COURT STRUCTURE How likely is the Supreme Court

COURT STRUCTURE

How likely is the Supreme Court to hear a case that is being appealed from a lower court? Not very likely, the SC only hears roughly 1% of all appealed cases

What decision by the Marshall court established a precedent for judicial review? What is judicial review? Marbury v. Madison; the power to declares laws or other acts of the government unconstitutional

What is original jurisdiction? appellate jurisdiction? original means that you’re the first court to hear the case, appellate means that you’ll hear the case if it is appealed

Who has the ultimate appellate jurisdiction? What does this mean? the Supreme Court; SCOTUS has the final word on any case previously heard in any court anywhere in the U. S.

Who sets the # of justices on the Supreme Court? How many justices are there? How long can each justice serve (& why is their term important)? Congress, 9, life – important because it gives them independence from political forces/influence

Who has the power to set up lower courts? What are these courts usually called? Congress; Federal district or circuit courts

Are courts democratic institutions? How can public influence courts? No, but interest groups try to influence decisions and politicians run based on kind of judges they will appoint

Identify two types of cases that would get heard in a U. S. District Court Federal crime, civil suit under federal law, large civil case between citizens of different states, cases involving federal agencies, etc.

What is the significance of stare decisis? Means “let the decision stand” & forms basis for why courts will honor precedents (and will be reluctant to overturn them)

What is the most common way for interest groups to lobby the courts? Amicus curiae briefs, which groups file to try and convince the courts to hear a case – or sway a ruling in their favor

In regards to the Bill of Rights, the “wall of separation” refers to The separation between church and state

SC nominations must be approved by a ______ of the _____. Simple majority, Senate

Federal judges serve life terms, what is the only way they can be removed from office against their will? impeachment and conviction by Congress

What kinds of things do Presidents review when choosing federal judges (especially SC justices)? Past political activities and their experiences on the bench (their judicial record)

When the Senate is controlled by the party opposing the President, what are some common things that happen in the judicial approval process? Senate will delay confirmation of lower court judges in exchange to try to gain leverage on other issues; nominees will be more closely scrutinized and are usually more moderate

What is senatorial courtesy? The President will check with a senator before nominating someone to a lower court from their home state

What is the usual method used when someone is appealing a case to the SC? How often are these granted by the SC? petition for a writ of certiorari (has to be accepted by 4 justices); less than 5% of the time

Which legal philosophy advocates interpretation based on a reasonable application of the text of the law? textualism

Which legal philosophy/practice allows judges to imply broad powers and make major societal changes from the bench? What is the opposite of this? Judicial Activism, Judicial Restraint

Name two well known decisions considered to be judicial activism. Brown v. Board of Education, Roe v. Wade, Citizens United, Obergfell v. Hodges (same sex marriage)

What is nationalization? It means that citizens who believe that a state or local authority has denied them their basic rights and may take their case to federal court.

How does a loose constructionist view the powers of the government? What is the opposing view? Government has more powers than those specifically listed ion Constitution; strict constructionist view believes gov’t is limited to what’s specifically listed

What decision affirmed the SCOTUS’s power of judicial review? How is this a check over the other branches? Marbury v. Madison; gives courts power to declare executive or legislative acts unconstitutional

How can Congress respond to a SCOTUS ruling that throws out a law for being vague or unclear? Pass a new law that more clearly identifies the intent of the legislation

What is Congress’ primary remaining option when SCOTUS continues to rule that a law/policy is unconstitutional? Start (and push for) a constitutional amendment that makes the policy constitutional

What are 3 -4 key powers of the federal courts that allow them to shape public policy? Interpret existing law, Interpret the United States Constitution, Extend the reach of existing law, Impose mandated remedies (e. g. stays and injunctions)

What did the Supreme Court establish in Mc. Culloch v. Maryland? States cannot interfere with or tax the legitimate activities of the federal government

