AP US GOV UNIT 4: JUDICIAL BRANCH & CIVIL RIGHTS/LIBERTIES

Constitutional qualifications for the Supreme Court

None

Supreme Court structure/function

9 Justices (usually...), Determines the Constitutionality of laws, executive orders, or legal rulings, Serves for LIFE or can retire

Current SCOTUS justices

Jackson, Barret, Kavanaugh, Gorsuch, Keagan, Sotomayor, Alito, Roberts (Chief Justice), Thomas

Three levels of Federal Court

Supreme Court, Court of Appeals, District Courts

Supreme Court

Highest court in the federal system, Nine Justices, meeting in Washington D.C., Appeals jurisdiction through certiorari process, Limited original jurisdiction over some cases, State arguments, Countries

Certiorari

A writ of Certiorari is what brings the case from the lower court to the higher court

Courts of Appeal

Intermediate level in the federal system, 12 regional 'circuit' courts, including D.C. Circuit, No original jurisdiction; strictly appellate, No new info, No Retrial, Only looking at the ruling from a lower court

District Courts

Lowest level in the federal system, 94 Judicial districts in 50 states and territories, No appellate jurisdiction, Original jurisdiction over most cases

Original Jurisdiction

Authority to hear a case for the first time

Bill of Attainder

Declares person or group guilty of a crime without trial, Illegal, EX: Japanese-American restraint camps

Double Jeopardy

Trying someone twice for the same crime, Illegal (Assuming legitimate ruling)

Prior Restraint

Limits expression of speech before it happens (specifically press), Not always unconstitutional (most cases lol), Constitutional when executive privilege is utilized

Justiciability of a Dispute

Courts determine if a dispute is worth settling in court

Defendant

Person against whom a complaint is brought

Prosecution

The person bringing the complaint

Class Action Lawsuit

People who had similar injuries bringing charges against a defendant collectively

Writ of Habeas Corpus

'Produce the Body' to bring an imprisoned person to court to determine legality of detainment

Ex Post Facto Law

After the Fact, law that retroactively changes the law, Not legal

Amicus Curiae

'Friend of the Court' when someone writes to supreme court with info relevant to a case, but not directly involved

Stare Decisis

Determining legal points from precedents

Judicial Activism

A philosophy of constitutional interpretation that justices should wield power of judicial review, sometimes creating bold new policies

Judicial Restraint

A Philosophy of constitutional interpretation that justices should wield power of judicial review cautiously and sparingly

Schenk v. US

Establishes clear and present danger is NOT protected under 1st amendment, Schenk said he had freedom of speech, causing panic and inevitably causing danger; ruled that that was wrong, Infringes on first amendment (speech), Speech that is considered dangerous and that causes danger is NOT protected

NY Times v. Sullivan

Details libel Infringes on first amendment (press), It is not libel if something is posted that one THINKS is true

NY Times v. US

Establishes prior restraint, The government can't force you to withhold information before publishing it (mostly except for cases of national security/ war)

Engel v. Vitale

Enforces Establishment Clause by prohibiting schools from sponsoring prayer

Establishment Clause

Prevents government from establishing a national religion but citizens are allowed to exercise their freedom of religion

Free Exercise Clause

Freedom to practice (or not practice) religion as you please (unless it harms others)

Wisconsin v. Yoder

Upholds 1st amendment Free Exercise Clause. The Amish taking their kids out of school in 8th grade is protected because it's a religious practice

Eminent Domain

Government can take your property, but they have to pay a price to you for it (Kelo vs New London)

Obscenity Test

1) Obviously sexual; 2) No scientific or cultural value; 3) Commonly agreed that it is obscene (Miller vs California)

Miranda Rights

Must be told what are your rights when you are being arrested (Miranda vs Arizona), (5th and 6th Amendment)

Fighting Words

Infringes on the first amendment (speech). You are at fault if speech is used to escalate or start violence. (Chaplinsky vs New Hampshire)

Exclusionary Rule

Any evidence collected illegally cannot be used in court

Mapp v. Ohio

Upheld exclusionary rule.

Solicitor General

Directly below attorney general, argues cases in Supreme Court

Concurring Opinion

Agreeing with ruling

Dissenting Opinion

Disagreeing with ruling

In Forma Pauperis

When court waves normal costs for the poor

Docket

List of pending cases

Supreme Court cases per year

7,000 requests per year, Hear about 80 cases (1%)

Rule of Four

4 justices must vote to hear a case

Civil Rights

The freedom to not lose your liberties because of race, gender/identity, religion, age, disability, etc

Civil Liberties

Protect citizens, opinions and property against arbitrary government interference

Selective Incorporation

States cannot pass laws that deny rights granted by the Federal Government

14th Amendment

Citizenship Clause, Equal Protection Clause, Due Process Clause

Freedom of Assembly

1st amendment 'Congress shall make no law... abridging the people freedom of the people peaceably to assemble'

Protection from Self Incrimination

5th Amendment, Individuals have the right to remain silent during criminal investigation

Equal Protection

14th Amendment, Individuals cannot be discriminated based on their race, gender, religion, etc

Right to Petition

1st Amendment, Guarantees that individuals can ask the government to fix issues without punishment

Civil Rights Act 1964

Bans discrimination in public accommodations employment, and voting on the basis of race, religion, and sex.

