Gov unit 7

1. Judicial review
Front: What is judicial review?
Back: Power of courts to decide if laws/actions are constitutional.

2. Marbury v. Madison
Front: Why is Marbury v. Madison important?
Back: Established judicial review.

3. Judicial restraint
Front: What is judicial restraint?
Back: Judges should mainly apply existing law.

4. Judicial activism
Front: What is judicial activism?
Back: Judges actively interpret broad constitutional principles.

5. Strict construction
Front: What is strict construction?
Back: Interpret Constitution closely by its wording.

6. Loose construction
Front: What is loose construction?
Back: Interpret Constitution broadly using general principles.

7. Federalist #78
Front: What did Federalist #78 say about the judiciary?
Back: It called the judiciary the “least dangerous branch.”

8. Dual-court system
Front: What is the dual-court system?
Back: The U.S. has both state and federal courts.

9. Federal district courts
Front: What are federal district courts?
Back: Federal trial courts; there are 94.

10. U.S. Courts of Appeals
Front: What do U.S. Courts of Appeals do?
Back: Hear appeals from lower federal courts; there are 12.

11. Supreme Court
Front: What is the Supreme Court’s role?
Back: Highest court; hears major federal/constitutional cases.

12. Legislative courts
Front: What are legislative courts?
Back: Courts created by Congress with fixed-term judges.

13. Original jurisdiction
Front: What is original jurisdiction?
Back: Power to hear a case first.

14. Change of venue
Front: What is a change of venue?
Back: Moving a trial to a different location.

15. Amicus curiae brief
Front: What is an amicus curiae brief?
Back: A “friend of the court” brief from an interested outside party.

16. Stare decisis
Front: What is stare decisis?
Back: Following precedent.

17. Writ of certiorari
Front: What is a writ of certiorari?
Back: Order for the Supreme Court to review a lower court case.

18. Rule of four
Front: What is the rule of four?
Back: Four justices must vote to hear a case.

19. Majority opinion
Front: What is the majority opinion?
Back: Main opinion representing the Court’s ruling.

20. Concurring opinion
Front: What is a concurring opinion?
Back: Agrees with the result, but for different reasons.

21. Dissenting opinion
Front: What is a dissenting opinion?
Back: Opinion disagreeing with the majority.

22. Per curiam opinion
Front: What is a per curiam opinion?
Back: Brief, unsigned Court opinion.

23. Senatorial courtesy
Front: What is senatorial courtesy?
Back: Senators influence judicial picks from their states.

24. Criminal case
Front: What is a criminal case?
Back: Government prosecutes someone for breaking the law.

25. Civil case
Front: What is a civil case?
Back: Dispute over rights, money, or harm between parties.

26. Class action lawsuit
Front: What is a class action lawsuit?
Back: One lawsuit represents many similar people.

27. Litigation
Front: What is litigation?
Back: The process of taking disputes to court.

28. Solicitor General
Front: Who is the Solicitor General?
Back: Top federal lawyer before the Supreme Court.

29. Sovereign immunity
Front: What is sovereign immunity?
Back: Government can’t be sued without its consent.

30. Advice and consent
Front: What does advice and consent mean?
Back: President nominates judges; Senate confirms.

31. First Amendment
Front: What does the First Amendment protect?
Back: Speech, religion, press, assembly, and petition.

32. Doctrine of preferred position
Front: What is the doctrine of preferred position?
Back: First Amendment freedoms get especially strong protection.

33. ACLU influence
Front: What does the ACLU do?
Back: Defends civil liberties through litigation and advocacy.

34. Elite opinion / law review influence
Front: How do elite opinions affect courts?
Back: Lawyers and scholars can shape judicial thinking.

35. Schenck v. U.S.
Front: Why is Schenck v. U.S. important?
Back: It created the clear and present danger test.

36. Clear and present danger
Front: What is clear and present danger?
Back: Speech can be limited if it poses an immediate serious threat.

37. Symbolic speech
Front: What is symbolic speech?
Back: Nonverbal expression protected as speech.

38. Roe v. Wade
Front: Why is Roe v. Wade important?
Back: Recognized abortion rights through privacy/liberty reasoning.

39. Dobbs
Front: Why is Dobbs important?
Back: Overturned Roe.

40. Griswold v. Connecticut
Front: Why is Griswold v. Connecticut important?
Back: Recognized privacy rights tied to contraception.

41. Rational basis
Front: What is rational basis review?
Back: Law must be reasonably related to a legitimate government goal.

42. Intermediate scrutiny
Front: What is intermediate scrutiny?
Back: Law must be substantially related to an important government goal.

43. Strict scrutiny
Front: What is strict scrutiny?
Back: Government needs a compelling interest and least restrictive means.

44. Brown v. Board
Front: Why is Brown v. Board important?
Back: Ended school segregation under equal protection.

45. Equal protection clause
Front: What is the equal protection clause?
Back: States cannot deny equal protection of the laws.

