Gov Test 2

Judicial Branch

  • The design of the judicial branch protects the court's independence as a branch of government.

  • The emergence and use of judicial review is a powerful judicial practice.

Principle of Judicial Review

  • Judicial Review: The power of courts to assess whether a law is in compliance with the Constitution.

  • It checks the power of other institutions (Congress and state governments) by declaring laws or actions unconstitutional.

Foundation of Judicial Powers

  • Established in: Article III of the Constitution.

  • This article outlines the judicial powers of the federal courts, including the creation of lower courts, and the jurisdiction of the Supreme Court.

Federalist No. 78

  • Main point: Emphasizes the importance of an independent judiciary and explains how it acts as a check on legislative power.

  • Arguments made for the necessity of judicial review to declare legislative actions void when they are contrary to the Constitution.

Case Study: Marbury v. Madison (1803)

  • Facts: William Marbury was denied a commission to be a justice of the peace. He petitioned the Supreme Court for a writ of mandamus to compel delivery of his commission.

  • Ruling: Established the principle of judicial review by declaring the portion of the Judiciary Act of 1789 that extended the Court's original jurisdiction unconstitutional.

Fundamental Definitions

  • Constitutional Courts: Courts established under Article III of the Constitution that exercise judicial power.

  • Legislative Courts: Courts established by Congress for specialized purposes with limited jurisdiction, not protected by Article III.

  • Jurisdiction: The authority of a court to hear and decide cases.

Types of Jurisdiction

  • Original Jurisdiction: The power of a court to hear a case for the first time.

  • Appellate Jurisdiction: The power of a court to review decisions made by lower courts.

  • Dual Sovereignty: The principle that state and federal governments can prosecute the same person for the same conduct under different laws.

  • Exclusive Jurisdiction: Jurisdiction that can only be exercised by one court (e.g., federal courts typically have exclusive jurisdiction over federal questions).

  • Concurrent Jurisdiction: Jurisdiction shared by federal and state courts.

Judicial Review and Life Tenure

  • The exercise of judicial review in conjunction with life tenure can lead to controversy regarding the legitimacy of the Supreme Court's power.

Factors Influencing Judicial Nominations

  • Litmus Test: Used as a means to gauge a nominee's views; often related to controversial issues (abortion rights, etc.).

  • Judicial Philosophy: Reflects a nominee’s approach to judicial interpretation (e.g., originalism vs. living Constitution).

  • Diversity Factors: Gender, race, and background can play a role in nominations and perceptions.

  • Scandals and Politics: Personal controversies can impact nominations and confirmation processes.

  • Filibuster: A political strategy that can delay or prevent a vote on nominations in the Senate.

Precedents and Stare Decisis

  • Precedent: A legal decision that serves as an example or rule for future cases.

  • Stare Decisis: The legal principle of determining points in litigation according to precedent; literally means “to stand by things decided.”

Officials in the Federal Judiciary

  • U.S. Attorneys: Federal prosecutors who represent the U.S. in district courts.

  • Attorney General: The head of the U.S. Department of Justice; responsible for enforcing federal laws and representing the U.S. in legal matters.

  • Solicitor General: The lawyer who represents the federal government before the Supreme Court.

Ideological Changes and Court Precedents

  • Changes in the composition of the Supreme Court due to presidential appointments can lead to the Court establishing new precedents or rejecting past ones.

  • Controversial decisions can challenge the legitimacy of the Court, resulting in backlash from Congress and the President.

Actions by Executive and Legislative Branches

  • Future Appointments: The President can appoint new justices that align with their judicial philosophy.

  • Legislation: Congress can enact laws that change the Court's jurisdiction or directly respond to decisions.

  • Constitutional Amendment: A way to modify the Constitution effectively; can overturn judicial interpretations.

Judicial Activism vs. Judicial Restraint

  • Judicial Activism: Judicial philosophy that supports the Court in addressing social issues through broad interpretations of the Constitution.

  • Judicial Restraint: Philosophy advocating for limited judicial intervention, emphasizing adherence to the text of the Constitution.

Limitations on the Supreme Court

  • Other branches can limit the Supreme Court’s power through legislative action or constitutional amendments.

