Unit 4 Test

Judicial Branch Overview

• Judicial Independence & Review: The judiciary is designed to be an independent branch, with judicial review serving as a check on other institutions.

• Judicial Review: Established in Marbury v. Madison (1803), it allows courts to declare laws unconstitutional.

• Foundations of Judicial Power:

  • Article III of the Constitution

  • Federalist No. 78 (argues for an independent judiciary)

  • Marbury v. Madison (establishes judicial review)

Judicial Review & Controversy

• Life Tenure & Legitimacy Concerns: Judges serve for life, raising concerns over unchecked power.

• Precedents & Stare Decisis:

  • Stare Decisis: Courts follow previous rulings.

  • Precedent: Prior case decisions shape future rulings.

• Impact of Ideology on the Supreme Court: Presidential appointments can shift judicial ideology, altering precedent.

• Challenges to Court Legitimacy:

  • President & Congress can influence decisions through:

    • Future judicial appointments

    • Legislation modifying court jurisdiction

    • Refusing to enforce rulings

    • Constitutional amendments

Judicial Activism vs. Judicial Restraint

• Judicial Activism: Courts actively interpret laws and may create new policies (e.g., Brown v. Board of Education).

• Judicial Restraint: Courts defer to precedent and legislative decisions (e.g., upholding laws unless clearly unconstitutional).

• Limiting Supreme Court Power:

  • Congress can pass new laws or amendments

  • The President can influence the court through appointments

Key Judicial Terms

• Amicus Curiae Briefs: “Friend of the court” briefs filed by non-litigants to influence decisions.

• Types of Opinions:

  • Majority Opinion: Official court ruling.

  • Dissenting Opinion: Disagreement with the majority.

  • Concurring Opinion: Agrees with the majority but for different reasons.

• Writ of Certiorari: Supreme Court request to review a lower court case.

• Rule of Four: At least four justices must agree to hear a case.

Court Structure & Jurisdiction

Civil Liberties & Civil Rights

• Balancing Government Power & Individual Rights: The Constitution, especially the Bill of Rights & 14th Amendment, protects civil liberties.

Bill of Rights Protections

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

• 2nd Amendment: Right to bear arms.

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

• 5th Amendment: Protection against self-incrimination & double jeopardy.

• 6th Amendment: Right to a fair trial.

• 8th Amendment: No cruel/unusual punishment.

• 9th Amendment: Rights not explicitly listed are retained by people.

• 10th Amendment: Powers not given to the federal government are reserved for states.

Key Supreme Court Cases

• First Amendment Cases:

  • Engel v. Vitale (1962) – No school-sponsored prayer.

  • Tinker v. Des Moines (1969) – Symbolic speech protection.

  • Schenck v. U.S. (1919) – Clear and Present Danger Test.

  • New York Times Co. v. U.S. (1971) – Prior restraint limited.

• Due Process & Criminal Rights:

  • Mapp v. Ohio – Exclusionary rule.

  • Gideon v. Wainwright – Right to an attorney.

  • Miranda v. Arizona – Miranda rights.

• Selective Incorporation Cases:

  • Barron v. Baltimore – Bill of Rights originally only applied to federal government.

  • Gitlow v. New York – Free speech applied to states.

  • McDonald v. Chicago – 2nd Amendment applies to states.

• Right to Privacy Cases:

  • Roe v. Wade – Right to abortion under privacy.

Civil Rights & Social Movements

• Equal Protection Clause (14th Amendment): Used to advance equality.

• Civil Rights Cases:

  • Brown v. Board of Education – Overturned segregation.

  • Plessy v. Ferguson – Established “separate but equal” (later overturned).

  • Bakke v. California – Limited affirmative action policies.

• Social Movements & Government Response:

  • Civil Rights Movement (Letter from a Birmingham Jail).

  • Women’s Rights Movement (Title IX).

  • LGBTQ+ Rights Movement.

Government Responses to Civil Rights Movements

• Legislative Actions:

  • Civil Rights Act of 1964: Banned segregation/discrimination.

  • Voting Rights Act of 1965: Eliminated barriers to Black voting.

• Judicial Decisions:

  • Brown v. Board of Education – Ended segregation.

  • Roe v. Wade – Established abortion rights.

Affirmative Action Debate

• Some justices argue the Constitution is colorblind.

• Others argue racial classifications should be allowed to promote diversity.