COURT STRUCTURE

1. COURT STRUCTURE

2. 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

3. 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

4. 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

5. 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.

6. 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

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

8. 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

9. 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.

10. 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)

11. 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

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

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

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

15. 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)

16. 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

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

18. 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

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

20. 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

21. 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)

22. 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.

23. 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

24. 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

25. 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

26. 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

27. 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)

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

29. 14TH & INCORP

30. 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

31. What clause of the 14th 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)

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

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

34. What court ruling was the 14th 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)

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

36. 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 1960s? • Asian Americans, Native Americans, Hispanic Americans, elderly Americans, LGBT Americans

37. 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

38. 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

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

40. 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

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

42. 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

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

44. BILL OF RIGHTS

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

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

47. 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

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

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

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