Amicus Curiae Briefs

  • Function: Submitted by non-litigants with a strong interest in the case, offering information, expertise, or insight.

Judicial Opinions

  • Majority Opinion: The official statement of the Court, agreeing to the ruling.

  • Dissenting Opinion: Written by justices who disagree with the majority ruling.

  • Concurring Opinion: Written by justices who agree with the majority but for different reasons.

Writ of Certiorari

  • A formal request for the Supreme Court to review a case.

  • Standing: Legal right to initiate a lawsuit.

  • Rule of Four: Principle that allows four justices to grant a writ of certiorari, permitting case review.

Structure of Federal Courts

Court Type

Number of Courts

Number of Judges

Jurisdiction

District Court

94

Varies

Original Jurisdiction in Federal Cases

Courts of Appeal

13

Varies

Appellate Jurisdiction

Supreme Court

1

9

Appellate Jurisdiction

Civil Liberties and Rights

  • The U.S. Constitution, particularly the Bill of Rights and the Fourteenth Amendment, aims to protect citizens and groups from government infringement on individual rights essential to liberty.

  • Ongoing interpretation of these rights seeks to balance government power and individual liberties.

Rights Protected in the Bill of Rights

  • 1st Amendment: Freedom of speech, religion, press, assembly, and petition.

  • 2nd Amendment: Right to keep and bear arms.

  • 4th Amendment: Protection against unreasonable searches and seizures.

  • 5th Amendment: Rights related to criminal prosecutions; protection against double jeopardy, self-incrimination, and guarantees due process.

  • 6th Amendment: Rights of accused persons in criminal cases including the right to a public trial and legal counsel.

  • 8th Amendment: Prohibition of excessive bail, fines, and cruel and unusual punishment.

  • 9th Amendment: Recognition that the enumeration of certain rights does not exclude others retained by the people.

  • 10th Amendment: Powers not delegated to the federal government are reserved to the states or the people.

Supreme Court Interpretations

  • The Supreme Court’s interpretations of the First and Second Amendments reflect a commitment to individual liberty, with various landmark cases illustrating conflicting interpretations and applications.

Establishment and Free Exercise Clauses

  • Ongoing debate over the balance between religious practice and free exercise.

Case Study: Engel v. Vitale

  • Facts: A New York state law encouraged a short, voluntary prayer for recitation at the start of each school day.

  • Ruling: The Court ruled that this practice violated the Establishment Clause of the First Amendment.

Case Study: Wisconsin v. Yoder

  • Facts: Amish families challenged a Wisconsin law that required all children to attend public school until age 16.

  • Ruling: Court ruled that the law infringed upon the First Amendment rights of the Amish, allowing them to withdraw their children from school after 8th grade.

Case Study: Tinker v. Des Moines Independent Community School District

  • Facts: Students wore black armbands to protest the Vietnam War and were suspended.

  • Ruling: Court ruled that students do not “shed their constitutional rights to freedom of speech… at the schoolhouse gate.”

Limits of Free Speech

  • Balancing individual freedom and social order, where certain interpretations of speech might be limited to protect public safety.

Definitions:

  • Time, Place, and Manner Regulations: Restrictions that allow the government to regulate the conditions under which speech can occur, provided they are content-neutral.

  • Miller Test: A test for determining whether speech or expression is obscene, defined by three criteria relating to contemporary community standards.

Case Study: Schenck v. United States

  • Facts: Defendant was convicted under the Espionage Act for distributing leaflets urging resistance to the draft during WWI.

  • Ruling: Established that speech which creates a "clear and present danger" is not protected under the First Amendment.

Case Study: New York Times Co. v. United States (1971)

  • Ruling: The Supreme Court favored the press, asserting a "heavy presumption against prior restraint" of publications even in matters of national security.

  • Definition: Prior Restraint: Government action that prohibits speech or other expression before it can take place.

The 4th Amendment

  • Protection against warrants issued without probable cause and unwarranted searches.

  • Exclusionary Rule: Evidence collected in violation of the Fourth Amendment cannot be used in a criminal trial.

Case Study: Mapp v. Ohio

  • Facts: Police violated Mapp's Fourth Amendment rights by conducting an illegal search.

