APGOPO Unit 5 Study Guide A3

Transcription

1 Due: November 30 th (A-day) & December 1 st (B-day) Part 1: Vocab Write a thorough, clear definition in your own words AND explain the significance of the term to get full credit. 1. standing to sue Standing to sue is the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government. requires that the controversy at issue be justiciable controversy, something that is real and substantial, as opposed to hypothetical or academic; a court will not give advisory opinions on hypothetical questions. 2. original jurisdiction Original jurisdiction is a court's power to review a case before an appellate review. This is important because a case may be heard directly by the Supreme court first. 3. appellate jurisdiction The jurisdiction of courts that hears cases from an appeal of a lower court. Jurisdiction courts are only concerned with the legality of the issue, not the factual record. Since nearly every decision by the higher courts in states is challenged by aggrieved parties in the Supreme Court, the Supreme Court is able to pick and choose which cases deserve to be heard. 4. district courts District courts are the lowest level out of all the federal courts. This is usually where trials begin and are very common throughout the country. For example, both civil and criminal cases are filed in the district court, which is a court of law and equity. The significance of the district courts are to provide the opportunity for matters of federal law to be decided closer to the location of the matter at hand than would occur if a case were sent back to a single court. If more cases were sent to a single court in D.C. it would cause too much chaos in the federal system 5. courts of appeal This is a court where appeals can be heard in a federal or state level. They are also called appellate courts and are part of the design of due process. The importance of this is that if a person was unsatisfied with the original court jurisdiction they can take it to an appellate court. 6. Supreme Court The highest court in America that sets precedent to the laws of the land. It sets examples to lower courts in how it should decide on a particular or similar case. There are nine justices who will resolve cases that may be between citizens, businesses, agencies, and/or states. The Supreme Court also serves as a check and balance to the executive and legislative branch by determining their actions constitutional.

2 7. senatorial courtesy An unwritten custom in which nominations to a state-level federal judicial post are approved on the grounds that no senators from the appointee's state disapprove. This tradition was started under George Washington's presidency and continues to this day. This tradition also gives a large amount of power regarding presidential appointments which causes presidents to often check their nominations with senators prior to announcing them. 8. opinion (majority and dissenting) A majority opinion in legal terms is an opinion agreed upon by more than half of the members of the court. It lays down the decision of the court and the rationale behind the decision. A dissenting opinion is an expressed disagreement with the majority opinion of the court, both with the resolution and reasoning of a case. They're written by one or more members of the court but aren't binding on lower courts. 9. stare decisis Stare decisis is when a lower court wants the Supreme Court to hear a case they made a decision for and the Supreme Courts stands with the decision that the lower court made. In Latin it means, "Let the decision stand". 10. Precedent The way court cases were handled in the past which determine how future cases will be decided. Higher courts tend to set the precedent that lower are expected to follow. This means that lower courts tend to have less discretion than high courts, such as a the Supreme Court. 11. original intent Original intent is a belief that the Constitution should be interpreted the same way the original framers intended it to be. This can often be referred as a strict interpretation of the Constitution, where there is limited room for loose interpretation and bending of laws. 12. judicial implementation Although the courts can make decisions, they rely on the other branches of government to implement those policies. It is a way of limiting judicial power. 13. judicial review Judicial review is the power of a court to question the constitutionality of laws or acts of a government or a government official. This allows the branches to apply checks and balances to another branch's power. 14. judicial restraint

3 Judicial restrains is a theory that encourages judges to limit their own power. It states that judges should think twice before striking down laws unless they are very unconstitutional. 15. judicial activism Judicial activism involves judges making bold policy decisions. This is important as the judicial branch is shown taking a stand in the policymaking process, rather than just the legislative branch. This political philosophy exemplifies the need for the courts to take a more proactive role in finding solutions to political problems, as well as acting as a guardian to the people. 16. civil liberties Civil liberties are freedoms you have to think and act without government interference or fear of unfair legal treatment. They are formally set down in the Bill of Rights, and also defined in the courts, police, and legislatures. Civil liberties are important because they guard the rights and freedom of United States citizens. 17. incorporation doctrine This document applied the Bill of Rights (the first ten amendments of the U.S. Constitution) to the states, as it only applied to the federal government by due process, guaranteed by the Fourteenth Amendment. Although not all the amendments are incorporated, the doctrine covers most legal concepts, especially those argued in court. 18. Establishment Clause The Establishment Clause is part of the First Amendment s statement on religious freedom. This clause keeps the United States government from establishing a national religion, or from making laws that favor one religion over another. It allows Americans to claim any religion of their choosing. 19. Free Exercise Clause The Free Exercise Clause is the second clause of the first amendment. It states that the U.S. government cannot interfere with every citizen's right to practice any religion. Citizens are allowed to practice their faith and no law is allowed to prohibit it. 20. prior restraint Prior restraint is a form of government censorship that is generally found unconstitutional. Basically, the government stops one from publishing something before they even write it. It is the biggest infringement of the 1 st amendment. 21. libel

