AP Gov Section 5

• Establishes that a Supreme Court does exist (no influence from Congress or the Executive; hence, judges are "independent")
• Congress will add additional federal courts if needed (not the Supreme Court)
• "holding offices during good behavior": Judges have lifetime tenure unless removed by House of Representatives impeachments and trial by the Senate
• Congress and the President cannot retaliate against judges by cutting their salary (independent, no influence once again)

That there was a separation between state courts and federal courts (dual systems)

• Expanded the power of a court to hear a case (they can hear cases if it affects an ambassador/public ministers, dealing with legislative bodies like Constitutional law etc., involving national water, when the US is a party and those involving one or more states, cases between citizens of the same state who are claiming land under grants from other states)
• in addition SCOTUS can hear cases affecting public servants or when states are a party

<p>The ability to hear the case FIRST</p> Signup and view all the answers

<p>The power to hear a case AFTER a lower court has already decided the case?</p> Signup and view all the answers

<ul> <li>Has appellate and original jurisdiction</li> <li>Powers given by Article 3 Section 1</li> <li>Hears appeals from state and circuit courts <em>SCOTUS ruling becomes law</em></li> </ul> Signup and view all the answers

<ul> <li>Comprised of 13 regional circuits</li> <li>Has appellate jurisdiction (appeal)</li> <li>Can use the Writ of Certiorari (&quot;to make more certain&quot;: request for SCOTUS to order up the records from a lower court to review the case)</li> <li>Petitioner v respondent</li> <li>Heard by 3 justices</li> </ul> Signup and view all the answers

<ul> <li>94 courts</li> <li>Trial courts: plaintiff v defendant (involves federal criminal and civil cases)</li> <li>Original jurisdiction</li> <li>94 US District Attorneys represent the federal government (headed by the Justice Department Attorney General)</li> </ul> Signup and view all the answers

<p>Federal system: SCOTUS &gt; Circuit Court of Appeals &gt; District Courts State system: Highest state courts (can move cases directly to SCOTUS) &gt; SCOTUS intermediate appellate courts &gt; state trial courts</p> Signup and view all the answers

<ol> <li>President nominates Justices</li> <li>Senate Judiciary Committee reviews the candidate and gives their informed decision to the Senate</li> <li>Senate approves or disapproves the appointment based off what the committee said as well as voting based off what a senator from the same state as the federal appointment votes (senatorial courtesy)</li> </ol> Signup and view all the answers

<p>&quot;Let the decision stand&quot; when we declare decisions based on past decisions of similar cases (precedents)</p> <ul> <li>Causes <em>continuity and consistency in law</em></li> </ul> Signup and view all the answers

<p>A precedent set in a higher court that must be followed by all lower courts</p> Signup and view all the answers

<p>Considering past decisions by distant district courts as a guiding basis for a decision (similar cases e.g. if district 9 votes yes on a similar case as district 2 then the 2nd district will be more likely or persuaded to vote the same way district 9 did)</p> Signup and view all the answers

<ol> <li>Precedent set by a different party ideology e.g. Roe v Wade - Republican judges came in and overturned because they were more conservative on the issue not liberal like the Democrats</li> <li>Bad decisions or changing times like how Plessy v Ferguson (separate but equal) was overturned by Brown v Board</li> </ol> Signup and view all the answers

<ol> <li>Writ of Certiorari - appeal why/how a lower court erred</li> <li>Cert pool -- justice clerk reviews the cerits selecting only the most important cases</li> <li>4 justices decide if they want to consider the case (rule of 4)</li> <li>Amicus Curiae Brief - Friend of the court; submitted by an outside source attempts to sway courts decision</li> <li>Oral arguments given</li> <li>Justice meet in conf at end of week -- given opinion <em>no formal vote still</em></li> <li>Once decision made, judicial opinions made, and now rely on other branches to enforce their decision</li> </ol> Signup and view all the answers

<p>Dissenting Opinion (A), Majority Opinion (B), Concurring Opinion (E)</p> Signup and view all the answers

<p>Burger Court</p> Signup and view all the answers

<p>Rehnquist Court</p> Signup and view all the answers

<p>Judges should decide cases based on the on-going changes in society.</p> Signup and view all the answers

<p>Only acting if there is a clear injury or violating of the Constitution</p> <ul> <li>Lets policy making to legislative and Executive only</li> <li>Emphasizes precedent and stare decisis</li> </ul> Signup and view all the answers

