Gov Test 2

A set of flashcards covering key concepts of the Judicial Branch and Civil Liberties as outlined in lecture notes.

Explain the principle of judicial review and how it checks the power of other institutions and state governments

Courts, especially the Supreme Court, can declare laws or executive actions unconstitutional, ensuring Congress, the President, and state governments do not exceed their constitutional authority.

What foundation establishes the powers of the judicial branch and its independence

Article III of the Constitution sets forth the powers of the judicial branch and its independence from other branches and state governments.

What is the main point of Federalist No. 78

The judicial branch must be independent and life tenure ensures judges can uphold the Constitution without political pressure.

Constitutional courts

Established under Article III and include life-tenured judges.

Legislative courts

Created by Congress for specialized purposes and may have limited terms.

Jurisdiction

Authority of a court to hear a case.

Original jurisdiction

Court’s authority to hear a case first.

Appellate jurisdiction

Authority to review decisions of lower courts.

Dual sovereignty

Federal and state governments can both prosecute the same conduct under their own laws.

Exclusive jurisdiction

Only one court can hear a case.

Concurrent jurisdiction

Multiple courts can hear the same type of case.

Role of litmus tests in judicial nominations

Assess a nominee’s stance on key issues to predict future rulings.

Role of judicial philosophy in nominations

Guides how a nominee interprets the Constitution, affecting how they may rule on cases.

Influence of gender, race, scandals, filibuster, and politics on nominations

Shape Senate confirmation decisions and public perception of nominees.

Precedent

Legal decision that guides future cases with similar issues.

Stare decisis

Following established precedent to ensure legal consistency.

Role of US Attorneys

Prosecute federal crimes and represent the federal government in civil cases.

Role of Attorney General

Chief legal officer of the federal government, overseeing the Department of Justice.

Role of Solicitor General

Represents the federal government before the Supreme Court and decides which cases to appeal.

How ideological changes in the Supreme Court composition affect precedents

Shifts in ideology from presidential appointments can lead the Court to establish new precedents or overturn existing ones.

How the President and Congress can change unpopular Supreme Court decisions

The President can influence future appointments, Congress can pass legislation altering Court jurisdiction, and Constitutional amendments can override rulings.

Judicial Activism

Judges interpret the Constitution broadly to address social issues or create new policy, e.g., Brown v. Board of Education.

Judicial Restraint

Judges defer to elected branches and uphold existing laws unless clearly unconstitutional, e.g., upholding a law despite personal disagreement.

How other branches can limit the Supreme Court’s power

Congress can alter jurisdiction and funding, the President can enforce or ignore decisions, and Constitutional amendments can override rulings.

Functions of amicus curiae briefs

Provide additional information, expertise, or arguments to influence the court’s decision.

Majority Opinion

Official ruling and reasoning agreed upon by more than half the judges.

Dissenting Opinion

Written by judges who disagree with the majority, explaining their reasoning.

Concurring Opinion

Agrees with the majority outcome but offers different reasoning.

Writ of Certiorari

Order by the Supreme Court to review a lower court’s decision.

Standing

Legal right of a party to bring a case to court based on a direct, personal stake.

Rule of Four

Four Supreme Court justices must agree to grant a writ of certiorari.

Marbury v. Madison (Facts)

William Marbury sued for his judicial commission that had not been delivered.

Marbury v. Madison (Plaintiff Arguments)

Marbury argued he had a legal right to his commission and the court should enforce it.

Marbury v. Madison (Defendant Arguments)

Madison argued the Supreme Court did not have jurisdiction to enforce delivery.

Marbury v. Madison (Holding)

Established judicial review and declared part of the law unconstitutional.

Marbury v. Madison (Impact)

Established the Supreme Court’s authority to declare acts of Congress unconstitutional.

Engel v. Vitale (Facts)

A New York school required students to recite a nondenominational prayer.

Engel v. Vitale (Holding)

Mandatory school prayer violates the Establishment Clause of the First Amendment.

Engel v. Vitale (Impact)

Reinforced separation of church and state in public schools.

Wisconsin v. Yoder (Facts)

Amish parents refused to send children to public school beyond eighth grade.

Wisconsin v. Yoder (Holding)

Compelling Amish children to attend school past eighth grade violated their Free Exercise rights.

Wisconsin v. Yoder (Impact)

Affirmed protection of religious freedom over state educational requirements.

Tinker v. Des Moines (Facts)

Students wore black armbands to protest the Vietnam War and were suspended.

Tinker v. Des Moines (Holding)

Students have the right to symbolic speech at school unless it disrupts educational activities.

Tinker v. Des Moines (Impact)

Expanded First Amendment protections for students in public schools.

Schenck v. United States (Facts)

Schenck distributed anti-draft pamphlets during WWI.

Schenck v. United States (Holding)

Speech creating a “clear and present danger” is not protected by the First Amendment.

