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Politics of the United States
AP Government-Judicial Branch
Terms in this set (86)
Freedom of press
This Amendment gives immunity to states from lawsuits in federal court.
Right to bare arms
No forced quartering of soldiers
The exclusionary clause came from this amendment
No double jeopardy and right to private property
This Amendment Changed the way that the electoral college awards electoral votes.
Criminal Court Rights are part of this Amendment
Civil Court Rights
No cruel or unusual punishment is part of this Amendment
People have more rights than are listed in the Bill of Rights
Slavery is illegal
Equal protection clause is part of this Amendment
The right to vote is extended to all races
The right to vote is extended to all genders
Prohibition is repealed
Voting age is lowered to 18
Tinker v. Des Moines
Student Freedom of Speech
Mapp v. Ohio
Court case that used the 4th Amendment
Brown v. Board of Education
1960s court case that used the "equal protection clause"
Obergefell v. Hodges
2015 court case that used the "equal protection clause"
Texas v. Johnson
Free speech is extended to non-spoken acts of protest because of this.
Miranda v. Arizona
People accused of a crime must be made aware of their 5th Amendment rights.
Roe v. Wade
Abortion is legal in the US because of this court case. (14th)
Allows the government to collect income tax.
The most recent Constitutional Amendment (1992).
They propose Amendments to the Constitution.
They ratify Amendments to the Constitution.
Senators are elected by the people.
Eliminated poll taxes.
Term for when the Supreme Court challenges old rulings and sets new precedent.
Non-Latin term for when the Supreme Court does not challenge old rulings and sticks with precedent.
Earl Warren (1953-1969)
Very active, liberal leaning Court Chief Justice.
Warren Burger (1969-1986)
Right-leaning Chief Justice who was not as conservative as Nixon had hoped when he appointed him.
William Rehnquist (1986-2005)
Largely conservative Chief Justice who was appointed by Reagan.
Engel v. Vitale
Official public school prayer is outlawed because of this case.
Gregg v. GA
Death Penalty is not a violation of the 8th Amendment.
D.C. v. Heller
2nd Amendment Supreme Court Case (not McDonald v. Chicago)
Gitlow v. NY
Court case that established selective incorporation.
Gideon v. Wainwright
Court case that selectively incorporated the 6th Amendment.
NJ v. TLO
Student lost this search and seizure case.
Regents v. Bakke
Quota systems are illegal because of this affirmative action case.
Term for the person who begins a civil suit.
The only court in the federal system with both original and appellate jurisdiction
Group in charge of confirming the President's Supreme Court nomination.
Checks and Balances
The Supreme Court nomination process is an example of this Constitutional principle.
The Amendment process is an example of this Constitutional principle.
Type of brief written by an interested party that is not a part of the court case.
Latin term that refers to the Supreme Court's method of allowing precedent to influence current and future cases.
Writ of certiorari
Issued by the Supreme Court to order a lower court when they agree to hear the appeal.
Represents the US when they have a case in front of the Supreme Court.
This head of the Justice Department is the only member of the cabinet without the title of "secretary."
What Amendment applies to Exclusionary Rule?
What Amendment applies to Incorporation?
What Amendment applies to the Equal Protection Clause?
What Amendment applies to the Establishment Clause?
What Amendment applies to States' rights?
What Amendment applies to Double Jeopardy?
What Amendment applies to Citizenship?
What courts do the Constitution provides for?
Supreme Court and all the lower courts
What is the term length for Supreme Court Justices and why?
Judges can hold their offices for the rest of their lives or until they are convicted or impeached by Congress
Why?: So they won't get mixed up into politics
-Penalties are predominantly financial
-There is no right to a government-provided attorneys
-There is no constitutional right to a jury in state
-A person's liberty is at stake (those judged guilty shall be imprisoned)
-Criminal defendants who cannot afford attorneys are provided for by a counsel by the government
-Defendants have the right to a jury in criminal trials
Picking the Supreme Court?
1) US Constitution calls for the president to nominate Supreme Court Justices for the Senate's approval. The nominee receives the appointment on the confirmation of two-thirds of the Senate
2) A candidate's Judicial philosophy influence the selection process: Strict interpretation or loose interpretation of the Constitution
3) Presidents and Senators also want to know how candidates see the appropriate role of the Courts:
Judicial restraint or judicial activism?
4) Judges are picked on the basis of:
legal merit and regard for ideology, party, gender or race
Court opinion reflecting the views of the majority of the judges
Opinion disagreeing with the majority decision in a Supreme court ruling
Signed opinion in which one or more members agree with the majority view but for different reasons
John Roberts (2005-Present)
Moderately Active, largely Conservative, protected 2nd Amendment
How many Amendments are there?
Writ of Habeus Corpus
Court order requiring explanation to a judge why a prisoner is being held in custody
Policy given to senators to have the right to be notified by the President of pending judicial nominations
A decision made by a higher court sch as a circuit court of appeals or the Supreme court that is bind on all other federal courts
Public Defender System
An arrangement here public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys
Jefferson meant that it evolves, changes over time, and adapts to new circumstances
The power of the federal courts to declare actions of government or people (federal, state, local, citizens) constitutional or unconstitutional.
What can Congress do if one of their laws are ruled unconstitutional?
The law would remain on the books unless stricken by Congress
Columbia v. Heller
The Supreme Court ruled that Heller had the right to carry a weapon for a lawful purpose
Wisconsin v. Yoder
Found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion"
Schenck v. U.S
Did not violate First Amendment right to free speech in wartime
McDonald v. Chicago
Gun to own a gun (2nd)
Inauguration Day moved from March 4th to January 20th
President can only have two four-year terms
3 electoral votes for DC in presidential elections
Recommended textbook explanations
United States Government: Democracy In Action
Richard C. Remy
Magruder's American Government
William A. McClenaghan
United States Government: Principles in Practice
Luis Ricardo Fraga
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