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English (US)

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DQZWMKUnEIYOLSsgXBqQ

Study guide

United States of America

DEFAULT (US)

US Government and Civics

Unit 3 Notes

Constitution & bill of rights

Supreme court interpretations

Unit 3 3 TEXTBOOK NOTES
fed 78 and Judiciary Act of 1789 pg197
federalist no. 78: written by Hamilton that covers the judiciary, including the power of judicial review
Judiciary Act of 1789: legislative act that established the basic three-tiered structure of the federal
Court system
Vocab
Lbottom: federal district courts (at least one in each state)
L Second: circut courts (created to function as a trial court, one district judge and two supreme court justices)
• 1891 - became court of appeals (reviews findings of lower courts)
La final: Supreme Court of the United States (9 judges [1869])
Marbury v Madison pg 199
• Case in which the supreme court first asserted the power of judicial review by finding that part of the congressional
Statute extending the Courts original jurisdiction was unconstitutional
the
.
• John Marshall: longest-serving supreme court chief justice (1801-1835), his decision established "principal
of judicial review
•judicial review: power of the courts to review acts of other branches of gov, and the states
John Adams wanted to appoint Willam Marbury as the justice of peace in his last hours of ruling
Lo he also appointted many federalist judges
• When pur was transferred to Madison, he refused to turn over Marbury's commision
↳ ne filed a writ of mandamus (a legal motion) asking the supreme court for his commision
• Marbury had the right to his commision, but they could not force madision to give it to him
Structure of federal court pg 200
federal court system and judical systems of the 50 states
L> both three-tiered Systems
• bottom: trial courts (where legal action)
• middle: appellate courts (generally reviews only findings of law made by lower courts)
0
top: Constitutional (or Article III) courts (federal courts created by the U.S constitution or by Congress
pursuant to its authority in Article III, judges have lifetime terms, appointted by POTUS)
legislative courts: courts established by Congress for Specialized purposes, such as the court of appeals for
Veterans claims (judges have 15.
year renewable terms)
District courts are federal trial courts
Leach state has at least one
Brief, precedent, stare decrisis pg 203
• brief: a document containing the legal written arguments in a case filed with a court by a party prior to a hearing
or trial
●
• precedent: a prior judicial decision that serves as a rule for setting subsequent cases of a similar nature
• Stare decrisis: a reliance on past decisions or precedents to formulate decisions in new cases
How the Supreme Court Makes Decisions pg209
Only 75-80 cases are heard each year, some cases can be decided without oral arguments
• Writ of certiorari: a request for the supreme court to order up the records from a lower court to review
the case • the supreme court controls its own caseload through the cetiorari process, deciding which cases
to hear and which cases to reject
• all petitions or writ of cetiorari, must meet two criteria:
L> must come from a U.S court of appeals, court of military appeals, district court, or state court
L> must involve a federal question (present questions of federal constitutional law or involve a federal
Statue, action, or treaty)
Rule of Four Pg 211
• rule of four: at least four justices of the supreme court must
Vote to consider a case before it can be heard
Amicus Curiae pg
212
may
amicus Curiae: "friend of the court"; amici. file briefs
or even appear to argue their interests orally before the court
100 million cases
←
fed courts
.
.
Concurring & Dissenting Opinion s pg 215
Concurring opinion: judical opinion issued by a minority of
judges on a court who agree with the outcome of a case, but wishes
to express different legal reasoning
• dissenting opinion: judicial opinion issued by a minority of judges on a
court who disagree with the outcome of a case and wish to
explain their legal reasoning
• indicators of legal thought
State courts
application or writ of certioriai
I
Cert pool (clerks help justices Choose)
I
justices decide in conference (role of 4)
original jurisdiction I
United States Supreme Court docket
(State 33% & fed 66%)
I
briefs submitted by both sides;
amicus curiae briefs
filed
Judicial Restraint & Activism pg 216
judicial restraint: a philosophy of judicial decision making that
Posits Courts Should allow the decisions of other branches of gov. to stand,
even when they offend a judges own principles
• judicial activism: a philosophy of judicial decision making that postits judges should use their power broadly to
further justice (roe u wade)
Strict constructionist: emphasizes interpreting the constitution as it was originally intended by the framers
I
oral argument
I
supreme court justices conference
- cases discussed
- votes taken
I
opinions drafted and circulated for comment
I
final opinion
Civil liberties pg 63 (ch4)
• Civil liberties: personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial
interpretation
• in contrast, Civil rights: the government - protected rights of individuals aganist arbitary or discriminatory treatment
by governments or individuals
Bill of rights, 9th & 10th amendment, 14th amendment, due process clause pg 65
• bill of rights: first ten amendments in the constitution; specific rights and liberties
• Ninth amendment: makes it clear that enumerating rights in the const. or Bill of Rights does not mean that others do not
exist
tenth amendment: defines the basic principle of american federalism in stating that the purs not delegated to the national gov.
are reserved to the states or to the people
fourteenth amendment: 1/3 major amendments made after the civil war; extending "equal protection of the law" to all
citizens Selective Incorporation pg66
• Selective incorporation: a judical doctrine where by most, but not all, protections found in the bill of rights are made
applicable to the states via the 14th amendment
1st amendment: establishment clause, free exercise clause pg 67
first amendment: part of the bill of rights that imposes a number of restrictions on the federal
respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.
• establishment clause: first clause in the 1st amendment, it doesn't allow the national gov. to sanction an official
religion.
• free exercise clause: Second clause of the 1st amendment, prohibits the you from interferring with a citizens right
to practice his/her religion
●
.
.
.
due process clause: Clause contained in the 4th and 5th amendments; over the years, it has been constructed to