TH 14 & INCORP

What is the key distinction between civil liberties and civil rights? Civil liberties are the freedoms granted in the bill of rights, Civil Rights are the protections of your equal standing/status

th 14 What clause of the Amendment has been used to incorporate the Bill of Rights? Has incorporation been selective or total? Due Process clause Selective (not all aspects of B of R are incorporated)

What did incorporation (based on 14 th amendment) do to the Bill of Rights? Extended Bill of Rights to protect individuals from all levels of government (federal, state, local)

What significance did Barron v. Baltimore have? It indicated that the first ten amendments did not apply to state governments (upheld throughout 1800 s – started changing after th 14 amendment)

th 14 What court ruling was the Amendment in response to? What did the Amendment do? Dred Scott v. Sanford; guaranteed citizenship rights to all citizens (offering both equal protection and due process)

The Roe v. Wade decision that essentially legalizes abortion is based on what? The right to privacy implied in the Bill of th th Rights (4 amendment) and 14 amendment (equal protection)

What are three other groups that have sought to make civil rights gains over the last 40 -50 years under the civil rights protections that came about in the 1960 s? Asian Americans, Native Americans, Hispanic Americans, elderly Americans, LGBT Americans

Identify three areas in which women have pursued equality beyond the right to vote. Equal pay and treatment in the workplace, protection from sexual harassment, expanded roles in the military

What law has done the most to extend protection for people with disabilities? What is the most controversial ongoing issue with disabled persons? Americans with Disabilities Act, the definition of who qualifies as a disabled person

What SC decision made segregation legal? Based on what doctrine? Plessy v. Ferguson; separate but equal

What 1954 decision overturned Plessy on the basis that separate cannot be equal? What was its impact? Brown v. the Board; single most important act that kicked the Civil Rights Movement into high gear

How did Lawrence v. Texas broaden protections for LGBT individuals? It ruled that laws banning specific consensual sexual activities violated the Due Process clause

What did Buckley v. Valeo rule on campaign finance? How did Citizens United extend the ruling? Buckley: you can donate as much as you want to your own campaign, because $$$=speech; Citizens essentially lifted all limits on donations to PACs for same reason

What law was designed to specifically enforce the intent of the 15 th Amendment? What has been its legacy? Voting Rights Act of 1965; greatly increased voters from all ethnic minority groups

BILL OF RIGHTS

What was the Bill of Rights originally intended for? To protect citizens against the actions of the federal government

The five basic provisions of the first amendment are: Freedom of Religion, Assembly, Press, Petition & Speech RAPPS

What are two parts of the Lemon Test on state aid to parochial schools? aid must have a clear secular purpose, must neither advance nor inhibit religion, must avoid excessive entanglement with religion

What was the key outcome of the Engel v. Vitale decision? Schools could not encourage prayer, even if the prayer was nondenominational

What is the current decision on mandatory school prayer? it’s illegal (violates establishment clause)

When can religious practices be limited? when they violate criminal laws

What are the two clauses of the 1 st Amendment regarding religion? The establishment (no laws regarding the establishment of religion) and free exercise (no interference with practice) clauses

How has the court ruled on compulsory patriotism in regards to religion? people cannot be compelled to participate in patriotic acts that violate their religious beliefs

How has the court ruled on the banning of teaching evolution? Not OK to ban it (Epperson v. Arkansas) also can’t require teaching of Biblical creation

How have many states allowed for the possibility of prayer at schools without running afoul of the Supreme Court? “Moment of Silence” Laws

What law allows for student religious groups to hold meetings and functions at public schools? Equal Access Act (1984 – ruled constitutional by SC in 1990)

How has the court ruled on religious practices that violate laws related to public safety and morality? Court upholds these laws (on cases like polygamy, drug use, etc. )

What is defamatory speech? Is it protected st by the 1 amendment? speech that damages another person’s good name or character, not protected

During what war did the SC strongly limit freedom of speech? What case tested the constitutionality of this? World War I; Schenck vs. U. S. Court ruled Not OK for Schenck to encourage draftees to obstruct the war effort during WWI (in violation of clear and present danger test)

