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AP U.S. Government UNIT VII: THE JUDICIAL BRANCH Readings: CHAPTERS 4, 5 & 16 Testing: Chapter 4, 5 & 16 Quizzes, Unit VII Multiple Choice and Essay Exams, Supreme Court Quiz Assignments: Term Cards, Case Cards KEY TERMS TO DEFINE AND REMEMBER: UNIT VII Directions: Define 15 terms from each lecture. o Each term must be defined on its own note card. o Each term must appear on 1 side of the card with the corresponding definition on the back. o No points will be given for terms defined on anything other than note cards. o No points will be given for Term Cards not in your own handwriting. o Term Cards will always be due the day of the multiple-choice portion of the unit exam. o Term Cards are worth 1 point a piece. o For your own sanity’s sake, do not wait until the night before the exam to define all your terms! 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Chap. 4 1st Amendment 2nd Amendment 3rd Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment 9th Amendment 14th Amendment Civil liberties Commercial speech Compelling Interest Test Cruel and unusual punishment Double Jeopardy Due Process Clause Eminent domain Establishment clause Exclusionary rule Free exercise clause Habeas Corpus Libel Plea bargaining Prior restraint Probable cause Right to assemble Right to associate Right to privacy Search warrant Selective incorporation Self-incrimination Shield laws Slander Symbolic speech Unreasonable search & seizure Warren Court 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Chap. 5 13th Amendment 15th Amendment 17th Amendment 19th Amendment 23rd Amendment 24th Amendment 26th Amendment Affirmative action Americans with Disabilities Act Comparable worth Citizenship clause Coverture Civil disobedience Civil rights Civil Rights Act of 1964 De facto segregation De jure segregation Equal Employment Opportunity Commission Equal Protection Clause Equal Rights Amendment Grandfather Clause Poll taxes Seneca Falls Declaration of Sentiments and Resolutions Suffrage Three Levels of Judicial Scrutiny Title IX of the Education Act Voter Literacy Tests Voting Rights Act of 1965 White primary 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Chap. 16 Amicus curiae briefs Appellate jurisdiction Briefs Civil law Class action suits Circuit Courts Criminal law Defendant Dissenting opinion District courts Due process Judicial activism Judicial restraint Judicial review Judiciary Act of 1789 Jurisprudence Litigants Litigation Majority opinion Oral arguments Original jurisdiction Original intent Per Curiam decisions Plaintiff Political questions Precedent Public defenders Rule of 4 Senatorial courtesy Solicitor general Standing to sue Stare decisis Statutory construction U.S. Attorney Writ of certiorari KEY CASES TO DEFINE, REVIEW AND REMEMBER Directions: You will also need to make Case Cards for important Supreme Court Cases the AP Exam will expect you to have committed to memory. Follow the same format as Term Cards. Please include the Amendment or Article number each case challenged, as well as the precedent it set. These cards are also worth 1 point each for a total of 34 pts. Chap. 4 Barron v. Baltimore (1833) Gitlow v. New York (1925) Lemon v. Kurtzman (1971) Engel v. Vitale (1962) Near v. Minnesota (1931) Schenck v. United States (1919) Zurcher v. Stanford Daily (1976) Roth v. United States (1957) Miller v. California (1973) New York Times v. Sullivan (1964) Texas v. Johnson (1989) NAACP v. Alabama (1958) Mapp v. Ohio (1961) Miranda v. Arizona (1966) Gideon v. Wainwright (1963) Gregg v. Georgia (1976) McCleskey v. Kemp (1987) Roe v. Wade (1973) Griswald v. Connecticut (1965) Planned Parenthood v. Casey (1992) Chap. 5 Dred Scott v. Sanford (1857) Plessy v. Ferguson (1896) Brown v. Board of Education (1954) Korematsu v. United States (1944) Reed v. Reed (1971) Craig v. Boren (1976) Regents of the University of California v. Bakke (1978) Chap. 16 Marbury v. Madison (1803) United States v. Nixon (1974) Review Cases McCulloch v. Maryland Gibbons v. Ogden Shaw v. Reno (1993) Baker v. Carr (1962) Buckley v. Valeo (1976) Quiz 4 & Quiz 5: SPECIAL MEMORIZATION REQUIREMENTS For Ch. 4 Quiz you must memorize the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” For Ch. 5 Quiz you must memorize the following section of the Fourteenth Amendment: “…nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” UNIT VII BRIDGE NOTES (better than Spark Notes) Since the 1920’s, the Fourteenth Amendment’s Due Process Clause has been interpreted to include most of the protections guaranteed in the Bill of Rights and to prevent states from infringing on those rights. This is known as the Incorporation Doctrine, and the process of applying the Bill of Rights to the states is called “selective incorporation.” The rights conferred by the Constitution are not absolute, and the extent of protection afforded by the Constitution has varied over time depending on a variety of political considerations, including the composition of the Supreme Court. It is the Supreme Court that plays the major role, but not the only one, guaranteeing individual rights and liberties. Ultimately, the nature of the rights and liberties enjoyed by Americans is determined through the political process. Civil liberties are legal and constitutional protections against the government. Civil rights are policies that extend basic rights to groups that have, historically, been subject to discrimination. Americans have never fully come to terms with the concept of equality and the Equal Protection clause of the Fourteenth Amendment. With the abandonment of the “separate but equal” doctrine in 1954 and the rise of the Civil Rights and women’s movements, the federal government has leaned toward policies aimed at tearing down the barriers represented by racial and other forms of discrimination. These policies, however, continue to stir major controversies within society as illustrated by the continuing debate over affirmative action programs. Although considered apolitical, the federal judiciary plays a central and prominent policymaking role with the Congress and president. Many of the important issues facing Americans eventually find their way into the courts. The United States has a dual judicial system, with federal and state courts operating with their own personnel and jurisdiction. Each interprets and enforces its own constitution and laws. Overlap exists between the two levels, with the federal level able to declare state actions unconstitutional. The federal courts have the power of judicial review, declaring acts of Congress, the president, and the states unconstitutional. Federal judges are appointed by the president, must be confirmed by the Senate, and have lifetime appointments. Presidents overwhelmingly appoint judges who share their views on policy matters, causing judicial selection to be highly political. There are a variety of internal and external influences that go into the making of a judicial decision. Among the more important ones are personal ideology and socialization, views regarding the role of judges as policymakers (restraint or activism), public opinion, interest groups' amicus curiae briefs and sponsorship of "test" cases, and the structure and environment of our federal system. Judicial policies are not self-executing. A variety of public and private personnel are needed to implement judicial decisions in order to maximize their impact. Among the most important are Congress and the president, the state and federal bureaucracies (i.e. school boards and police), lower courts, business and private citizens, and interest groups. AP RELEASE FRQ’s COVERED IN UNIT VII 1. 