guarntee a variety of rights to individuals
•
.
.
Lemon test pg 68
lemon test: 3-part test created by the supreme court for examining the constitutionality of religious
establishment issues.
Ly constitutional if:
has a legitimate or secular purpose
neither advances nor inhibits religion
does not foster an excessive gov. entanglement with religion
gov.
Slander, libel, fighting words pg 74
• Slander: untrue spoken statements that defame the character of
a
libel: false written statement that defames a persons character
fighting words: "by their very utterance inflict injury or tend to incite an immediate breach of
peace"
18th amendment, ex post facto, bill of attainder,
4th
amendment
pg77
18th amendment: 1913 amendment that banned alcoholic beverages worldwide.
• ex post facto: low that makes an act punishable as a crime even if the action was legal at the time it
was committed
• bill of attainder: a law declaring an act illegal without a judicial trial
4th amendment: bill of rights, protects people from unreasonable searches and seizures of their persons,
houses, papers, and effects w/o a
other guarantees.
warrant from a judge among
with
Prior Restraint pg 70
prior restraint: Constitutional doctrine that prevents the gov. from prohibiting speech or publication before the
fact; violation of 1st amendment
Clear & Present danger test, NY times us US, Symbolic Speech pg 71
clear and present danger test: test by the supreme court in Schenck v. U.S (1919) to draw the line between
protected and unprotected speech; looks to see if the words used could create a clear & present danger
New York Times Co. v. U.S. (1971): ruled that the gov. could not block the publication of Secret Department of
Defense documents illegally furnished to the Times by anti-war activists (pentagon papers case)
Symbolic Speech: Symbols, signs, & other methods of expression generally considered to be protected by the
1st amendment
person +
Grand Jury pg 78
grand jury: a group of citizens charged with determining whether enough evidence exists for a case to
go to trial. guaranteed by the 5th amendment.
Miranda v Arizona, double jepordary, exclusionary rule pg 79
Miranda v Arizona (1966): 5th amendment, individuals arrested for a crime have to be advised of their
right to remain silent and have counsel present
•
double jeoporady clause: 5th amendment protects individuals from being tried twice for the same
offense in the Same jurisdiction
.
exclusionary rule: judicially created rule that prohibits police from using illegally seized evidence
at trial
Roe v Wade (1973)
fg
• roe u wade: womans right to an abortion was protected by the right to
from the BoR applied to the states through the 14th amendment
Right to privacy pg 84
right to privacy: judicially created principle encompassing a variety of individual actions protected by the
Penumbras cast by several constitutional amendments, including the 1st, 3rd 4th, 9th, and 14th, amendments
Equal Protection Clause pg 92
• equal protection clause: part of the 14th amendment that guarantees that all citizens recieve
protection of the laws"
84
privacy that could be implied.
Dred Scott pg 94
• dred scott v. Sandford (1857): ruled that the missouri compromise inconstitutional and denied citizenship
rights to enslaved african americans. Dred Scott heightened tensions between the pro-slavery South and
the abolitionist North in the run up to the Civil War.
equal
13th
and 14th amendments pg95
18th amendment: bans slavery in the United States; one of three major amendments ratified after the
Civil War
prohibits fed. gov.
14th amendment: guarantees equal protection and due process of the law to all U.S citizens; one of the
three major amendments ratified after the civil war
15th amendment pg96.
15th amendment: enfranchised newly freed slaves; one of the major three amendments ratified after the Civil
War
from
denging a citizens right to vote
Separate but equal doctrine, NAACP pg 98
Separate-but- equal doctrine: the central tenet of the Plessy V. Ferguson decision that claimed that
Separate accomodations for blacks and Whites did not violate the Constitution. This doctrine was used by
Southern states to pass widespread discriminatory legislation at the end of the 19th century.
National Association for the advancement of colored people (NAACP): an important rights organization Brown v. Board pg 102
• Brown v. Board of education (1954): U.S Supreme Court decision holding that school segregation is inherently
unconstitutional because it violates the 14th amendment's guarantee of equal protection of the law.
L integrated schools, many families came together and argued that the equal protection clause (14th)
made Plessy's separate-but-equal doctrine inconstitutional
founded in 1909 to oppose segregation, racism, and voting rights violations targeted aganist African
Americans.
Civil Rights Act 1964 pg 105
• Civil rights act 1964: wide-ranging legislation passed by Congress to outlaw segregation in public facilities
and discrimination in employment, education, and voting; created the equal employment opportunity Commision
.
19th amendment pg 99
19th amendment: passed in 1920 that guaranteened women the right to vote
NOW pg 106
• National Organization for Women (NOW): the leading activist group of the womens rights movement, especially
in the 1960s and 1970s.
.
.
Title IX pal07
title IX provision of the education amendments of 1972 that bars educational institutions that recieve
federal funds from discriminating aganist female students
ADA pg 114
Americans with Disabilities Act (ADA): a law enacted by congress in 1990 designed to guarantee
accmodations and access for people with a wide range of disablities
Affirmative Action
рд
affirmative action: policies designed to give special attention or compensatory treatment to members of a
previously disadvantaged group
116

Unit 3 Notes

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Unit 3 Notes

Can't find what you're looking for? Explore other subjects.

Knowunity is the # 1 ranked education app in five European countries

Knowunity was a featured story by Apple and has consistently topped the app store charts within the education category in Germany, Italy, Poland, Switzerland and United Kingdom. Join Knowunity today and help millions of students around the world.

4.9+

13 M

#1

950 K+

Still not sure? Look at what your fellow peers are saying...

I love this app so much [...] I recommend Knowunity to everyone!!! I went from a C to an A with it :D

The application is very simple and well designed. So far I have found what I was looking for :D

Love this App ❤️, I use it basically all the time whenever I'm studying