Why are demonstrations subject to greater gov’t regulation than other forms of speech? Potential for conflict between demonstrators & others; or interference with others trying to use public streets/spaces

What are the two general categories of speech, according to the SC? Pure speech (actual spoken words) & symbolic speech (burning draft cards, wearing arm bands in protest, slogans on clothing, burning flag, etc. )

What are two of the major guidelines the SC uses in freedom of speech cases? clear and present danger test, bad tendency doctrine, and preferred position doctrine

How did Gitlow v. New York clarify the bad tendency doctrine? Speech can be restricted even if it had only a tendency to lead to illegal action

What did New Jersey v. TLO say about search and seizure in schools? schools can search you for a lesser reason than the police can (to maintain safety in schools)

What is the most current SC interpretation of the death penalty? It is legal, and not cruel and unusual punishment (not all states use it)

What Warren Court decision basically required law enforcement officials to inform suspects of their rights as the accused? Miranda v. Arizona, 1966

What rule prevents the introduction of evidence seized illegally? What decision reinforced this? Exclusionary rule; Mapp v. Ohio

How has the SC ruled on various sedition laws over time? At first you could be convicted for advocating action against government, over time definition has narrowed

What is defamatory speech? Is it protected? Speech that damages a person’s good name or reputation - can be spoken (slander) or printed (libel); not protected

How much control do school officials have over their students’ right to free speech? Identify one case that deals with this. School officials have a great deal of control over student speech; Tinker v. Des Moines, Bethel School District v. Fraiser, Hazelwood SD v. Kuhlmeier

What is the name for censorship of information before it is published? When is this allowed in the U. S. ? prior restraint, only allowed when national security is threatened

What important prior restraint decision came out of the Pentagon papers? What was the outcome? New York Times v. United States; Times was allowed to print Pentagon papers

What are two steps judges can take to try and assure that a free press doesn’t infringe on the right to a fair trial? change venue for trial, limit number of reporters, sequestering jury, isolating witnesses and jury members

Under what circumstances can a judge ban the press from a pretrial hearing? when the suppression of evidence is being discussed

According to the SC, do reporters have the right to refuse to reveal sources or evidence? They do not, but the SC allows for special exemptions for this from Congress or the states (30 states have shield laws that protect reporters)

Has the SC allowed the Federal Communications Commission (FCC) to censor the press? no, but they can require certain standards for certain types of broadcasting

Are email and the internet more or less restricted than broadcast media? Why? less, because they are viewed as print media and accorded the same freedoms as newspapers & magazines

The right to parade and demonstrate in public is protected by which freedom? What do local governments usually require for these activities? Assembly; a permit

Why are demonstrations subject to greater gov’t regulation than other forms of speech? Potential for conflict between demonstrators & others; or interference with others trying to use public streets/spaces

Does the right to Assembly allow a group to convert private property to its own use? Around what kind of facility has this been an issue in recent years? No, it does not; private abortion clinics being picketed by pro-life protestors

What is the heckler’s veto? What 1977 incident in Skokie, IL, clearly demonstrated this? When public opinion against an unpopular group keeps it from demonstrating, the Nazis wanted to march in Skokie – a largely Jewish suburb of Chicago

What did Feiner v. New York give the police the right to do? Disperse a group of demonstrators in the interest of keeping the peace

How has the court handled the issue of labor picketing? It is allowed, but can be more tightly regulated because it has consequences greater than other forms of free speech

How does the clear and present doctrine apply to freedom of association? Government can prevent people from forming/joining groups deemed to be subversive

What percentage of cases requested for review by the Supreme Court are actually ruled on by the Court? Less than five percent

Identify three major precedents established by the Warren Court. End to school segregation, greater protections for those accused of crimes, end malapportionment of districts (one person one vote), extend 1 st amendment rights

Identify two key legal developments under the Burger Court. School busing decisions, US v. Nixon, Roe v. Wade

What is the name for the government’s ability to take property from its citizens (with fair compensation) for public use? What parts of the constitution is this practice is most closely connected to? th 5 th 14 Eminent domain, and amendments (due process rights)