US Government Module 4 Study Guide 4.01 The Judicial Branch Created in Article III of the Constitution and consists of a US Supreme Court and lower courts Three basic levels of courts trial appellate supreme BOTH state and federal courts have these THREE levels Jurisdiction is the authority of a court to hear certain types of cases or make legal decisions Examples of Cases in Courts of Original Jurisdiction: Guilty or Not Guilty of a crime, family cases, civil suits where one party sues another Examples of Appellate Court Cases: challenging decision in a guilty/not guilty case, case not in your favor and have right to appeal, challenging family law decision Article III Judiciary Act of 1789 Federal district court- a court established by the federal government having jurisdiction over questions of federal law Appellate court- the jurisdiction to hear case appeals and review the decisions of lower courts, also known as a court of appeal Appeal- formal request to a higher authority requesting a change of decision, such as a case to a higher court from lower courts Jurisdiction (original jurisdiction, state, federal)- the authority or geographic area of authority to enforce laws or make legal judgments Trial- a formal legal process in court to settle disputes or determine the guilt or innocence of those accused of crimes
Jury- a group of ordinary citizens who decide together whether a person accused of a crime is guilty or not guilty Criminal case- a lawsuit brought before a court involving someone who is accused of committing a crime Civil case- a lawsuit brought before a court relating to the rights of citizens, usually a dispute between citizens or groups Dual sovereignty- a Constitutional concept that both the state and the federal governments are sovereign Federal-question cases- a case brought before a court where the meaning or intent of a federal law is under debate Diversity cases- a case involving citizens or groups from more than one state Bench trial- trial held without a jury Prosecution- the lawyers representing the people or a government body in a criminal trial Writ of certiorari- order of the Supreme Court to review lower-court evidence and decisions In forma pauperis- Latin phrase for "in the form of a pauper," referring to permission for a person to petition the courts without paying the court costs and fees due to inability to pay Class-action suits- a lawsuit brought before a court by one party on behalf of a group of individuals who all have the same complaint Litigation- a lawsuit 4.02 Judicial Review What is judicial review? Why is it important to our US Government system? Established in 1803 with the case of Marbury v Madison Although the powers of the court are NOT specifically spelled out in the Constitution, our nation s founders did address the court s role. Judicial Review is the power of the Judicial Branch to determine the constitutionality of laws of Congress and the actions of the Executive branch--can declare laws and actions null and void. Judicial review- the power to review and cancel laws or acts of government if determined to be unconstitutional Unconstitutional- not allowed by or against the ideas and principles of the Constitution
Precedent- a court action or decision used as an example in later cases Appointed Elected Stare decisis- the policy of the courts to abide by decisions made in earlier, similar cases 4.03 The Decision Judicial opinions: majority- official ruling on a court case in which a majority of the justices agree dissenting- also known as the minority opinion, written by a justice who does not agree with the majority decision concurring opinion- opinion written by a justice in support of the minority or majority decision per curiam decision- official ruling described by the court, instead of a majority and minority opinion). 4.04 Civil Rights Landmark Supreme Court Cases- how did these decisions effect history? Why are they significant? How did these cases help the expansion of civil rights throughout history? How might life be different today without these? Plessy v Ferguson Brown v Board of Education 1896 1954 Established segregation in public places Class action lawsuit which ruled that segregation in public schools was unconstitutional- 14 th amendment Made Jim Crow laws legal Civil Rights Movement There was a new era of activism: protests, sit-ins, marches, etc. The Warren Court Case Significance Mapp v Ohio 1961 Evidence must be collected legally and with a warrant to be used in court. 4th amendment- protection from illegal search and seizure Gideon v Wainwright 1963 States must provide legal counsel in all cases where a defendant is unable to afford counsel on his or her own. 6th amendment- suspects in crimes have right to counsel Miranda v Arizona 1966 Suspects must be informed of their rights before and during questioning. 5th amendment Roe v Wade 1973 Determined that a woman s decision to continue or end a pregnancy is within her right of privacy. Emotional debate and still controversial