46. Establishment clause
Front: What is the establishment clause?
Back: Government cannot establish religion.

47. Free exercise clause
Front: What is the free exercise clause?
Back: Protects religious practice.

48. Selective incorporation
Front: What is selective incorporation?
Back: Bill of Rights protections applied to states through the 14th Amendment.

49. McDonald v. Chicago
Front: Why is McDonald v. Chicago important?
Back: Applied the Second Amendment to the states.

50. Tinker v. Des Moines
Front: Why is Tinker v. Des Moines important?
Back: Protected student symbolic speech in school.

51. 8th Amendment / death penalty
Front: What does the 8th Amendment ban?
Back: Excessive bail, excessive fines, and cruel and unusual punishment.

52. Furman v. Georgia
Front: What did Furman v. Georgia do?
Back: Temporarily halted the death penalty.

53. Gregg v. Georgia
Front: What did Gregg v. Georgia do?
Back: Allowed the death penalty back with safeguards.

54. Same-sex marriage
Front: What constitutional ideas support same-sex marriage?
Back: Due process and equal protection.

55. U.S. v. Windsor
Front: What did U.S. v. Windsor hold?
Back: Struck down part of DOMA.

56. Obergefell v. Hodges
Front: What did Obergefell v. Hodges hold?
Back: States cannot ban same-sex marriage.

57. Gender discrimination
Front: What level of scrutiny applies to gender discrimination?
Back: Intermediate scrutiny.

58. Reed v. Reed
Front: Why is Reed v. Reed important?
Back: First case saying equal protection blocks sex discrimination.

59. U.S. v. Virginia
Front: What did U.S. v. Virginia hold?
Back: VMI had to admit women.

60. Title IX
Front: What does Title IX do?
Back: Bans sex discrimination in federally funded education.

61. Letter from a Birmingham Jail
Front: Why is Letter from a Birmingham Jail important?
Back: Defends civil disobedience against unjust laws.

62. New York Times v. U.S.
Front: Why is New York Times v. U.S. important?
Back: Limited prior restraint by the government.

63. Prior restraint
Front: What is prior restraint?
Back: Government censorship before publication or speech occurs.

64. Executive privilege
Front: What does no unqualified executive privilege mean?
Back: Presidential secrecy is not absolute.

65. Gideon v. Wainwright
Front: Why is Gideon v. Wainwright important?
Back: Guaranteed right to counsel in state felony cases.

66. Right to counsel
Front: What is the right to counsel?
Back: Right of criminal defendants to a lawyer.

67. Wisconsin v. Yoder
Front: Why is Wisconsin v. Yoder important?
Back: Protected Amish free exercise rights over compulsory schooling.

68. Engel v. Vitale
Front: Why is Engel v. Vitale important?
Back: Banned state-sponsored school prayer.

69. Exclusionary rule
Front: What is the exclusionary rule?
Back: Illegally obtained evidence cannot be used in court.

70. Mapp v. Ohio
Front: Why is Mapp v. Ohio important?
Back: Applied the exclusionary rule to the states.

71. Good faith exception
Front: What is the good faith exception?
Back: Some evidence may still be used if police acted in good faith.

72. Civil liberties
Front: What are civil liberties?
Back: Protections from government interference.

73. Civil rights
Front: What are civil rights?
Back: Protections against unequal treatment.

74. Civil Rights Act of 1964
Front: What did the Civil Rights Act of 1964 do?
Back: Banned discrimination in public places, jobs, and federally funded programs.

75. Voting Rights Act of 1965
Front: What did the Voting Rights Act of 1965 do?
Back: Protected voting rights and required preclearance in some states.

76. Shelby County v. Holder
Front: Why is Shelby County v. Holder important?
Back: Struck down the preclearance coverage formula.

77. Affirmative action
Front: What is affirmative action?
Back: Policies addressing past discrimination and promoting diversity.

78. Regents of UC v. Bakke
Front: What did Bakke hold?
Back: Race may be a factor, but quotas are not allowed.

79. Grutter / Gratz
Front: What did Grutter and Gratz show?
Back: Holistic use of race could be allowed; point systems were not.

80. Fundamental rights
Front: What are fundamental rights?
Back: Highly protected rights like marriage, privacy, and voting.

81. Federal question case
Front: What is a federal question case?
Back: Case involving the Constitution, federal laws, or treaties.

82. Diversity case
Front: What is a diversity case?
Back: Case involving citizens of different states.

83. Dual sovereignty doctrine
Front: What is dual sovereignty?
Back: State and federal governments can both prosecute the same conduct.

84. Standing
Front: What is standing?
Back: Legal right to bring a case.

85. Checks on judicial power
Front: What checks exist on judicial power?
Back: Confirmation, impeachment, jurisdiction control, amendments, and public opinion.