Government Notes PDF

Summary of Notes (Sections 6, 8, and 9) ​ Section 6 (First Amendment Clauses: Free Exercise & Establishment)​ The Free Exercise Clause protects individuals' rights to practice their religion freely, while the Establishment Clause prevents the government from endorsing or establ...

Summary of Notes (Sections 6, 8, and 9) ​ Section 6 (First Amendment Clauses: Free Exercise & Establishment)​ The Free Exercise Clause protects individuals' rights to practice their religion freely, while the Establishment Clause prevents the government from endorsing or establishing a religion. Court cases like Wisconsin v. Yoder(which ruled that Amish children could not be forced to attend school past eighth grade due to religious beliefs) and Engel v. Vitale (which struck down school-sponsored prayer) highlight these clauses in action. ​ Section 8 (Privacy & Rights Extensions by the Supreme Court)​ The Supreme Court has recognized an implied right to privacy through decisions like Roe v. Wade, which legalized abortion by linking privacy to the Due Process Clause of the 14th Amendment. Other cases, such as Griswold v. Connecticut, established that the government cannot interfere with personal marital decisions. Additionally, the Court has extended rights for criminal defendants through rulings like Miranda v. Arizona (requiring suspects to be informed of their rights). ​ Section 9 (Protections in Article I of the Constitution)​ Article I provides protections such as habeas corpus (protection against unlawful detention), ex post facto laws(prohibiting laws that criminalize past actions retroactively), and bills of attainder (preventing laws that impose punishments without a trial). These ensure individual rights and limit government overreach. How does a case make its way through the federal court system?​ A case starts in a district court, can be appealed to a circuit court, and may reach the Supreme Court if granted a writ of certiorari. What limits have been placed on freedom of speech?​ The government can limit speech if it incites violence (Schenck v. U.S. – "clear and present danger"), is obscene (Miller v. California), or defamatory (New York Times Co. v. Sullivan). What is the Constitutional basis for Selective Incorporation?​ The 14th Amendment's Due Process Clause allows the Supreme Court to apply the Bill of Rights to states. How does Selective Incorporation apply to the dynamic of power between states and the federal government?​ It restricts states from infringing on fundamental rights by making federal protections apply at the state level. How has the Supreme Court ruled on prior restraint?​ It has ruled against it in cases like New York Times Co. v. U.S., which allowed publication of the Pentagon Papers. What is the difference between the Free Exercise and Establishment Clause of the 1st Amendment?​ The Free Exercise Clause protects religious practice (Wisconsin v. Yoder), while the Establishment Clause prevents government endorsement of religion (Engel v. Vitale). How have each of the Amendments been incorporated in the Bill of Rights?​ Through Selective Incorporation, many amendments (like the 2nd in McDonald v. Chicago and the 6th in Gideon v. Wainwright) have been applied to states. How has the Supreme Court ruled on privacy?​ It recognized a right to privacy in Griswold v. Connecticut and expanded it in Roe v. Wade. What are the protections of individual rights in Article I of the Constitution?​ Prohibitions against ex post facto laws, bills of attainder, and protections like habeas corpus. How has the Supreme Court extended rights for criminal defendants?​ Through cases like Gideon v. Wainwright (right to an attorney) and Miranda v. Arizona (Miranda rights). How does the exclusionary rule protect the 4th Amendment?​ It prevents illegally obtained evidence from being used in court (Mapp v. Ohio). How has the government extended rights for those with disabilities?​ Through laws like the Americans with Disabilities Act (ADA) and Supreme Court decisions enforcing accessibility. How did the civil rights movement fight for racial equality?​ Through legal victories (Brown v. Board), nonviolent protests (Letter from Birmingham Jail), and legislation (Civil Rights Act of 1964). When and how does the Letter from Birmingham Jail suggest civil disobedience should take place?​ Martin Luther King Jr. argues civil disobedience is justified when laws are unjust and must be challenged peacefully. What is the difference between de jure and de facto segregation?​ De jure segregation is legally mandated (e.g., Jim Crow laws), while de facto segregation occurs through societal patterns. How did the women’s rights movement fight for gender equality?​ Through advocacy, legal battles (Roe v. Wade), and legislative changes (Title IX). What is the difference between judicial activism and restraint?