1. AP U.S. Government Rixie May 3rd, 2018
Review Session #6
AP U.S. Government
Rixie
May 3rd, 2018

2. Structure of the Federal Courts

3. Going to Court Criminal cases – accused of violating a law
Civil cases – no broken laws; settle disputes between parties
Must have standing to sue (a good legal reason)

4. Article III of the Constitution
There shall be one Supreme Court
Congress may establish inferior courts

5. Jurisdiction Original: the court hears the case first in trial
Appellate: the court hears cases that have been appealed (does not review facts of case)

6. Constitutional Courts
District Courts
91; original jurisdiction
Federal law; bankruptcy; suits b/t citizens of different states
Courts of Appeal
12; appellate jurisdiction
Rulings set precedent for district courts
Supreme Court
Most cases are appeals
Original jurisdiction: cases between states, the federal gov’t & a state, or a state and a foreign country

7. Legislative Courts Under the legislative branch Examples: Tax Court
Military Court of Appeals

8. Selecting Federal Judges
Lower courts
POTUS appoints with help from DOJ & White House staff (all judges confirmed by Senate)
Serve during good behavior
Senatorial courtesy
Allows senators from the state where the district is located to approve/disapprove nominees (for District Courts, not Appeals)

9. Selecting Supreme Court Judges
9 justices (including 1 chief justice); Congress sets #
POTUS appoints when there is a vacancy; confirmed by Senate
Considers:
Party affiliation
Judicial philosophy
May try to bring balance to the court
Experience

10. Supreme Court: Case Selection
Thousands appealed annually
Only about a hundred or so heard
Rule of Four – 4 justices must agree to hear a case
Writ of certiorari
Order by the Court to direct a lower court to send up case records for review

11. Supreme Court: Opinions
Majority opinion
Concurring opinion
Agrees with majority but for different reasons
Dissenting opinion
One or more justices who disagree with the majority

12. Precedents
Majority opinions become precedents – standards to be followed with similar future cases
Stare decisis – let the decision stand (respect for precedent)
Precedents can be and have been overturned

13. Judicial Philosophies
Judicial Activism
The court should play an active role in national policies
Apply the Constitution to social/political questions
Judicial Restraint
Court should avoid taking initiative on social/political questions unless there is a clear constitutional violation
Passive role in policy-making

14. Key Court Eras Marshall Warren Burger Rehnquist/Roberts
Expanded power of SCOTUS (Marbury v. Madison)
Warren
Actively involved in expanding civil rights/liberties (Brown v. Board)
Burger
More conservative, but Roe v. Wade was under him
Rehnquist/Roberts
Conservative; has limited (not reversed) earlier more liberal decisions

15. Civil Rights & Civil Liberties

16. Civil Rights Civil Liberties Protection from government Bill of Rights
Protection by government
Legislation such as Civil Rights Act of 1964

17. Constitution Writ of habeas corpus No bills of attainder
Prisoner must be brought before court to determine if detention is lawful
No bills of attainder
Declared guilty/punished without trial
No ex post facto laws
Punishing for a crime committed before it was illegal
Bill of Rights protects liberties

18. 14th Amendment Equal protection clause Due process clause
Used as basis to incorporate Bill of Rights to the states
(Civil liberties)
Equal protection clause
Used to apply civil rights protections to various groups
(Civil rights)

19. 1st Amendment – Establishment Clause
1st Amendment – Free Exercise Clause
Congress shall make no law respecting an establishment of religion…
Separation of Church & State
…or prohibiting the free exercise thereof.
Freedom of belief & practice

20. Freedom of Speech (1st) Symbolic speech Pure speech
Fundamental freedom
Symbolic speech
Ex: flag burning (okay after Texas v. Johnson)
Limitations on speech: most is protected, unless there is a “clear and present danger” (can’t tell people to burn draft cards in a time of war)

21. Freedom of the Press (1st)
Prior restraint – gov’t can’t prevent material from being published
Near v. Minnesota
Extended free press to states under due process clause & prohibited prior restraint

22. Freedom of Assembly & Petition (1st)
Courts have protected these rights, but governments can set limits to protect rights/safety of others
Permit may be required
Private property can’t be infringed upon

23. Property Rights – 5th & 14th
Due Process Clause
5th Amendment – gov’t can’t take private property without paying for it
Called eminent domain

24. Right to Privacy
Not expressly written in Constitution but has been inferred from 1st, 3rd, 4th, 9th, and 14th amendments
Griswold v. Connecticut – above amendments created “zones of privacy”
Roe v. Wade – a women’s right to abortion stems from her constitutional right to privacy

25. Rights of the Accused 4th Amendment – search & seizure
Mapp v. Ohio – exclusionary rule
5th Amendment – self-incrimination
Miranda v. Arizona – Miranda rights
6th Amendment – right to an attorney
Gideon v. Wainwright – right to an attorney extended to states
8th Amendment – no cruel & unusual punishment

26. Civil Rights – post-civil war amendments:
13th Amendment – abolished slavery
14th Amendment – defined citizenship; due process & equal protection
15th Amendment – can’t deny vote based on race

27. Two key SC cases: Plessy v. Ferguson Brown v. Board of Education
“Separate but equal” facilities were okay
Brown v. Board of Education
Overturned ruling of Plessy

28. Two executive orders affecting civil rights:
FDR – banned racial discrimination in government offices & defense
Truman – ordered desegregation of armed forces

29. Two major legislative acts:
Civil Rights Act of 1964 – banned discrimination in employment and public places
Created the Equal Employment Opportunity Commission
Voting Rights Act of 1965 – outlawed literacy tests and other discriminatory tests in voter registration

30. Other minority groups frequently discriminated against historically:
Hispanic Americans, Native Americans, & Asian Americans
Korematsu v. U.S. – SC said WWII internment camps for Japanese were constitutional

31. Other minority groups frequently discriminated against historically:
Women
19th Amendment – women can vote
Reed v. Reed – laws discriminating/giving preference based on gender usually not okay

32. Other minority groups frequently discriminated against historically:
People with disabilities
Americans with Disabilities Act: no discrimination in workplace or public places against those with disabilities (ex: must make wheelchair accessible)
LBGTQ community, elderly people

33. Affirmative Action
A policy designed to correct effects of past discrimination (usually based on race/gender)
Regents of University of California v. Bakke
Upheld affirmative action but said quotas were unconstitutional