AP GOVERNMENT AND POLITICS THE JUDICIARY. Learning Guide Study Guide Topic Notes

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1 AP GOVERNMENT AND POLITICS THE JUDICIARY Learning Guide Study Guide Topic Notes

2 STUDY GUIDE Exam Date The Judiciary, Wilson chapter 16 Topics Constitutional basics 2. Judicial review 3. Organization of the Court 4. Getting to court 5. Judicial activism and policy making 6. Politics of appointment 7. Restraints on the courts Terminology... judicial review strict constructionist loose constructionist original intent living constitution judicial activism/restraint Federalist #78 John Marshal Roger B. Tanney Earl Warren Warren Burger Robert Bork Clarence Thomas William Renquist Dred Scott decision th 14 amendment constitutional courts appellate jurisdiction original jurisdiction senatorial courtesy litmus test dual sovereignty doctrine writ of certiorari informa pauperis amicus curiae stare decisis sovereign immunity class action suits standing briefs (majority, dissenting, concurring) Rule of four Cases...(Some of the cases below have previously been covered and are listed here for purposes of review. Most will be on the test) Marbury v. Madison McCulloch v. Maryland Gibbons v. Ogden Dred Scott Plessy v. Ferguson Brown v. Board (1 and 2) Baker v Carr US v. Nixon US v. Lopez US v. Morrison Bush v. Gore Courts... Know the basics of the following Courts: Marshal Court Warren Court Burger Court Rehnquist Court Roberts Court

3 Big Ideas... (Please note that answers to following are based on both the text and sources outside the text) 1. Explain the constitutional basics of the Supreme Court. a. What does Article III of the Constitution say about the Court? 2. Understand the concept of judicial review. a. What view did the Framers have of the role and power of the Supreme Court (i.e. Hamilton s Federalist #78)? b. How has the modern debate over judicial review developed? 3. Describe two camps of constitutional interpretation... a. How has constitutional interpretation become a highly political matter? 4. Relate the historical development of the Court. a. In your view, what s behind the broad swings in the attitude of the Court in the last 100 or so years? 5. Explain the organization of the Court and the various aspects of the Court s jurisdiction. 6. Evaluate the process and politics of getting to court a. What role do interest groups play in the judicial process? 7. Know the concept of judicial activism and be able to explain the nature of the Court s role as a policy maker in our system of government.

4 a. Is the Supreme Court shielded from political pressures? 8. Evaluate the Ideology and politics of the Court and court decisions: a. Describe the ideological shifts in the Court, esp. since the 1930's. b. Identify the general ideological positions of the current Court members. 9. Analyze the courts and the appointment process. a. How has the appointment process increasingly become politicized in recent years? b. What does it mean to say that president s can shape the Court in their image? Required Readings: 1. The Court Changes Course on Roe v. Wade A brief introduction to the politics of the Supreme Court 2. Supreme Power of U.S. Justices (BBC) Very good article from a foreign perspective of the power and prestige of the U.S. Supreme Court. 3. Advise and Dissent (Time) Older, but excellent article on the politics of court appointments.

5 CLASS NOTES: Constitutional Basics

6 CLASS NOTES: Judicial Review

7 CLASS NOTES: Organization of the Court

8 CLASS NOTES: Getting to Court

9 CLASS NOTES: Judicial Activism & Policy Making

10 CLASS NOTES: Politics of Appointment

11 CLASS NOTES: Restraints on the Courts

12 IN DEPTH Using your knowledge of US government and politics, any outside reading sources, and any outside research you may conduct; evaluate the following statement: Ideology seems to be a fundamental catalyst in shaping the Supreme Court today. Indeed, it greatly shapes both the appoinment process and the general direction of the court in interpreting the laws of the nation.

The Judicial System (cont d)

The Judicial System (cont d) Alexander Hamilton in Federalist #78: Executive: Holds the sword of the community as commander-in-chief. Congress appropriates money ( commands the purse ) and decides the