gov quiz #

Key Term

Description/Definition/Importance

1. Judicial Review and Marbury v. Madison (1803)

Allows for courts to determine constitutionality of laws & Marbury v. Madison sets out principle of judicial review

2. Judicial activism

Judges create public policy through rulings- bring law in accordance with the times (such as Brown v. Board)

3. Judicial Restraint

Follow precedent– use the Constitution as a guideline, less judicial discretion- Roe following Griswald

4. Original v. Appellate Jurisdiction

Original– case goes directly to SC

Appellate– Reviews lower court decision

5. Supreme Court procedure

   1. Rule of four

   2. Oral Argument

   3. Conference

   4. Opinions

5a. 4 justices must agree to hear case

5b. Attorneys present cases

5c. Justices discuss and vote on cases in private

5d. Written explanations of decisions

6. Writ of certiorari 

Grants appeal to court

7. Stare decisis

Courts can follow previous decisions or lower court rulings (Let decision stand)

8. Process of Judicial Selection

   1. Nine justices, appointed for life, no minimum age

   2. President nominates

   3. Custom of senatorial courtesy for lower court judges

   4. Senate Judiciary Committee hearings/recommendation

   5. Full Senate confirms -simple majority (no filibuster allowed)

8a. 

8b.

8c. Consults w? Senator about appt.

8d. 

8e.

9. Federalist 78

Justices should have lifetime appointment to remain independent

Key Term

Definition/Description/or Importance

1. Five Freedoms of the First Amendment

Religion, Press, Assembly, Speech & Petition

2. Establishment Clause and Free Exercise Clause

Prohibits state religion & grants freedom of religion

3. Establishment case: Engel v. Vitale (1962)

Established that it’s unconstitutional to have teacher/school-led prayer

4. Establishment Clause cases: Lemon v. Kurtzman (1971)

Set rules for aid to religion schools from the state (Lemon Test) and declared it unconstitutional for aid to go to religious schools 

Rules:

• Purpose of aid must be secular

• Must neither advance nor inhibit religion

• Avoid excessive entanglement

5. Free exercise cases Wisconsin v. Yoder  (1972), Westside Community School District v. Mergens (1990)

Yoder– Amish can stay home- free exercise

Mergens– Bible club is consitutional

6. No bills of attainder

Legislative that punishes a person without a trial (prohibited)

7. No ex post facto laws

Laws that apply retroactively (prohibited)

8. No suspension of writ of habeas corpus unless in cases of rebellion

Article 1, Sec. 9, clause 2

You must be charged with a crime and have due process after arrest

9. The Fourteenth Amendment, the Incorporation Doctrine and Gitlow v. New York (1925)

Incorporation doctrine: states must follow the Bill of Rights(14th plus another amendment) 

Ex: Miranda Rights

Gitlow (free speech)

10. Free exercise case: West Virginia v. Barnette (1942)

Protected students from being forced to salute the flag (free excercise)

11. Freedom of speech/press case: No prior restraint and New York Times v. United States (1971)

Defended First Amendment right of free press (Pentagon Papers)

12. Freedom of Speech case No Defamation of Character

    1. Libel –New York Times Co. v. Sullivan (1964)

    2. Slander

Libel- written defamation

Slander- oral defamation

13. Freedom of Speech case:  Schenk v. United States (1919) and the Clear and Present Danger Test 

Upheld Schenk’s conviction, First Amendment limited

14. Freedom of speech case:  Texas v. Johnson (1989)

Flag desecration is constitutional

15. Freedom of Speech case:  Tinker v. Des Moines (1969)

Upheld students right to symbolic speech (protsting Vietnam War)

16. McDonald v. Chicago (2010)

No state can ban fire arm registration (incorporation case)

17. Due Process Rights 

    1. Mapp v. Ohio (1962) and the exclusionary rule

    2. Miranda v. Arizona (1966)

    3. Gideon v. Wainwright (1963)

    4. Gregg v. Georgia (1976)

1. Prevents illegally obtained evidence from being used

2. Miranda Rights

3. Grants lawyer to accused ppl

4. Upheld death penalty

18. The Right to Privacy and the Right to Privacy debated

    1. Griswold v. Connecticut (1965)

    2. Roe v. Wade (1973)

    3. Dobbs. v.Jackson (2022)

1. State cannot ban contraception (right to privacy)

2. State cannot ban abortion

3. State can ban abortion

19. Amendments to know

    1. First

    2. Second

    3. Fourth

    4. Fifth

    5. Sixth

    6. Eighth

    7. Ninth

    8. Fourteenth

• Free speech

• Right to bear arms

• Search & Seizure

• Protects self- incrimination

• Right to attorney and trial by jury

• No excessive bail or cruel and unusual punishment

• Right to privacy

• Birthright citizenship