Voting Rights Act 1965

Bans racial discrimination in voting, including literacy tests

Fair Housing Act 1968

Bans discrimination in lending and selling housing based on race, color, religion, sex, national origin, familial status, and disability.

Education Amendments 1972

Bans discrimination on the basis of sex in educational programs and activities that receive federal funding

Title IX

Provision of the Education Amendments of 1972 that prevents schools and universities receiving funding from discriminating against women (centers around sports)

Affirmative Action

Requirements to take positive steps to increase the number/proportion of minorities in membership

Equal Pay Act 1963

Bans employers from paying different wages to men and women for equal work in the same establishment, where the work requires substantially equal skill, effort, and responsibility, and is performed under similar working conditions

Civil Rights

Protections for individuals from discrimination based on race, natural origin, religion, sex, and other characteristics, ensuring equal treatment under the law

13th Amendment

Prohibited slavery within the US

14th Amendment

Granted citizenship to all persons born or naturalized in the US and placed restrictions on state laws that sought to abridge the privileges and immunities of citizens of the US

Equal Protection Clause

Clause of the 14th amendment that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics

15th Amendment

Granted voting rights to African Americans

Separate But Equal

The doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal

Legal Segregation

The separation of individuals based on their race

De Jure Segregation

The separation of individuals based on their characteristics, such as race, intentionally and by law

De Facto Segregation

A separation of individuals based on their characteristics that arises not by law but because of other factors, such as residential housing patterns

Civil Disobedience

The intentional refusal to obey a law to call attention to its injustice

Civil Rights Act of 1964

Legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individuals, school districts that failed to desegregate

Voting Rights Act of 1965

Legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states

19th Amendment

Granted women the right to vote

Title IX of the Higher Education Amendments of 1972

Legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs

Civil Liberties

Fundamental rights and freedoms of citizens protected from infringement by the government

Bill of Rights

A list of fundamental rights and freedoms that individuals possess.

Bill of Rights

The first 10 amendments to the Constitution.

Due Process Clause

The clause in the 14th amendment that restricts state governments from denying citizens life, liberty, or property without legal safeguards.

Selective Incorporation

The piecemeal process through which the Supreme Court affirmed that almost all of the protections in the Bill of Rights also apply to state governments.

Establishment Clause

First Amendment protection against the government requiring citizens to join or support a religion.

Free Exercise Clause

First Amendment protection of the rights of individuals to exercise and express their religious beliefs.

Freedom of Expression

A fundamental right affirmed in the First amendment to speak, publish, and protest.

Clear and Present Danger Test

Legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment.

Prior Restraint

The suppression of material prior to publication on the grounds that it might endanger national security.

Symbolic Speech

Protected expression in form of images, signs, and other symbols.

Libel

An untrue written statement that injures a person's reputation with malicious intent.

Slander

An untrue spoken expression that injures a person's reputation.

Obscenity and Pornography

Words, images, or videos that depict sexual activity in an offensive manner that lack any artistic merit.

Ex Post Facto Laws

Laws criminalizing conduct that was legal at the time it occurred.

Bill of Attainder

A law passed by congress punishing an individual without a trial.

Writ of Habeas Corpus

A document setting out reasons for an arrest or detention.

Procedural Due Process

A judicial standard requiring that fairness be applied to all individuals equally.

Warrant

A document issued by a judge authorizing a search.

Probable Cause

Reasonable belief that a crime has been committed or that there is evidence of criminal activity.

Exclusionary Rule

A rule that evidence obtained without a warrant is inadmissible in court.

Grand Jury

A group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted for criminal charges and subsequently tried in court.

Double Jeopardy

Protects an individual acquitted of a crime from being charged with the same crime in the same jurisdiction.

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.

Bail

An amount of money posted as security to allow the defendant to be freed while awaiting trial.

Original Jurisdiction

Authority of a court to act as the first court to hear a case.

Appellate Jurisdiction

Authority of a court to hear and review decisions made by lower courts in that system.

Federalist 78

Argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties, but rather would serve as a check on the other branches.

Marbury v. Madison

1803 SCOTUS decision that established judicial review over federal laws.