POL 7 Midterm Study Guide

Comprehensive vocabulary flashcards covering constitutional articles, key judicial review concepts, decision-making theories, and assigned Supreme Court cases for the POL 7 midterm exam.

Fed 78

Judiciary is the "least dangerous branch" bc it holds neither the "sword" nor the "purse"—only judgment.

establishes the foundation for judicial review + argues that lifetime tenure is required to keep judges independent.

Article I

Legislative branch

Section 8: Commerce Clause, Necessary & Proper Clause

Article 5

Amendment process —>

• 2/3 of BOTH houses need to approve a proposal OR 2/3 of states call a convention (never done)

• 3/4 of states must ratify.

Article 4

States + citizens

Full faith & credit clause

1st Amendment

amendment protecting individual freedoms.

Clauses: Establishment (of religion), Free exercise (choose religion), Freedom of Press (journalism), Assembly (protest), Petition.

4th Amendment

amendment guarding against unreasonable searches and seizures.

13th Amendment

Nationally abolished slavery & involuntary servitude—except as a punishment for a crime.

19th Amendment

amendment granting + protecting women's voting rights.

Judicial Review

The authority of courts to review actions of other branches of government + determine their constitutionality.

District Courts and Appellate Courts

The lower tiers of the federal court structure, encompassing federal trial courts and intermediate circuit appeals courts below the Supreme Court.

Writ of Certiorari

A formal order issued by a higher court (e.g: Supreme Court) to review the record of a lower court's decision.

Amicus Curiae

Briefs filed by external 'friends of the court' who are not direct parties to a case, to provide additional arguments / information.

Plurality Opinion

An opinion supported by the largest number of justices on the winning side when no single opinion commands a majority.

Concurrence

An opinion authored by a judge who agrees with the ultimate ruling of the court but wishes to express separate or alternative reasoning.

Dissent

An opinion by one or more judges disagreeing with the majority outcome and setting forth opposing legal arguments.

Stare Decisis

Latin for “to stand by things decided”

Legal doctrine requiring courts to adhere to precedents established in previously decided cases.

Legal Realism

A theory of judicial decision making asserting that rulings are shaped by non-legal, behavioral, social, or ideological considerations rather than pure legal/mechanical rules.

Attitudinal Model (of Legal Realism)

A model of legal realism → judges primarily base decisions on their personal political + ideological preferences.

Textualism

An interpretive method that focuses on the text of the constitution as written. Basic approach by everyone

Originalism

An interpretive method asserting that constitutional provisions should be interpreted according to their public meaning or intent at the time of adoption.

• OG intent, OG meaning

• May go back to old dictionaries, history, state constitutions

Doctrinalism

An interpretive method that relies primarily on established judicial rules, judicial tests (like strict scrutiny), and evolving legal doctrines.

• e.g: stare decisis

Pragmatism

An interpretive method that prioritizes the practical outcomes, flexibility, and real-world results of a legal decision OVER strict adherance to ideologies / theories.

Living Constitutionalism

The interpretive approach asserting that the meaning of the Constitution dynamically evolves to adapt to contemporary values and societal change.

Fed 48

argues that a strict separation of powers on paper is completely useless unless the branches of government are given the constitutional tools to overlap and check one another.

“mere demarcation not sufficient”

Fed 51

Madison argues for the separation of powers + checks and balances in government. “Ambition counteracts ambition” = separation of branches.

Commerce Clause

Art. 1 Sec.8

Congress can regulate foreign & interstate commerce

Necessary & Proper (Elastic) Clause

Art. 1 Sec. 8

Congress can make any law that is necessary + proper for carrying out its enumerated powers.

Article 2

Executive branch: P! commander in chief of Army & Navy, P! enforces laws, P! can be impeached

Article 3

Judicial branch

no mention of judical review or Writ of Certiorari, no set structure for judicial

Original Jurisdiction

SCOTUS has OG juris. in specific cases (involving ambassadors, public ministers, consuls, etc.)

Exceptions Clause

SCOTUS has Appellate jurisdiction in ALL non-original cases, but Congress can strip or regulate its power to hear specific appeals (jurisdiction stripping).

Full Faith and credit clause

Article 4

Citizens get treated equally in every state. Each state needs to respect other states’ rules

Article 6

Supremacy Clause = Federal law trumps state law (supreme law of the land)

14th Amendment

Defines citizenship:

• Citizenship clause (“all persons born or naturalized..”)

• Due Process clause = can’t deprive of life, liberty, Pursuit of happiness w/o due process

• Equal Protection clause = equal protection of laws

15th Amendment

Cannot deny voting based on race

How cases get to SCOTUS

1. Seek Writ of Certiorari + Rule of 4

2. Submit Legal briefs (written arguments) + Amicus curiae briefs

3. Present oral arguments

4. Justices vote + write opinions (Justice’s conference)

5. Remand (send back to lower court) for further consideration

Rule of 4

At least 4 of the 9 Supreme Court justices must vote to agree to hear a case (to grant a writ of certiorari).

