Ap gov

  • First amendment clause protects freedom of speech, religion, and the right to assemble and petition the government.

Civil rights

1. What are civil rights?

- Government protected rights by the U.S constitution. 

2. What have the courts decided on separate-but-equal cases?

- That they are unequal and violate the Equal Protection Clause.

3. What steps can be taken to not only desegregate, but integrate different groups that have otherwise faced discrimination?

- busing which is transporting students to schools within or outside their local school district. 

4. How have the courts responded to gender discrimination cases?

- The courts have determined that if it comes to seperating genders for schools as a benefit, then this is okay. However, not accepting someone by their gender for something that is okay for both genders, is not allowed. 

5. How have the courts responded to sexual harassment cases?

- Sexual harrasment is a form of discrimination that violates the right and dignity of the individual, so courts have taken these cases seriously and expanded protections. 

6. How have the courts applied right to privacy to cases involving sexual and reproductive rights?

- Roe v Wade established a womens right to choose an abortion. 

7. What is affirmative action, and how can it be legally applied?

- Affirmative action ensures that there is equal opportunity for areas like employment and education.

8. How have the courts responded to cases involving LGBTQ rights?

- By legalizing same sex marriage and ensuring their rights. 

Civil liberties

1. What are civil liberties?- The rights given to us specifically in the constitution.

2. What is our culture of protecting civil liberties?-  A culture that's overall more open to freedom of speech, we want to protect these rights. 

3. What is the importance of the 14th amendment in regards to civil liberties?- Due process: Bill of Attitude. Equal protection Clause: granted citizenship to all people born or naturalized in the United States.

4. What is the difference between libel and slander?- Libel is the act of knowingly making a false written statement in public. Slander is the act of knowingly making a false verbal statement in public. Forms of defamation: false statements harming someone's reputation. 

5. How have the courts defined obscenity?- 1973 case: Miller VS. California. When you see it, you know it. Purposely obscene. Obscenity is not protected by the first amendment. Obscenity is the purpose of the publication. 

6. To what extent is symbolic speech protected by the Constitution?- It is protected under the 1st amendment. Unless it is violent, like a threat. 

7. What is the Free Exercise clause?- The government cannot prohibit you from exercising your religion. 

8. What is the Establishment clause?- The government cannot establish a religion. 

9. What is the exclusionary rule and how does it apply to civil liberties?- Prevents evidence gathered in violation of the constitution. Any evidence found during an illegal search cannot be used. 

10. How have protections of civil liberties evolved since 9/11?- Expanded U.S government surveillance. 

Judiciary branch

1. What is judicial review?

- Judicial review is a legal process that allows courts to review whether a decision made by a public body is constitutional. 

2. Describe the federal court structure in the United States.

- The federal court structure has three main levels: district courts which are the trial courts, Circuit courts which are the first level of appeal, and the Supreme court of the U.S. which is the final level of appeal in the federal system. 

3. What are the two forms of constitutional interpretation used by judges?

- textualism and originalism. Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Originalism is the theory that the interpretation of legal texts should be interpreted according to the original meaning that it would have had at the time that it became a law. 

4. What is the relationship between federal and state courts?

- The relationship between federal and state courts is that they operate separately. Federal courts can overrule state court decisions that violate the constitution. They’re laws and courts are different. 

5. What goes into the appointment and confirmation of a federal judge?

- The authority to appoint judges is primarily held by the president, but these appointments require confirmation by the senate, creating a system of checks and balances essential to the functioning of the government. 

6. In what cases do federal courts have jurisdiction? What is a writ of certiorari?

- Cases under federal jurisdiction involve issues such as federal laws, treaties, and constitutional questions, which ensures uniform interpretation across all states. Federal courts have limited jurisdiction, meaning they can only hear cases explicitly granted to them by law or the constitution. A writ of certiorari is an order by a higher court directing a lower court to send up a case for review. 

7. What must exist for standing to sue?

- They must have serious interest in a case, which is determined by whether they have sustained or are in immediate danger of sustaining a direct and substantial injury from another party (corporation) or an action of government. 

8. What opinions do courts give on cases?

-The majority opinion is the most authoritative opinion in a court ruling. In the supreme court, if no majority opinion is reached, the decision may result in a plurality opinion which does not have the same precendtial value. 

9. What are checks on the judiciary branch?

- Decisions of the Supreme court can be reviewed by higher courts such as federal courts or state supreme courts. This provides a means for the supreme courts decisions to be challenged and revised, and serves as a check on the power of the supreme court to iterpret the constitution. These checks are in place to prevent any one branch from becoming too powerful. 

10. How can public opinion impact the courts?

- The public opinion has a less powerful effect on the other branches and the courts.

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