9th and 14th amendments Tinker v DesMoines 1969 Students wore black armbands as a silent protest against the Vietnam War The free rights of students should be protected. "Students don't shed their constitutional rights at the school house gates." 1 st amendment- symbolic speech Texas v Johnson 1989 Texas man burned a flag as an act of protest Symbolic speech, such as burning the American flag (no matter how offensive it might be to some), is protected under the 1st amendment. More expansion of rights Civil Rights Act of 1964 Voting Rights Act of 1965 Signed by President Lyndon B Johnson Prohibits discrimination on the basis of race, color, religion, sex or national origin for public places Banned discrimination in voting and also banned the use of literacy tests. Further enforced the 15th and 19th amendments Jim Crow laws Incorporation- in constitutional law, a process where selected parts of the Bill of Rights are applied to the states through the due process clause of the 14th Amendment Warren Court- the Supreme Court of the United States between 1953 and 1969, during the Civil Rights Movement, when Earl Warren served as Chief Justice and expanded civil rights, liberties, and judicial power. 4.05 Comparing Governments Autocracy Run by one person Monarchy or Dictatorship Saudi Arabia Oligarchy Run by a small group Communist Party of China Democracy Run by the people either directly or indirectly (republic) United States and Switzerland
Authoritarian- political system in which obedience to the ruler and government is strictly enforced Republic-form of government in which people elect representatives to exercise power for them Communism- Socialism- POLITICAL STRUCTURES: unitary confederation- a group of loosely allied states, such as the United States under the Articles of Confederation federation parliamentary- the name given to the legislative branch of government in Britain and other countries What is democratization? Democratization is the process of transitioning to a more democratic government There are several indicators of democracy but there is no specific piece of data that can perfectly correlate to a country s level of democracy Indicators of Democracy: GDP Internet users Education and literacy rates Economy and natural resources Culture, populations, and elections Freedom House (Free, Partly Free, Not Free) Gross domestic product- market value of all goods and services produced within a country in a given period Qualitative- facts and information relating to the quality or character of something instead of size or quantity Quantitative- facts and statistics relating to the amount or number of something Per capita, - by or for each person Market economy- an economy in which prices and wages are determined mainly by supply and demand, rather than being regulated by a government
Freedom House Universal suffrage- the ability of all legal adults to exercise the right to vote without restrictions Myanmar Resource Use Arable land- land suitable for growing crops Natural resources Import- to bring a product or good in from another country Export- the selling of goods to another country Renewable resources- something able to be sustained indefinitely because of new growth or overabundant supplies Sustainability- able to maintain use of resources without destroying them or the environment Emissions- Interdependence- the state of being unable to exist or survive without each other KEY POLICIES/ORGANIZATIONS: Environmental Protection Agency of the US, Organization of Petroleum Exporting Countries (OPEC), Kyoto Protocol, Clean Air Act of 1970 4.06 Foreign Policy Foreign policy is the decisions and programs a country creates that affect relations with other countries. Government decisions on foreign policies can affect the programs and people in other countries, too. Goals of foreign policy: Spreading democracy World peace Humanitarian help National security Foreign Policy Approaches: 1. Isolation: Approach that separates itself from events in other countries Ex:North Korea 2. Diplomacy (Internationalism) : Discussion between leaders or representatives from separate nations Ex: Peace Corp and United Nations (UN) 3. Interventionalism: Using military intervention to deal with a problem whether action does or does not have to do with domestic security
Ex: 2001 US invasion of Afghanistan 4. Imperialism: Invading to take over territory from another country Ex:1990 Iraq invasion of Kuwait or 1960s and 70s US prevention of North Vietnam from taking over South Vietnam The United Nations Human rights violations of WWII inspired the creation of the United Nations. The UN is an international organization designed to protect human rights and encourage diplomacy. Universal Declaration of Human Rights describes basic human rights of all people. The UN seeks to prevent genocides, human trafficking, discrimination, and other human rights issues. Geneva Conventions establish international law for treatment of victims of war Tariffs- a tax on imported goods Quotas- a maximum number allowed or needed War Powers Act Module 4 Review Video (coming soon)