Circuit Split

When 2 or more circuit courts disagree on the interpretation of the same federal law or constitutional issue.

Holding

the legal principle or ruling of a court that decides a specific case.

Majority Opinion

reached by over 50% of votes

Plurality Opinion

the most votes but under 50% of votes

Concurring Opinion

Written by a Justice who agrees with the final outcome of the majority (or plurality), but with a different or additional legal reasoning

Dissenting Opinion

Written by one or more Justices who disagree with both the outcome AND the reasoning of the majority decision.

Circuit Courts of Appeals

Below Supreme Court

Reviews the decisions of the courts below it (District courts)

Institutional Model (of Legal Realism)

Model of legal realism —> political outcomes, behavior, & policy choices are shaped by institution.

• A judge may internalize the norms of the institution & act in a way they think is required for the role

Structuralism

An interpretive method that looks at the structure of the constitution & its relationships.

• E.g: Federalism, limited government, separation of powers.

Philosophical / Aspirational Method

An interpretive method where justices look to the fundamental moral, political, or philosophical principles underlying the text to resolve modern legal issues, rather than strict historical text

• e.g justice, equality, and human dignity

Plessy v. Ferguson (Case Background)

• Louisana enacted separate car act

• Homer Plessy, 7/8ths white agreed to partictipate in a test to challenge the act by sitting in a “Whites Only” car while being legally considered black.

• He’s asked to vacate, refuses, is arrested

• Q: Does the Separate Car Act violate the 14th Amend. (Equal Protection Clause).

Edwards v. Aguillard (Case Background)

• Louisiana law mandated that if teaching either creation science OR evolution science in school, they must be discuss the other as well.

• a group of Louisiana parents, teachers, + religious leaders sues Louisiana

• Q: Does the Louisiana law violate the 1st Amend. (Establishment Clause)?

Shelby County v. Holder (Case Background)

• Voting Rights Act of 1965 Section 5 required specific states + local gov’s w/ a history of racial discrimination to get federal approval before changing voting laws/procedures.

• Section 4(b) contained the formula used to determine which states were subject to section 5.

• Q: Did Sections 5 + 4(b) violate the 10th Amend. (“All powers not given..belong to states / ppl”)?

NYSRPA v. Bruen (Case Background)

• State of NY requires showing of special need for self-protection to get an unrestricted license to carry a concealed firearm outside the home

• Robert Nash + Brandon Koch challenge the law after their application gets denied bc they failed to show “proper cause”

• Q: Does the NY law violate the 2nd Amend. (Right to bear arms)?

  
  

Kelo v. City of New London (Whole Case)

• After decades of economic decline and unemployment rates, New London, Connecticut created the New London Development Corporation

• They planned to remodel by buying private property or exercising Eminent domain

• 9 Land owners filed suit

Q: Does taking private property for private economic development count as "public use" under the Fifth Amendment?

Outcome: Yes. "Public use" can mean a broader "public purpose" like economic development, even if the land is given to a private entity.

West Virginia State Board of Education v. Barnette (Whole Case)

• A state school board required all students and teachers to salute the American flag, expelling Jehovah's Witness children who refused.

Q: Does a compulsory flag salute violate the First Amendment?

Outcome: Yes. The government cannot force citizens to confess or symbolise beliefs they do not hold. Free speech includes the right not to speak.

United States v. Nixon (Whole Case)

• President Nixon refused to hand over audio tapes related to the Watergate break-in, claiming absolute "executive privilege."

Q: Is a President's executive privilege completely immune from judicial review during a criminal investigation?

Outcome: No. Executive privilege is not absolute. It does not override the fundamental demands of due process + the fair administration of criminal justice.

Griswold v. Connecticut (Whole Case)

• A state law criminalized the use of contraceptives

• Planned Parenthood director was arrested for providing birth control advice to married couples.

Q: Does the Constitution protect a married couple's right to use contraception?

Outcome: Yes. While not explicitly stated, the Bill of Rights implies a "right to privacy" created by the penumbras (shadows) of various constitutional amendments.

Dobbs v. Jackson Women's Health Organization (Whole Case)

• Mississippi banned abortions after 15 weeks of pregnancy, directly challenging the constitutional right to abortion established in Roe v. Wade.

Q: Does the Constitution protect the right to an abortion?

Outcome: No. Overruled Roe v. Wade. The Constitution does not reference abortion, and the right is not deeply rooted in history. Abortion regulation is returned to the states.

American Legion v. American Humanist Association (Whole Case)

• A 40-ft Christian cross built as a WWI veteran memorial sat on public land + was maintained using government funds.

Q: Does the government maintenance of a giant religious cross violate the 1st Amend Establishment Clause?

Outcome: No. The cross had stood for nearly a century, gaining distinct historical, secular meaning as a war memorial. Longstanding monuments carry a presumption of constitutionality.