4 Libel is intentionally publishing false information about someone with the intent to harm them or their reputation. 22. symbolic speech Nonverbal communication, like the burning of a flag or wearing an armband. 23. commercial speech Commercial speech is communication in the form of advertising. The words in commercial speech are far more restricted by the government than any other freedom expressed in the Constitution. Even though the courts are trying to broaden the protection of commercial speech under the first amendment, commissions such as the FTC are heavily regulating the advertisements to prevent any false claims and to make sure that they are selling the "truth" of their product. 24. exclusionary rule The exclusionary rule states that evidence that has been obtained illegally and in violation of the constitution cannot be used in court. This rule prevents officers from going against the 14th amendment and conducting illegal searches. 25. self-incrimination A situation where a person accused of a crime is forced to incriminate themselves (admit to committing it) in court. This is forbidden by the fifth amendment. 26. plea bargaining A practice in which a defendant might plead guilty to the crime they are accused of in return for reduced sentence or other form of slightly lessened punishment by a judge. With the justice system's lack of total resources for a complete trail for every defendant, this is considered practical and even necessary. 27. civil rights Civil Rights are freedoms or policies that defend individuals and groups from prejudiced, biased, or inconsistent treatment by government authorities. Civil rights are incredibly significant because they help protect often marginalized or oppressed people from unfair persecution by the government or its citizens and have been invoked to prevent the further abuse of minorities, women, LGBT+ community members, and other oppressed groups on many levels. 28. equal protection of the laws 29. Civil Rights Act of 1964

5 The Civil Rights Act of 1964 was a law that prohibited racial discrimination in hotels, motels, restaurants, and other public places. Under this act, federal aid was withheld from segregated schools. This caused southern schools to integrate. This act also led to other reformations such as the creation of the Equal Employment Opportunity Commission and the strengthening of voting rights legislation. 30. white primary A white primary was one of the means used to discourage African American voting which permitted political parties in the democratic south to exclude African Americans from primary elections, which took away their political voice. The Supreme Court declared white primaries unconstitutional in Voting Rights Act of 1965 Signed into effect by Lyndon B. Johnson, this act removed certain barriers, like literacy tests, that kept African Americans from being able to vote. 32. Americans with Disabilities Act of 1990 A law that was passed in 1990 that requires employers and public facilities to provide accommodations for people with disabilities while also prohibiting discrimination towards them due to their disability. This act is significant because it protects the rights of people with disabilities by not only providing them with the ability to be employed, but it also allows them access to public transportation and guarantees them access to places like restaurants, stores, and hotels that accommodate them. 33. affirmative action Affirmative Action are certain programs used to help minorities such as different ethnic groups and women achieve access to jobs and opportunities that are not easily accessible to them. The purpose in Affirmative action is to create diversity in the work-space, schools, and neighborhoods. Also for the minority groups to feel like they are treated as equals. Part 2: Constitutional Amendments Summarize the key points of the amendment in question. Do not write out the amendment word for word. Instead, use key phrases that will help the class study and recall the most important parts. Amendment: Key Points: 1 st Protects basic citizen rights from bill of rights. (Free speech, press, assembly, petition, and religion.) 2 nd Citizens have the right to possess guns. 3 rd Soldiers are not allowed to quarter in a citizen's home without the citizen's permission. 4 th Prohibits unreasonable seizures and searches. Requires any search warrants to be acquired judicially with probable cause.