2000: The Supreme Court is commonly thought to be “above politics.” However, one can argue that the appointment of Supreme Court justices is political. A. Identify three characteristics of Supreme Court nominees and discuss how each characteristic has been politically relevant during the appointment process. B. Identify two methods that have been used by interest groups to influence the appointment process. Explain how each of these methods has been used to influence that process. 2. 2001: Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the Constitution has become the single most important act in all of United States politics. A. Identify which provision of the 14th Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics. Brown v. Board of Education Baker v. Carr Regents of the University of California v. Bakke B. Identify which provision of the 14th Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics. Mapp v. Ohio Gideon v. Wainwright Miranda v. Arizona 3. 2002: Political institutions can present both obstacles and opportunities to racial minority groups in their efforts to gain political influence. A. Identify one feature of one of the following and explain how that feature has presented obstacles to racial minority groups in their efforts to achieve political goals. Federalism The United States political party system The United States electoral system B. Identify one feature of one of the following and explain how that feature might present opportunities to racial minority groups in their efforts to achieve political goals. Federalism The United States political party system The United States electoral system 4. 2005: The judicial branch is designed to be more independent of public opinion than are the legislature or the executive. Yet, the United States Supreme Court rarely deviates too far for too long from prevalent public opinion. A. Describe two ways in which the United States Supreme Court is insulated from public opinion. B. Explain how two factors work to keep the United States Supreme Court from deviating too far from public opinion. 5. 2005: Initially, the United States Constitution did little to protect citizens from actions of the states. In the twentieth century, the Supreme Court interpreted the Constitution to protect the rights of citizens from state governments in a process referred to as incorporation. A. Define selective incorporation. B. For two of the following, explain how each has been incorporated. Each of your explanations must be based on a specific and relevant Supreme Court decision. Rights of criminal defendants First Amendment Privacy rights 6. 2007: The First Amendment includes two clauses relating to the freedom of religion. A. Select one of the following cases and identify the First Amendment clause upon which the United States Supreme Court based its decision. Engel v. Vitale Lemon v. Kurtzman B. Describe the Supreme Court’s decision in the case you selected in A. C. Select one of the following cases and identify the First Amendment clause upon which the United States Supreme Court based its decision. Reynolds v. United States (polygamy) Oregon v. Smith (drug use in religious ceremonies) D. Describe the Supreme Court’s decision in the case you selected in C. E. Many of these decisions have caused controversy in the United States. Describe two ways in which other political institutions might limit the impact of Supreme Court decisions. 7. 2008: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” ~Fifteenth Amendment to the United States Constitution, 1870. Despite the ratification of the Fifteenth Amendment, voter turnout among African American citizens was very low throughout the first half of the twentieth century. Over the past 50 years, civil rights policies have changed substantially, along with a significant increase in African American voter turnout. A. Explain how two measures taken by some states prior to the 1960’s affects voter turnout among African American citizens. B. Facing discrimination at the voting booth, many African Americans turned to alternative forms of political participation. Describe two alternative forms of participation that helped bring about changes in civil rights policies. C. Choose one of the forms of participation you described in B and explain why it was effective in changing civil rights policies. 8. 2010: The framers of the Constitution created a political system based on limited government. The original Constitution and the Bill of Rights were intended to restrict the powers of the national government. Later constitutional developments also limited the powers of the state governments. A. Explain how each of the following two provisions in the Bill of Rights limits the power of the national government. Establishment clause Guarantee of a public trial B. Choose one of the following and explain how it limits the power of state governments. Citizenship clause of the Fourteenth Amendment Selective incorporation 9. 2011: The United States Supreme Court receives many appeals, but it hears and rules on a small percentage of cases each year. Numerous factors influence the actions of the Court, both in deciding to hear a case and in the decisions it hands down. A. Define judicial review. B. Explain how judicial review empowers the Supreme Court within the system of checks and balances. C. Describe the process through which the Court grants a writ of certiorari. D. Explain how each of the following influences decisions made by individual justices when deciding cases heard by the Court. Stare decisis Judicial activism 10. 2012: The judiciary branch is often assumed to be insulated from politics. However, politics affects many aspects of the judiciary. A. Describe two political factors that affect presidents’ decisions to appoint members of the federal judiciary. B. Identify two political factors that affect the confirmation process of a president’s nominees and explain how each factor complicates a confirmation C. Explain how one legislative power serves as a check on court decisions. D. Explain how one executive power serves as a check on court decisions.