<ol> <li>Amending the Constitution which Court is meant to protect (e.g. Dred Scott ruling void due to 13th Amendment)</li> <li>Appoints by President, confirmed by Senate</li> <li>Congress can change the number of justices, therefore diluting ideological power</li> <li>While Congress cannot touch original jurisdiction without amending the Constitution, but can limit the scope of appellate jurisdiction</li> <li>No enforcement of their rulings</li> </ol> Signup and view all the answers

<ul> <li>Personal guarantees and freedoms that government cannot abridge by any means</li> <li>Guarantees the &quot;freedom to&quot; action, place limitations on the power of government to restrain or dictate an individual's action</li> </ul> Signup and view all the answers

<p>Government-protected rights of individuals against arbitrary or discriminatory treatment by government or individuals</p> Signup and view all the answers

<p>Guarantees protection of liberties and rights by explicitly listing them</p> Signup and view all the answers

<p>Freedom of speech, press, assembly, and petition -- also prohibits Congress from establishing a national religion or prohibiting free exercise of religion of the people)</p> Signup and view all the answers

<p>Right to bear arms</p> Signup and view all the answers

<p>Granted equal protection</p> <blockquote> <p>Affected the BoR as initially they were checks against encroachments by the federal government upon liberties but after it included state government</p> </blockquote> Signup and view all the answers

<p>States that the government shall not deny a person their rights without due process (a legal proceeding). (apart of 14th amendment along side equal protection clause)</p> Signup and view all the answers

<p>Process by which SCOTUS applies provision of BoR to states thru due process clause (basically saying uses the first 10 amendments to suppress states from moving rights without a reason)</p> Signup and view all the answers

<p>Forbids establishment of any national religion (Engel v Vitale)</p> Signup and view all the answers

<p>Congress shall make no law prohibiting the free exercise of religion (Wisconsin v Yoder)</p> Signup and view all the answers

<ul> <li>Symbolic speech: nonverbal actions that express a viewpoint sometimes on controversial issues</li> <li>Vietnam protests: wearing a jacket that says f--k the draft was protected speech (Tinker v Des Moines)</li> </ul> Signup and view all the answers

<ul> <li>Obscene speech: difficult to define, usually sexually in nature</li> <li>Defamatory speech</li> <li>Vietnam protests: destroying draft card (destruction of government-issued document) (Schenck v US)</li> </ul> Signup and view all the answers

<ul> <li>Free press: people have the right to give and receive published information without government interference unless it invites danger</li> </ul> Signup and view all the answers

<p>Libel: false statements that damage a person's reputation could be sued (&quot;breathing space&quot; allowed if published information has <em>unintended inaccuracies</em>)</p> Signup and view all the answers

<p>Right to stop printed and spoken expression in advance ex: if it can expose a military or national security secret HOWEVER government does not have exclusive power to utilize prior restraint (NY Times v US)</p> Signup and view all the answers

Establishes the Supreme Court, federal courts, and ensures judicial independence through lifetime tenure and protection against salary reductions.

Established the separation between state and federal courts, creating a dual system.

Expands the Supreme Court's jurisdiction to include cases involving ambassadors, public ministers, disputes between states, and cases affecting the U.S.

The power of a court to hear a case for the first time.

The power of a court to review a decision made by a lower court.

Possesses both original and appellate jurisdiction, hears appeals from lower courts, and its decisions become law.

13 regional circuits with appellate jurisdiction, using the Writ of Certiorari to request review from the Supreme Court.

94 courts with original jurisdiction in federal criminal and civil cases.

Federal courts: Supreme Court > Circuit Courts > District Courts; State courts often have a similar hierarchy, allowing direct appeal to SCOTUS in certain cases.

President nominates, Senate Judiciary Committee reviews, and the full Senate confirms or rejects the appointment.

The legal principle that courts should follow previous rulings similar cases; promotes continuity and consistency of law.

A precedent set by a higher court that lower courts must follow.

Decisions from lower courts or other jurisdictions that inform a court's decision, but are not strictly required to follow.

Precedents can be overturned due to changing societal values or recognized errors in past decisions.

Starts with a Writ of Certiorari, 4 justices needed to agree for review, amicus curiae briefs, oral arguments, justices discuss, render opinions (majority, concurring, dissenting).

Majority (the ruling), concurring (agreement with exceptions), and dissenting (disagreement).

Burger Court

Rehnquist Court

Judges should actively shape policy based on societal changes when appropriate.

Judges should only act if clear constitutional violation, respecting precedent(stare decisis).

Amendments, presidential appointments (Senate confirmation), Congress can shape courts' power.

Personal freedoms protected from government infringement.

Government-protected rights to ensure fair and equal treatment.

The first ten amendments to the Constitution, protecting specific rights for individuals.

Grants equal protection and due process under state law; significantly impacted how the Bill of Rights applies to states.