Chapter 4 The Supreme Court and the Constitution Section 5 Recurring Constitutional Issues

Constitutional terms Capital Punishment Death Penalty Affirmative Action Giving favored treatment to certain groups i.e. – minorities and women Reverse Discrimination Unfair treatment of a group of people as a result of trying to help another group suffering from previous discrimination

Constitutional Terms cont. Quota Number making up a proportional share Judicial Activism What the court determines to be fair and just based on the facts it has been given Judicial Restraint Basing decisions on previous decisions dealing with similar legal issues

What cases reflect Judicial Restraint? Abington v. Schempp Furman v. Georgia Roe v. Wade

Main Ideas On what grounds has the Supreme Court ruled against laws allowing prayer in public schools? That prayer in public schools violates the establishment clause of the first Amendment

Main Ideas Why did the Supreme Court effectively ban the death penalty in the U.S.? Two judges said it was cruel and unusual punishment and three of them objected to the way it was applied

Main Ideas In the Court’s views, when are racial quotas considered a form of reverse discrimination? Racial quotas are considered reverse discrimination in any program receiving federal funds

Main Ideas In what ways has the Supreme Court limited a woman’s right to an abortion? The Court has allowed states to ban abortions in the final 3 months of pregnancy AND a state may require a minor to tell one or both parents before having an abortion

Main Ideas How is the philosophy of judicial activism different from the philosophy of judicial restraint? Judicial activism favors Supreme Court involvement in decisions about social policy Judicial restraint is that the Supreme Court would leave public policy to Congress and the President

Engel v. Vitale – Supreme Court and school prayer The Supreme Court has strongly supported the separation of church and state. All their rulings have argued that the government cannot make laws that violate the establishment clause of the 1st Amendment