6 5 th Citizens can't be tried for the same crime twice. Citizens also can't be called as witnesses against themselves. This would keep a potentially tyrannical government from abusing the judicial system to put certain people in prison. 6 th Sets the rights for criminal prosecutions and the procedure for criminal court cases. It states that the accused has the right to a speedy and public trial, to know why they're being accused, to be able to choose witnesses in their favor, to have counsel assistance, and to be confronted with the witnesses going against them. 7 th (Civil rights in civil suits) -This amendment guarantees a jury trial for civil cases. These are non-criminal cases with a dispute between private parties. 8 th Prevents the government from inflicting cruel and unusual punishment and from imposing excessive bail or fines. 9 th States that there are multiple rights that may exist aside from the ones already mentioned, and that even though not all of them are listed, it does not mean they can be violated. 10 th All powers not stated in the Constitution are reserved for the states. 13 th The 13th amendment officially abolished slavery in the United States. This was ratified by President Lincoln after the Civil War. With the abolishment of slavery, African Americans no longer had to worry about being owned by a slave owner again. This also paved the way to more political opportunities for previous slaves, such as the right to vote. 14 th All people born or naturalized in the United States are subject to its laws and cannot be denied any of the rights and/or privileges within the Constitution. 15 th The right to vote extends to African American citizens; no discrimination against citizens regardless of race or color. 19 th The 19 th amendment gave women the right to vote. More specifically it states that the vote shall not be denied on the basis of sex. This amendment also grants Congress the power to ensure states comply. 24 th The 24 th Amendment got rid of the poll taxes on federal elections, making it free to vote in federal elections. It ended the tax that didn t allow African-Americans to vote. African- Americans couldn't vote because of discrimination and this Amendment helped the African- Americans vote. 26 th The 26 th amendment lowered the voting age from 21 to 18. Passed during the Vietnam era, the 26 th amendment was created due to protests from draftees who believed if one is old enough to serve their country, one should have the right to vote. Part 3: Supreme Court Cases For each of the listed Supreme Court cases, write the year in which it was decided. Then briefly summarize the significance of the case through the constitutional law or principle established. You want to pay attention to what these have to do with civil rights and liberties. Court Case: Year: Significance:

7 Marbury v. Madison Barron v. Baltimore Near v. Minnesota APGOPO Unit 5 Study Guide A Established the concept of Judicial Review. The court interpreted Article III of the Constitution in order to establish their power to declare laws constitutional or unconstitutional during a court case Defined the concept of federalism in US constitutional law. The Court established that the Bill of Rights did not apply to the state governments. This explicitly stated that the Bill of Rights did not restrict the state governments. This case confirmed the idea of "dual citizenship," in which each American citizen is a citizen of their local state governments and also of the federal government Broadened the First Amendment to include the protection of newspapers from prior restraint. Prior restraint refers to any action the government takes to prevent materials from being published. The newspapers can now exercise the extent of their freedom, except, of course, the publication of classified information or violating any laws within the publication. Schenck v. U.S Defined the term freedom of speech by stating that it isn't limitless and if the speech causes danger may be illegal. Established the 'clear and present danger' principle that states any speech that poses a threat to the public or government loses the protection of the first amendment. Gitlow v. N.Y. Miller v. California 1973 N.Y. Times v. Sullivan Texas v. Johnson 1925 Benjamin Gitlow wrote a socialist manifesto advocating anarchy and is arrested for it. Supreme Court ruled that it is within a state's power to regulate speech that may incite a crime. This ruling is protected by the 14 th amendment, which makes certain parts of the Bill of Rights applicable to states. Allowed states to punish those whose speech has "dangerous tendencies" rather than only speech presenting "clear and present danger." First instance of selective incorporation of the Bill of Rights. An attempt to define the Supreme Court's stance on obscenity, which was previously defined as not protected by the First Amendment. In the end, the court decided that community standards should be first and foremost in deciding what was obscene, and the community could decide what was obscene by deciding if the work was "patently offensive", "appealing to prurient interest", and lacking any artistic, scientific, or cultural value. This case was essential in drawing the line on what was and wasn't censored due to obscenity, as well as placing most of the power in the hands of individual people, and the smaller communities they belonged to. This case created the protocol for deciding if a statement about a public figure is libel. The courts determined that, in order for a public official or figure to win a damage suit for libel, he or she must find evidence of "actual malice." Roe v. Wade 1973 In this case, a Texas woman, Norma McCorvey, also known as "Jane Roe", argued that Texas allowing abortions only to save the mother was unconstitutional. Texas argued it was the state's power to manage moral

