov. from interfering with an individuals practice of religion

Establishment Clause

prohibits gov. from establishing a shared state church, and favoring one religion over another/favoring religion over no religion

Concurring Opinion

opinion that agrees with majority decision with different reasoning than the precedent

Plessy v. Ferguson

guarantees political equality, but not social

Brown v. Board of Education (I)

racial segregations in school is unequal and unconstitutional; desegregated educational facilities

Brown v. Board of Education (II)

how and when should schools desegregate? assigned as a lower federal court issue; most african american students remained in segregated schools

Equal Protection Clause

clause in the 14th amendment; civilly protects americans from discrimination based on race, national origin, religion, gender, etc.

De Jure Segregation

separation of individuals based on their characteristics (race) by law

De Facto Segregation

separation of individuals based on their characteristics, not by law (residential housing projects)

Civil Rights Act of 1964

outlaws racial segregation in schools and public spaces; authorizes attorney general to sue school districts if they don’t desegregate

Americans with Disabilities Act

guarantees people with disabilities aren’t discriminated in employment, buying goods and services, and participating in government programs

Affirmative Action

addresses the consequences of previous discrimination by providing special and specific consideration based on characteristics (race)

Title IX of the Higher Education Amendments of 1972

prohibits gender discrimination in schools receiving federal aid (reason of increased girl participation in sport programs)

Civil Disobedience

intentionally refusing to a obey a law to call attention to its injustice

Symbolic Speech

protected expression in the form of images, signs, and symbols

Freedom/Right of Expression

fundamental right affirmed by the first amendment to speak, publish, and protest

Gitlow v. New York

advocated for the violent overthrow of the government with no direct/concrete action; begins “Incorporation Doctrine”

Selective Incorporation

doctrine though the 14th amendment; affirming (almost all) protections in the bill of rights to the states

Felony

crime punished up to a 1+ years in prison

Gideon v. Wainwright

6th amendment; the right/guarantee to legal counsel (attorney/lawyer)

6th Amendment

bill of rights guarantees defendants the right to a speedy trial

8th Amendment

protects against imposing excessive bails and fines, or cruel and unusual punishment

Right to Petition the Government for Redress

lobbying, emailing, writing letters, calling members of congress, testifying in congress, collecting signatures for a ballot measure

2nd Amendment

right to bear arms

McDonald v. Chicago

ruling that handgun prohibition violates the 2nd amendment; 14th makes 2nd applicable to the states

14th Amendment

citizens have equal protection and due process under the law

4th Amendment

no search without a warrant

Exclusionary Rule

any evidence obtained without a warrant isn’t valid in court

Mapp v. Ohio

4th amendment; inappropriate content found during a search without a warrant, all evidence seized without a warrant is unconstitutional and cannot be used

5th Amendment

protects individuals in legal proceedings; no self-incrimination, double jeopardy, and guarantees due process

Due Process

government cannot deprive “life, liberty, or property” without fair legal procedures

Grand Jury

group of people who decide whether or not someone should be indicted on criminal charges and tried in court; “jury duty”

Miranda Rights

the right to remain silent and to have an attorney present during questioning; MUST be given by police to individuals in custody

Libel

untrue statement injuring someone reputation

Slander

untrue spoken expression injuring someones reputation

Double Jeopardy

protects someone from being charged with the same crime in the same jurisdiction

McCulloch v. Maryland (FEDERALISM)

declares that congress has implied powers necessary to implement its enumerated powers and establish its supremacy; federal laws over state laws

United States v. Lopez (FEDERALISM)

congress may not use the commerce clause to make gun possession in a school zone a federal crime; importance of state sovereignty and local control

Buckley v. Valeo

government can limit outside campaign contributions, but cannot limit what a campaign can spend; transparency in campaign finance

Citizens United v. FEC

money is speech, the more speech the better; corporations are people too. political spending by corporations, associations, and labor unions is a form of protected speech (under 1st amendment)

Baker v. Carr

federal courts should hear cases alleging states drawing of electoral boundaries/districts; judicial oversight on redistricting

Redistricting

drawing districts based on population

Shaw v. Reno

race redistricting is held to strict scrutiny (under the 14th amendment); getting rid of race based gerrymandering

Strict Scrutiny

evaluating the constitutionality of government actions

Gerrymandering

drawing a district to benefit one party for power gain

Middle or Intermediate Scrutiny

gender

Strict Scrutiny

race discrimination

Rational Basis Standard

differential treatment must be shown to be reasonable (age, disability)