  • Ruling: Established the exclusionary rule at the state level, indicating that illegally obtained evidence is inadmissible in court.

Case Study: Gideon v. Wainwright

  • Facts: Gideon charged with a felony; requested a lawyer, but was denied.

  • Ruling: The Court ruled that the Sixth Amendment's right to counsel applies to state courts via the Fourteenth Amendment.

Eighth Amendment

  • Court decisions interpreting cruel and unusual punishment, particularly in death penalty cases.

Case Study: Furman v. Georgia

  • Facts: Furman was convicted of murder and sentenced to death in a manner deemed arbitrary and discriminatory.

  • Ruling: The death penalty, as applied in this case, was unconstitutional under the Eighth Amendment.

Selective Incorporation

  • Protections in the Bill of Rights have been selectively incorporated via the Fourteenth Amendment's "due process" clause to limit state infringements upon basic liberties.

Case Study: Gitlow v. New York

  • Facts: The state prosecuted Gitlow for distributing a leftist pamphlet advocating the overthrow of the government.

  • Ruling: The Court ruled that the states are also bound by the First Amendment's protections, establishing the principle of selective incorporation.

Case Study: McDonald v. Chicago

  • Facts: A challenge to a Chicago handgun ban.

  • Ruling: The Court holds that the Second Amendment's right to keep and bear arms is applicable to the states via the Fourteenth Amendment.

Due Process Clause

  • Protects against arbitrary denial of life, liberty, or property by the government, ensuring fair treatment through the judicial system.

Miranda Rule

  • Requires that individuals taken into police custody be informed of their rights to an attorney and against self-incrimination before interrogation.

Right to Privacy

  • Not explicitly stated in the Constitution, but interpreted through the due process clause to protect personal privacy against government infringement.

Case Study: Roe v. Wade

  • Facts: Challenged the Texas law criminalizing most abortions.

  • Ruling: The Court ruled that a woman has the right to choose to have an abortion, based upon the right to privacy.

Equal Protection Clause

  • Part of the Fourteenth Amendment; prohibits states from denying any person within its jurisdiction equal protection under the law.

  • Constitutional provisions have historically supported and motivated various social movements.

Social Movements Supported by Constitutional Provisions

  • Civil Rights Movement: Sought to end racial discrimination and ensure equal rights.

  • Women’s Rights Movement: Advocated for equal rights and opportunities for women.

  • LGBT Rights Movement: Focused on equal rights and protections for LGBTQ+ individuals.

Civil Rights Protections

  • Civil rights safeguard individuals against discriminatory practices based on race, national origin, religion, and sex.

  • Enforced through constitutional protections and legislative actions.

Scrutiny Standards

  • Rational Basis: Lowest level of scrutiny applied to classifications in law; government action is valid if it is rationally related to a legitimate government interest.

  • Intermediate Scrutiny: Applied to gender discrimination cases; laws must have an important government objective.

  • Strict Scrutiny: Highest level applied to cases involving fundamental rights; the law must serve a compelling state interest and be narrowly tailored.

Government Response to Social Movements

  • Court rulings and legislative policies often respond to social movements advocating for civil rights and liberties.

Case Study: Brown v. Board of Education

  • Facts: Challenged racial segregation in public schools.

  • Ruling: The Court ruled that racial segregation in public schools is unconstitutional, effectively overturning Plessy v. Ferguson.

Civil Rights Act of 1964

  • Landmark legislation aimed at ending discrimination based on race, color, religion, sex, or national origin.

Title IX of the Civil Rights Act Amendments (1972)

  • Prohibits discrimination on the basis of sex in any federally funded education program or activity.

Voting Rights Act of 1965

  • Aimed at overcoming legal barriers at the state and local levels preventing African Americans from exercising their right to vote.

Conflicting Court Decisions on Civil Rights

  • The Court has fluctuated between protecting and limiting the civil rights of minority groups depending on the political and social context.

Case Study: Bakke v. California

  • Facts: Bakke challenged the affirmative action program at the University of California, arguing that he was denied admission based on his race.

  • Ruling: The Court's decision allowed for affirmative action but not quota systems, ruling that Bakke must be admitted but also affirming the consideration of race in admissions.