Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp

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1 Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp Purpose: This guide is not only a place to record notes as you read, but also to provide a place and structure for reflections and analysis using your noggin (thinking skills) with new knowledge gained from the reading. Mastery of the course and AP exam await all who choose to process the information as they read/receive. Directions: 1. Pre-Read: Read the prompts/questions within this guide before you read the chapter. 2. Skim: Flip through the chapter and note titles and subtitles. Look at images and read captions. Get a feel for the content you are about to read. 3. Read/Analyze: Read the chapter. Remember, the goal is not to fish for a specific answer(s) to reading guide questions, but to consider questions in order to critically understand what you read! 4. Write: Write your notes and analysis in the spaces. Enduring Understandings (EU s): Foundations of American Democracy: CON-3: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch. CON-4: The presidency has been enhanced beyond its expressed constitutional powers. CON-5:: The design of the judicial branch protests the court s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice. PMI-2: The federal bureaucracy is a powerful institution implementing federal policies with sometimes questionable accountability. Essential Question: How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? Pg. 189 What has helped shape the Judiciary over the years? What do state courts handle and what do federal courts handle? Constitutional Authority of the Federal Courts pg Fill in the chart U.S. Circuit Courts of Appeals Highest Tier Lowest Tier How are the judges for the above courts selected? How long are their terms? 1

2 What did Federalist 80 aruge? Bonus: Who wrote Federalist 80? If you don t know...now you know What does Article III establish? How does Article III provide independence for judges? Can judges be removed from office? If so, how? Define original jurisdiction: Define appellate jurisdiction: What is treason? Why is the right to a jury trial a priority for the framers? 2

3 Federalist No. 78 is a Foundational Document for AP Government. Summarize Hamilton s claims. Why does Hamilton support life terms? What did the Judiciary Act of 1789 define? Three level system: pg Fill in the chart on page

4 Define plaintiff: Define defendant: What are some federal crimes that would be tried in a U.S. district courts? Why are these crimes tried in a U.S. district court? Define plea bargain: How does a U.S. attorney get their job? What is a tort? How would a U.S. court have jurisdiction in a civil case? 4

5 Define class action lawsuit: Click on the link to read the article: Based on the article, where did the money go? What was Chief Justice Roberts question/complaint? What did Justice Kavanaugh say regarding payment? Define injunction: Can a U.S. citizen sue the government? How does one go about doing that? What are some of the unique courts Congress has created? 5

6 How are appellate courts influential? Define certiorari: What is the purpose of the appellate courts? Define petitioner: Define respondent: How many geographic circuits are there for U.S. Appellate Courts? What is the second most important court in the land and why are they second to the U.S. Supreme Court? What percentage of cases does the U.S. Supreme Court take? Define common law: 6

7 Define precedent: What is stare decisis? Define binding precedent: Define persuasive precedent: Define: judicial review: How did the Supreme Court change from John Jay in 1795 to John Marshall? Marbury vs. Madison (1803) is a Must-Know Supreme Court Case What is the constitutional question before the court? Facts: What is the controversy in the Marbury v. Madison case? 7

8 Explain the Court s reasoning from the majority opinion Explain how the ruling in Marbury relates to the U.S. Constitution. Explain how the ruling in Marbury relates to Federalist No. 78. What has happened in the Supreme Court since Marbury? An Evolving Court pg How did the court address the issue of slavery under Chief Justice Taney? In the late 1800 s, how did the Supreme Court shape social policy? Was the Supreme Court in line with what Congress was doing, why or why not? 8

9 How did the court rule in Lochner v. New York (1905) Define strict constructionist: Define liberal constructionist: How did the Courts rule on Roosevelt s New Deal programs in the beginning and at the end? What caused the switch? How did the Supreme Court deal with individual liberties? Briefly summarize the 4 four major court cases under the Warren Court. (We will get into them more later). 9

10 What was the big case decided under the Burger Court? What is the diversity of the Supreme Court today? Do you think it matched the diversity in America, why or why not? Define swing votes: Look at the chart on page 206. Which justice just retired and who replaced him? Fill in the chart to add the new justice. You will need to look up some of the details. Current Justices President Senate vote Prior Job Law School Continuity and Change Over Time pg What are the two controversial rulings that widened the partisan gap of the Supreme Court? Is stare decisis always the best policy when dealing with Constitutional issues? 10

11 Define judicial activism: Describe the two cases in which we see judicial activism being used. Define judicial self-restraint: What does it mean to legislate from the bench? How Cases Reach the Supreme Court pg Where does the U.S. Supreme Court take it s cases from? Define petition for certiorari: Define rule of four: Define writ of certiorari: 11

12 Define majority opinion and what does it sum up? Define concurring opinion: Define dissenting opinion: How many law clerks does each justice employ and what is their background? Interactions with Other Branches of Government: How do Congress and the president interact with the judiciary? Write the BIG IDEA: How many judgeships might a president appoint of his four/eight years in office? Once on the bench are justices expected to follow the president s philosophy? Provide an example. 12

13 What is the Senate s advice and consent role? Define litmus test: What is senatorial courtesy and how does it impact the appointment of justices process? How does it show interactions between the three branches? Has everyone nominated by the president been confirmed to the Supreme Court? What role does interest groups (a linkage institution) play in the nomination process? What does it mean to get Borked? 13

14 What similarities do you see between Robert Bork s confirmation hearing and Justice Brett Kavanaugh's hearings? Why was Clarence Thomas also not confirmed to the Supreme Court? What is the nuclear option? How has that changed the Senate even today? Judge Merrick Garland appears to be qualified to be a Supreme Court justice when nominated by President Obama. How did politics play a role in Judge Garland not getting confirmed? Was it constitutional? What are suggestions to reform our judicial confirmation? Do you agree or disagree and why? How do the executive and legislative influence the court s power on pg

15 What is the role of the justice department? Define solicitor general: Define amicus curiae brief: Who has been impeached as a judge and for what reason? How does Congress exercise oversight? What are the 4 courts with special jurisdiction? How does one define jurisdiction? What is court-stripping? 15

16 How does Congress legislate unfavorable decisions? Explain two examples in the book. How does Congress control implementation of a judicial ruling? Reflection of Essential Question How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? Interactions with the Executive Branch Interactions with the Legislative Branch 16

Chapter 6: The Judicial Branch

Chapter 6: The Judicial Branch Essential Question How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? p. 189 U.S. District