Schenck v. United States (Impact)

Established limits on free speech during times of national emergency.

New York Times Co. v. United States (Facts)

The government attempted to prevent publication of the Pentagon Papers.

New York Times Co. v. United States (Holding)

Prior restraint is unconstitutional except under extreme circumstances.

New York Times Co. v. United States (Impact)

Strengthened freedom of the press against government censorship.

Mapp v. Ohio (Facts)

Police entered Mapp’s home without a warrant and found obscene materials.

Mapp v. Ohio (Holding)

Evidence obtained illegally cannot be used in state courts (exclusionary rule).

Mapp v. Ohio (Impact)

Applied the exclusionary rule to states, limiting unlawful searches.

Gideon v. Wainwright (Facts)

Gideon was denied a court-appointed attorney for a felony trial.

Gideon v. Wainwright (Holding)

Defendants have the right to counsel in state felony trials under the Sixth Amendment.

Gideon v. Wainwright (Impact)

Expanded the right to legal counsel for all criminal defendants.

Furman v. Georgia (Facts)

Furman was sentenced to death for accidental murder during a burglary.

Furman v. Georgia (Holding)

Death penalty, as applied, was arbitrary and unconstitutional.

Furman v. Georgia (Impact)

Temporarily halted the death penalty in the U.S., leading to revisions in capital punishment laws.

Gitlow v. New York (Facts)

Gitlow distributed a manifesto advocating socialism and was convicted under state law.

Gitlow v. New York (Holding)

States must respect free speech rights under the Fourteenth Amendment (selective incorporation).

Gitlow v. New York (Impact)

Applied First Amendment protections to state governments.

McDonald v. Chicago (Facts)

McDonald challenged a Chicago law banning handguns.

McDonald v. Chicago (Holding)

Second Amendment right to bear arms applies to states via the Fourteenth Amendment.

McDonald v. Chicago (Impact)

Incorporated Second Amendment protections at the state level.

Miranda Rule

Individuals must be informed of their rights before police interrogation to protect the Fifth Amendment right against self-incrimination.

Roe v. Wade (Facts)

Roe challenged Texas laws criminalizing most abortions.

Roe v. Wade (Holding)

Women have a constitutional right to privacy that includes the right to choose an abortion.

Roe v. Wade (Impact)

Established a nationwide standard protecting abortion rights.

Brown v. Board of Education (Facts)

African-American children were denied access to segregated public schools.

Brown v. Board of Education (Holding)

Segregation in public schools is unconstitutional under the Equal Protection Clause.

Brown v. Board of Education (Impact)

Overturned Plessy v. Ferguson and ended legal school segregation.

Civil Rights Act of 1964

Prohibited discrimination based on race, color, religion, sex, or national origin in public accommodations, employment, and education.

Title IX of the Education Amendments (1972)

Prohibited sex-based discrimination in federally funded education programs and activities.

Voting Rights Act of 1965

Prohibited racial discrimination in voting, including literacy tests and poll taxes, and enforced minority voting rights.

Bakke v. California (Facts)

Bakke challenged a medical school’s affirmative action admissions policy.

Bakke v. California (Holding)

Racial quotas are unconstitutional, but race can be considered as one factor in admissions.

Bakke v. California (Impact)

Limited but upheld the use of affirmative action in higher education.

First Amendment

Protects freedoms of speech, religion, press, assembly, and petition.

Second Amendment

Protects the right to keep and bear arms.

Fourth Amendment

Protects against unreasonable searches and seizures.

Fifth Amendment

Protects against self-incrimination, double jeopardy, and guarantees due process.

Sixth Amendment

Guarantees the right to a speedy and public trial, impartial jury, and counsel.

Eighth Amendment

Prohibits cruel and unusual punishment and excessive bail or fines.

Ninth Amendment

Rights not listed in the Constitution are retained by the people.

Tenth Amendment

Powers not delegated to the federal government are reserved to the states or the people.

Time, place, and manner regulations

Government can impose reasonable restrictions on the conditions of speech without restricting content.

Miller Test

Determines whether speech or material is obscene and unprotected by the First Amendment.

Prior restraint

Government action that prohibits speech or publication before it occurs, generally presumed unconstitutional.

Patriot Act

Expanded government surveillance and investigative powers to prevent terrorism, raising Fourth Amendment concerns.

Due Process

Government must respect all legal rights owed to a person, including fair procedures.

How constitutional provisions have supported social movements

The Constitution, via the Bill of Rights and the 14th Amendment, has been used to challenge discrimination and expand civil liberties, supporting movements like Civil Rights, Women’s Rights, and LGBT Rights.

Rational Basis

Laws must be reasonably related to a legitimate government interest.

Intermediate Scrutiny

Laws involving gender or legitimacy must serve an important government interest and be substantially related to it.

Strict Scrutiny

Laws affecting fundamental rights or involving suspect classifications must serve a compelling government interest and be narrowly tailored.