UNIT VII: THE JUDICIARY, CIVIL

LIBERTIES & CIVIL RIGHTS

FRQ Review!

2000

The Supreme Court is commonly thought to be “above politics.” However, one can argue that the appointment of Supreme Court justices is political. A. Identify three characteristics of Supreme Court

nominees and discuss how each characteristic has been politically relevant during the appointment process.

B. Identify two methods that have been used by interest groups to influence the appointment process. Explain how each of these methods has been used to influence that process.

Check your Ch. 16 NotesPolitically relevant characteristics of Supreme Court nominees …

Acceptability to the Senate –more difficult if Divided Gov’t

AgeQualifications –

American Bar Association ratings & DOJ background check

Ideology - a match with the appointing president? Important!

Issue orientation – i.e. Abortion as litmus test

Judicial experience - often held office as a judge or prosecutor

Party identification - same as appointing president

Region – Was importantReligion – Was importantRace - Now important Gender - Now importantReputationRole (activist v.

restraint)

Check your Ch. 11 Notes (Interest Groups)

Campaign contributions ( To White House or Senate)

AdvertizingUse of the mediaPress ConferencesLobbying (MUST be White House or Senate)Protests / demonstrationsIssuing ratings Talk showsRallying their members (mass mobilization)

2001

Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the Constitution has become the single most important act in all of United States politics. A. Identify which provision of the 14th Amendment was applied in one

of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics.

Brown v. Board of Education Baker v. Carr Regents of the University of California v. Bakke

B. Identify which provision of the 14th Amendment was applied in one of the following Supreme Court cases. For the case you select, explain the significance of the decision in United States politics.

Mapp v. Ohio Gideon v. Wainwright Miranda v. Arizona

Check your Ch. 4 Notes, Ch. 5 Notes & Case CardsSee “What You Need to Know About Defendants’

Rights”

Due Process Clause: “…nor shall any state deprive any person of life, liberty or property without due process of law”

Mapp v. Ohio Miranda v.

Arizona Gideon v.

Wainwright

Equal Protection Clause: “… nor deny to any person within its jurisdiction the equal protection of the laws.”

Brown v. Board of Education

Reed v. Reed Craig v. Boren Baker v. Carr Regents of

University of California v. Bakke

Roe v. Wade

2002 Check your Ch. 5 Notes

 Political institutions can present both obstacles and opportunities to racial minority groups in their efforts to gain political influence. A. Identify one feature of one of the following and explain how

that feature has presented obstacles to racial minority groups in their efforts to achieve political goals.

Federalism The United States political party system The United States electoral system

B. Identify one feature of one of the following and explain how that feature might present opportunities to racial minority groups in their efforts to achieve political goals.

Federalism The United States political party system The United States electoral system

Minority Rights & Federalism…

An Obstacle

States prevented votingState courts were

hostileStates controlled

access to votingStates controlled

legislation managing Police Powers (health, safety, welfare & morals)

An Opportunity

Could appeal to federal level

Civil liberties protected by the US Constitution

Geographic concentration allows for greater influence

Minority Rights & The Political Party System…

An Obstacle

May take minority votes for granted

Use of the white primary

Lack of choice (only 2)Lack of party

discipline in enforcing adherence to policies favorable to minority groups

An Opportunity

A valued constituency in one of the parties

Open membership

Minority Rights & The Electoral System…

An Obstacle

Winner-take-all system makes it harder for minority candidates to win

Redistricting / racial gerrymandering

An Opportunity

Voting blocs (can be the margin of difference in a close election)

Open voting systemMinority

redistricting / racial gerrymandering

2005

The judicial branch is designed to be more independent of public opinion than are the legislature or the executive. Yet, the United States Supreme Court rarely deviates too far for too long from prevalent public opinion. A. Describe two ways in which the United States

Supreme Court is insulated from public opinion. B. Explain how two factors work to keep the United

States Supreme Court from deviating too far from public opinion.

Check your Ch. 16 Notes

Debate = Courts are not very democratic: Elite group Not elected & salaries can’t be reduced Serve for life & are difficult to remove

Checks on Court’s Power: President appoints Senate confirms Congress & States can amend Constitution Congress can alter jurisdiction by creating courts

lower than the Supreme Court In cases of Statutory Construction (judicial

interpretation of an act of Congress)- Congress can clarify legislation

2005

Initially, the United States Constitution did little to protect citizens from actions of the states. In the twentieth century, the Supreme Court interpreted the Constitution to protect the rights of citizens from state governments in a process referred to as incorporation. A. Define selective incorporation. B. For two of the following, explain how each has been

incorporated. Each of your explanations must be based on a specific and relevant Supreme Court decision.

