Download AP Gov`t Unit 7 – The Judicial Branch Handout

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!
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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
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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
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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)
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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.”
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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.
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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.
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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.
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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.
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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.
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The federal courts have the power of judicial review, declaring acts of Congress, the president, and the states
unconstitutional.
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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.
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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.
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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.
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Brown v. Board of Education
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Baker v. Carr
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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.
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Mapp v. Ohio
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Gideon v. Wainwright
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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.
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Federalism
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The United States political party system
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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.
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Federalism
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The United States political party system
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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.
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Rights of criminal defendants
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First Amendment
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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.
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Engel v. Vitale
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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.
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Reynolds v. United States (polygamy)
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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.
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Establishment clause
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Guarantee of a public trial
B. Choose one of the following and explain how it limits the power of state governments.
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Citizenship clause of the Fourteenth Amendment
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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.
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Stare decisis
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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.