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US Government Judiciary Unit Study Guide

Key Topics to Study:

  1. Appointment and Confirmation of Supreme Court Justices:

    • Who has the power to appoint Supreme Court justices?

      • The President of the United States.

    • Who has the power to confirm Supreme Court justices?

      • The Senate, through a majority vote.

  2. Number of Supreme Court Justices:

    • There are nine justices on the Supreme Court: one Chief Justice and eight Associate Justices.

  3. Lifetime Appointments:

    • Why do Supreme Court justices serve lifetime appointments?

      • To ensure independence from political pressures and to allow justices to make decisions based on the law rather than on popular opinion or influence from other branches of government.

  4. Judicial Review:

    • Judicial review is the power of the courts to declare laws, executive actions, or governmental policies unconstitutional. This principle was established in the case Marbury v. Madison (1803).

  5. How Cases Reach the Supreme Court:

    • Process:

      1. Cases typically start in lower courts (district courts or state courts).

      2. If a party loses and appeals, the case may go to a higher court, such as a U.S. Court of Appeals.

      3. The Supreme Court selects cases by granting a writ of certiorari ("writ of cert").

      4. Four of the nine justices must vote to grant certiorari for the case to be heard.

    • Factors Considered:

      • Whether the case involves a significant federal or constitutional issue.

      • Conflicts among lower courts on interpreting the law.

      • Importance for national interest or precedent.

  6. Writ of Certiorari:

    • A writ of certiorari is an order issued by the Supreme Court to a lower court to send up the record of a case for review. It is a formal request for the Supreme Court to hear a case.

  7. Federal Court Original Jurisdiction:

    • The federal courts have original jurisdiction in cases:

      • Involving ambassadors, public ministers, or consuls.

      • Between two or more states.

      • Between the United States and a state.

      • Cases involving disputes between a state and citizens of another state or foreign nations (Article III, Section 2 of the Constitution).

  8. Precedent:

    • A precedent is a legal decision or judgment that serves as an authoritative rule or guide for future cases. The Supreme Court’s rulings set binding precedents for all lower courts.

  9. Supreme Court Cases Every Teen Should Know:

    • Tinker v. Des Moines Independent Community School District (1969)

      • Issue: Free speech in schools (students’ rights to wear armbands as protest).

      • Precedent: Schools cannot suppress student speech unless it causes a substantial disruption.

    • New Jersey v. T.L.O. (1985)

      • Issue: Search and seizure in schools.

      • Precedent: School searches are permissible under the Fourth Amendment if they are reasonable.

    • Ingraham v. Wright (1977)

      • Issue: Corporal punishment in schools.

      • Precedent: The Eighth Amendment does not prohibit corporal punishment in public schools.

    • Santa Fe Independent School District v. Jane Doe (2000)

      • Issue: School-led prayer at football games.

      • Precedent: School-led prayers at public events violate the Establishment Clause of the First Amendment.

    • Kent v. United States (1966)

      • Issue: Juvenile justice.

      • Precedent: Established standards for waiving juveniles to adult court.

    • Hazelwood School District v. Kuhlmeier (1988)

      • Issue: School-sponsored publications.

      • Precedent: Schools can regulate content in school newspapers if it is part of the curriculum.

    • Vernonia School District v. Acton (1995)

      • Issue: Drug testing in schools.

      • Precedent: Schools may require drug testing for student-athletes.

    • Westside Community Schools v. Mergens (1990)

      • Issue: Religious clubs in public schools.

      • Precedent: Schools must allow religious clubs if other extracurricular clubs are permitted.

Study Tips:

  • Review Chapter 15 in your textbook for foundational knowledge.

  • Study class slides and notes to reinforce key concepts.

  • Read "10 Cases Every Teenager Should Know" to understand the application of precedent.

  • Practice applying these cases to hypothetical scenarios to see how precedents guide judicial decisions.