Gov unit 3 flashcards

Overview of the Judicial Branch and Civil Liberties & Civil Rights

• Power Distribution and Institutional Cooperation: The government is structured to ensure that power is distributed closely among the three main branches (Congress, the presidency, and the courts). They must compete and cooperate to govern effectively.

• Role of the Bureaucracy: Some view the bureaucracy as an extension of the executive branch while others consider it a fourth branch, due to its discretion in policy implementation.

• Constitutional Powers:

  • Article I grants specific powers to Congress.
  • Article II outlines the president's powers.
  • Article III pertains to the courts.

• Informal Powers: Each branch holds informal powers that extend beyond explicit constitutional provisions, ensuring checks and balances are maintained.

• Individual Rights: The U.S. Constitution, especially the Bill of Rights and the Fourteenth Amendment, aims to limit government infringement on individual rights and ensure equal protection under the law.

• Ongoing Debate: There's a continual examination of how the Constitution protects individual liberties and addresses discrimination.

Judicial Review

1. Definition of Judicial Review:

   • Judicial Review allows courts to determine the constitutionality of laws, executive actions, and state laws. Established in Marbury v. Madison (1803).
   • It serves as a check on legislative and executive branches as well as state governments.

2. Legitimacy of the Supreme Court:

   • Life tenure for justices may raise questions about accountability and democratic value, leading to debates over cases like Roe v. Wade (1973).

Checks on Judicial Power

1. Legislative Checks:

   • Congress can pass new laws to counteract or modify Supreme Court rulings. They can also propose amendments to overturn decisions.

2. Executive Checks:

   • The President appoints justices, shaping the Court's future. The President can also enforce or ignore Court rulings, which may cause tensions.

3. Impeachment Process:

   • Congress may remove justices for misconduct; however, this is rare.

Constitutional Protections of Civil Liberties

1. Bill of Rights:

   • The first ten amendments protect individual liberties from government encroachment, including:
     • 1st Amendment: Freedom of religion, speech, press, assembly, and petition.
     • 2nd Amendment: Right to bear arms.
     • 4th Amendment: Protection from unreasonable searches and seizures.
     • 5th Amendment: Rights related to self-incrimination and due process.
     • 6th Amendment: Right to a fair and speedy trial.
     • 8th Amendment: Protection against cruel and unusual punishment.
     • 9th Amendment: Rights retained by the people.
     • 10th Amendment: Powers reserved to states or the people.

2. Supreme Court Interpretation:

   • The First Amendment generally supports individual liberty, allowing for broad interpretations of free speech, as established in cases like Schenck v. United States (1919) and Texas v. Johnson (1989).
   • The Second Amendment has seen evolving interpretations regarding regulations, highlighted in District of Columbia v. Heller (2008).

Selective Incorporation and State Limits

1. Definition:

   • Selective incorporation applies certain Bill of Rights provisions to the states via the Fourteenth Amendment’s Due Process Clause, ensuring fundamental rights are protected against state infringement.

2. Implications:

   • The Due Process Clause limits state actions against individual rights, making protections like the right to a lawyer and against self-incrimination applicable at the state level.

Fourteenth Amendment and Equality

1. Equal Protection Clause:

   • This clause has been pivotal in supporting social movements (Civil Rights, Women’s, LGBTQ+), enabling challenges against discrimination.

2. Advancements Through Constitutional Provisions:

   • The government has addressed social movements via legislation (e.g., Civil Rights Act of 1964, Voting Rights Act of 1965) and Court rulings (e.g., Brown v. Board of Education).

Court's Interpretation and Role in Rights Protection

• The Supreme Court’s decisions shift with societal values and the composition of the justices, as seen in various landmark cases.

• Understanding the distinction between civil liberties (freedoms from government interference) and civil rights (protection against discrimination) is crucial.

Conclusion

• The complex interplay of constitutional provisions, judicial review, and the interpretation of civil rights and liberties are key elements in understanding the judicial branch's role and its influence on American society.
• Awareness of landmark cases and judicial philosophies is essential for grasping how rights are protected and limited within the framework of the Constitution.