Rights of criminal defendants First Amendment Privacy rights

Check your Ch. 4 Notes & Case CardsSee “What You Need to Know About Defendants’

Rights”

Incorporation Doctrine (aka Selective Incorporation): slow process of applying pieces of the B of R to state governments under the authority of the 14th Amendment using Test Cases

Rights of criminal defendants Mapp v. OHGideon v. WainrightMiranda v. AZ

First Amendment Gitlow v. NYEngle v. Vitale

Privacy rightsGriswold v. CTRoe v. Wade

2007

The First Amendment includes two clauses relating to the freedom of religion. A. Select one of the following cases and identify the First Amendment

clause upon which the United States Supreme Court based its decision.

Engel v. Vitale Lemon v. Kurtzman

B. Describe the Supreme Court’s decision in the case you selected in A. C. Select one of the following cases and identify the First Amendment

clause upon which the United States Supreme Court based its decision.

Reynolds v. United States (polygamy) Oregon v. Smith (drug use in religious ceremonies)

D. Describe the Supreme Court’s decision in the case you selected in C. E. Many of these decisions have caused controversy in the United States.

Describe two ways in which other political institutions might limit the impact of Supreme Court decisions.

Check your Ch. 4 & Ch. 16 Notes & Case Cards

Establishment Clause Engel v. Vitale (school prayer) Lemon v. Kurtzman (test for using public $ in religious

schools)Free Exercise Clause

Reynolds v. United States (polygamy) Oregon v. Smith (drug use in religious ceremonies)

Checks on Court’s Power: President appoints Senate confirms Congress & States can amend Constitution Congress can alter jurisdiction by creating courts lower than

the Supreme Court In cases of Statutory Construction (judicial interpretation

of an act of Congress)- Congress can clarify legislation

2008

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” ~Fifteenth Amendment to the United States Constitution, 1870. Despite the ratification of the Fifteenth Amendment, voter turnout among African American citizens was very low throughout the first half of the twentieth century. Over the past 50 years, civil rights policies have changed substantially, along with a significant increase in African American voter turnout. A. Explain how two measures taken by some states prior to the 1960’s affects

voter turnout among African American citizens. B. Facing discrimination at the voting booth, many African Americans turned

to alternative forms of political participation. Describe two alternative forms of participation that helped bring about changes in civil rights policies.

C. Choose one of the forms of participation you described in B and explain why it was effective in changing civil rights policies.

Check your Ch. 5 Notes (& Ch. 11 Interest Groups)

Southern States used various barriers… Poll Taxes: Small taxes used to pay for elections White Primary: Only whites allowed to vote in party

primaries (Court ends in 1944) Voter Literacy Tests – aka Voter Registration Tests. Grandfather Clause –if your grandfather was eligible to

vote, you could vote without passing a literacy test. If your grandfather couldn’t vote (b/c he was a slave) you had to pass a literacy test before you could vote.

Alternative Forms of Participation Demonstrations/ protests/ rallies / civil disobedience Interest Groups Activity (NAACP) Courts / litigation Boycotts

2010

The framers of the Constitution created a political system based on limited government. The original Constitution and the Bill of Rights were intended to restrict the powers of the national government. Later constitutional developments also limited the powers of the state governments. A. Explain how each of the following two provisions in the Bill of

Rights limits the power of the national government. Establishment clause Guarantee of a public trial

B. Choose one of the following and explain how it limits the power of state governments.

Citizenship clause of the Fourteenth Amendment Selective incorporation

Check your Ch. 4 & Ch. 5 Notes

The Establishment Clause - “Congress shall make no law respecting an establishment of religion”

Guarantee of a Public Trial: Requiring trials to be open to the public limits the government’s ability to violate the rights of citizens

Citizenship clause of the Fourteenth Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” (Overturned Dred Scott v. Sanford)

Incorporation Doctrine (aka Selective Incorporation): slow process of applying pieces of the B of R to state governments under the authority of the 14th Amendment using Test Cases

2011

The United States Supreme Court receives many appeals, but it hears and rules on a small percentage of cases each year. Numerous factors influence the actions of the Court, both in deciding to hear a case and in the decisions it hands down. A. Define judicial review. B. Explain how judicial review empowers the Supreme Court

within the system of checks and balances. C. Describe the process through which the Court grants a writ of

certiorari. D. Explain how each of the following influences decisions made

by individual justices when deciding cases heard by the Court. Stare decisis Judicial activism

Check your Ch. 16 Notes

Judicial Review: The power to declare acts of Congress & the President unconstitutional

Writ of Certiorari: legal document issued by the Court to call up a case from the lower courts. Requires an appeal and the Rule of 4. See “What You Need to Know to Get Your Case to the Supreme Court”

Stare decisis : let the previous decision stand unchanged = most cases decided this way

Judicial activism: Judges should make bold policy decisions & even chart new constitutional ground. Courts may alleviate pressing needs of the politically or economically weak

2012

The judiciary branch is often assumed to be insulated from politics. However, politics affects many aspects of the judiciary. Describe two political factors that affect presidents’

decisions to appoint members of the federal judiciary. Identify two political factors that affect the

confirmation process of a president’s nominees and explain how each factor complicates a confirmation

Explain how one legislative power serves as a check on court decisions.

Explain how one executive power serves as a check on court decisions.