8 Planned Parenthood v. Casey Lemon v. Kurtzman behavior, including abortions. The decision of the case was that the state had no say in a woman's choice of abortion in the first trimester, that the state could regulate an abortion in the second trimester if the woman's health was at risk, and that the state could prohibit an abortion in the third trimester. This case was a step in women's rights In this case, provisions of abortion laws were evaluated and challenged. There would be a 24-hour waiting period, a requirement of consent from a parent or judicial consent for a minor, and doctors would be required to present woman with information about the operation. Engle v. Vitale 1962 In this important case, the Supreme Court ruled it unconstitutional for state officials or public schools to encourage or require the recitation of a non-denominational prayer in a public school. The court's explanation was that a school-sponsored prayer violates the Establishment Clause of the First Amendment. Mapp v. Ohio 1961 In this case, after the state law enforcement search Dollree Mapp for obscene materials without probable cause, the Supreme Court determined that the Fourth Amendment, prohibiting the federal government from unreasonable searches and seizures of property, extended to the states as well. Mapp's conviction on having the obscene materials was overturned. This case helped to set a precedent and enforce that the practice of searching suspicious people, as well as seizing their property, was done only with cause and only when necesssary. Gideon v. Wainwright Miranda v. Arizona Dred Scott v. Sanford Plessy v. Ferguson Brown v. Board of Education 1963 Required states to provide counsel in criminal defense cases where the defendant is unable to pay for his/her own attorney. This case extended the right to counsel, which had been established previously in the 5 th and 6 th amendments. Gideon v. Wainwright imposed this ruling on the states as well as on the federal government Established the Miranda rights meaning the person being convicted must be told their rights while they are being arrested A Supreme Court decision that stated that a black man was property and had no rights as a citizen and that Congress had no power to ban slavery in the Western territories. This decision paved way to the Civil War and was in support of the wealthy plantation owners who had significant political influence Supreme Court decision that ruled segregation was legal, as long as the facilities used by each were equal. This case set the stage for the future of the American Civil Rights movement; it created the idea of separate but equal. American minorities would now have to fight against the growing segregation that was emerging since it was now justified by the court Court ruled that "separate but equal" was not actually equal. After intense debate, this case officially ended segregation in public schools.

9 Regents of the University of California v. Bakke APGOPO Unit 5 Study Guide A Allen Bakke was denied admission to UC Davis Medical School multiple times because of his age and the school's racial quota to admit 16 minority students out of a class of 100. He took Berkeley to court. The case ended up in the supreme court where a broader debate arose over affirmative action. The supreme court upheld affirmative action but also required UC to admit Bakke. Korematsu v. US 1944 This case was a very controversial case regarding Executive Order Executive Order 9066 was an executive order given by President Roosevelt that forced Japanese Americans, no matter their citizenship, into internment camps. Ultimately, the Supreme Court sided with Roosevelt and decided it was constitutional. Reed v. Reed 1971 This case struck down an Idaho law which stated that men receive preference over women in disputes over estate administration. The Supreme Court decided that this law discriminated against women and went against the equal protection clause. The equal protection clause says that sates must not deny any person under their jurisdiction equal protection under the law. Craig v. Boren 1976 This case scrutinized the purchase of alcoholic beverages with discrepancies on age and account of sex. In Oklahoma, females under age 18 and males under age 21 were denied the ability to purchase "nonintoxicating" alcoholic beverages (3.2%), violating the equal rights protection under the Fourteenth Amendment. The court ruled genderspecific classifications as unconstitutional. United States v. Lopez Obergefell v. Hodges Baker v. Carr 1995 In a 5-4 decision, the Supreme Court affirmed the decision of the Court of Appeals. It held that while Congress had broad lawmaking authority under the Commerce Clause, the Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. The court case of Obergefell v. Hodges dealt with the constitutionality of samesex marriage and if states should recognize and accept them. This case affected the balance between the federal government and state governments, as it ruled that state laws prohibiting same-sex marriage were against the Constitution, and therefore illegal. Obergefell v. Hodges was a monumental case that revolutionized equality for homosexuals in the United States forever. Baker v. Carr happened in It enabled federal courts to intervene in and decide redistricting cases. Shaw v. Reno 1993 The court ruled that redistricting based on racial terms should be held to a standard of strict scrutiny under the equal protection clause. This case was significant in redistricting and racial gerrymandering terms.