​ Judicial activism promotes broad interpretation to advance justice, while judicial restraint adheres to the Constitution’s strict text. How does a case reach the Supreme Court?​ Most cases require a writ of certiorari, granted when four justices agree (Rule of Four). How does the Supreme Court make policy?​ Through judicial review, overturning laws (Marbury v. Madison) and interpreting constitutional rights (Brown v. Board). How does Congress and the Executive Branch check the Supreme Court?​ Congress can pass new laws or amendments, and the President appoints justices (subject to Senate approval). How is the federal court system organized?​ It consists of district courts, circuit courts (appeals courts), and the Supreme Court. Why are federal judges appointed and not elected?​ To insulate them from political pressure and ensure judicial independence. How has the Supreme Court ruled on affirmative action?​ It upheld some programs (Grutter v. Bollinger) while striking down quotas (Regents of UC v. Bakke). When the Court writes an opinion, what goes into dissenting, concurring, and majority opinions? ​ Majority opinion: Legal reasoning of the Court’s decision. ​ Concurring opinion: Agreement with the majority but different reasoning. ​ Dissenting opinion: Disagreement with the ruling. How is the Senate involved in the appointment process?​ It must confirm judicial nominees, sometimes using senatorial courtesy. What does Federalist 78 say about the court system?​ It argues the judiciary is the weakest branch but essential for enforcing the Constitution through judicial review. Civil Rights – The protections and privileges guaranteed to individuals against discrimination based on race, gender, disability, or other characteristics, enforced primarily through legislation like the Civil Rights Act of 1964 and court rulings. Civil Liberties – Fundamental freedoms and protections from government interference, such as freedom of speech, religion, and privacy, primarily derived from the Bill of Rights. Bill of Rights – The first ten amendments to the U.S. Constitution that outline fundamental civil liberties, such as freedom of speech, the right to bear arms, and protection from unreasonable searches. 14th Amendment – Ratified in 1868, it guarantees due process and equal protection under the law, playing a key role in Selective Incorporation and civil rights cases. Equal Protection Clause – A section of the 14th Amendment that ensures all individuals are treated equally under the law, forming the basis of rulings like Brown v. Board of Education. Due Process Clause – Found in both the 5th and 14th Amendments, it prevents the government from depriving individuals of life, liberty, or property without fair legal procedures. Selective Incorporation – The process by which the Supreme Court applies provisions of the Bill of Rights to state governments through the 14th Amendment's Due Process Clause. Free Exercise Clause – A component of the First Amendment that protects individuals' rights to practice their religion freely, as upheld in Wisconsin v. Yoder. Establishment Clause – Part of the First Amendment, prohibiting the government from establishing or endorsing a religion, as reinforced in Engel v. Vitale. Exclusionary Rule – A legal principle from Mapp v. Ohio that prohibits the use of illegally obtained evidence in court. Miranda Rights – The rights read to individuals upon arrest, ensuring they are aware of their right to remain silent and have an attorney, established in Miranda v. Arizona. Americans with Disabilities Act (ADA) – A 1990 law that prohibits discrimination against individuals with disabilities and mandates accessibility in public spaces. Civil Rights Act of 1964 – Landmark legislation that outlawed racial segregation and discrimination based on race, sex, religion, or national origin. Title IX – A federal law that prohibits gender-based discrimination in education, particularly in sports and funding. Affirmative Action – Policies designed to promote opportunities for historically marginalized groups, upheld in Grutter v. Bollinger but restricted in Regents of UC v. Bakke. De Jure Segregation – Racial segregation enforced by law, such as in the Jim Crow laws, declared unconstitutional in Brown v. Board of Education. De Facto Segregation – Racial segregation that occurs due to social or economic factors rather than legal mandates. Letter from Birmingham Jail – A letter written by Martin Luther King Jr. defending civil disobedience and urging action against racial injustice. Federalist 78 – An essay by Alexander Hamilton arguing for an independent judiciary and emphasizing the necessity of judicial review to check the other branches of government.