AP Gov’t UNIT VII

“Mile-a-Minute Mini Lecture”

THE JUDICIAL BRANCH

Chapter 4: Civil Liberties & Public PolicyI. The Bill of Rights and the States - Then and Now pg.

100 • Barron v. Baltimore = States aren’t restricted by B of R• 14th Amendment added• Gitlow v. NY = States must abide by some of the B of R• Incorporation Doctrine (a.k.a. Selective Incorporation)

II. Freedom of Religion pg. 102A. The Establishment Clause

Lemon v. KurtzmanEngel v. Vitale

B. The Free Exercise Clause: “Compelling Interest” Test

Chapter 4: Civil Liberties & Public PolicyIII. Freedom of Expression pg. 109A. Prior Restraint – Near v. MNB. Free Speech and Public Order – Schenck v. US C. Free Press and Fair Trials – Zucher v. Stanford

DailyD. Obscenity – Roth v. US & Miller v. CAE. Libel and Slander – NY Times v. SullivanF. Symbolic Speech – Texas v. JohnsonG. Commercial Speech – FTCH. Regulation of the Public Airwaves - FCCIV. Freedom of Assembly pg. 120 • Time, place & manner restrictions• Right to associate – NAACP v. AL

Chapter 4: Civil Liberties & Public PolicyV. Defendants’ Rights pg. 122“WHAT YOU NEED TO KNOW ABOUT DEFENDANTS’ RIGHTS”

= you need this handout!A. Interpreting Defendants’ Rights – protections at

every stageB. Searches and Seizures – 4th Amendment & Mapp v.

OHC. Self-incrimination – 5th Amendment & Miranda v. AZD. The Right to Counsel – 6th Amendment & Gideon v.

WainwrightE. Trial by Jury – usually settled by plea bargainingF. Cruel and Unusual Punishment – 8th Amendment &

Gregg v. Georgia / McCleskey v. Kemp

Chapter 4: Civil Liberties & Public PolicyVI. The Right to Privacy pg. 130A. Is There a Right to Privacy?

Griswold v. CT9th AmendmentB. Controversy over Abortion - Roe v. Wade1st Trimester: No state restrictions2nd Trimester: States can regulate (Planned

Parenthood v. Casey)3rd Trimester: States can ban

C. A Time to Live and a Time to DieVII. Understanding Civil Liberties pg. 135• Protections against government

Chapter 5: Civil Rights & Public PolicyI. Two Centuries of Struggle pg. 142A. Conceptions of Equality

Equal opportunity v. equal resultsB. Early American Views of EqualityC. The Constitution and Inequality – 14th AmendmentII. Race, the Constitution, and Public Policy pg. 145A. The Era of Slavery

Dred Scott v. Sanford & 13th AmendmentB. The Era of Reconstruction and Resegregation

Plessy v. FergusonC. The Era of Civil Rights

Brown v. Board, Civil Rights Act 1964 & Voting Rights Act 1965

Chapter 5: Civil Rights & Public PolicyD. Getting and Using the Right to Vote

15th AmendmentSouthern States used various barriers…

Poll TaxesWhite PrimaryVoter Literacy Tests – aka Voter Registration TestsGrandfather Clause

17th Amendment19th Amendment23rd Amendment24th Amendment26th Amendment

Now, any law that treats different categories of people differently, must meet certain standards…

The 3 Levels of Judicial Scrutiny:

1. Race = Inherently suspect (Red Light) Example: Affirmative Action

2. Gender = Intermediate standard (Yellow Light) Example: Male-only draft

3. Other = Reasonableness (Green Light) Example: Age limits on police officers

Chapter 5: Civil Rights & Public PolicyIII. Women, the Constitution, and Public Policy pg. 157A. The Battle for the Vote – 19th AmendmentB. The “Doldrums”: 1920-1960: ERA Round 1C. The Second Feminist Wave:

Reed v. Reed & Craig v. BorenERA Round 2

D. Women in the Workplace: Civil Rights Act of 1964E. Wage Discrimination and Comparable WorthF. Women in the MilitaryG. Sexual Harassment

Chapter 5: Civil Rights & Public PolicyIV. Other Minority Groups – moving toward a

minority majority• Native Americans• Hispanic Americans – largest minority &

issue of illegal immigration • Asian Americans – Korematsu v. US

Chapter 5: Civil Rights & Public PolicyV. Newly Active Groups Under the Civil Rights

Umbrella pg. 164A. Civil Rights and the Graying of AmericaB. Are the Young a Disadvantaged Group Too?C. Civil Rights and the People with Disabilities –

Americans with Disabilities Act of 1990D. Gay and Lesbian RightsV. Affirmative Action pg. 169• Regents of UC CA v. Bakke

VI. Understanding Civil Rights and Public Policy pg. 172• Rights = gov’t must be hands on

14th Amendment Review

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

Chapter 16: The Federal CourtsI. The Nature of the Judicial System pg. 504A. Introduction – civil law v. criminal lawB. Participants in the Judicial System

Litigation & litigantsPlaintiff & defendantClass action lawsuits & amicus curiae briefsJusticiable disputes & real cases

II. The Structure of the Federal Judicial System pg. 507

“WHAT YOU NEED TO KNOW ABOUT GETTING YOUR CASE TO THE SUPREME COURT” = you need this handout!

A. Introduction – Article III & Judiciary Act of 1789

Chapter 16: The Federal CourtsB. District Courts – 91

Trial courts = original jurisdictionFederal magistrates, US attorneys, US Marshals

C. Courts of Appeal – 12Circuit Courts = appellate jurisdictionDetermine errors in due processUsually hear cases in front of panels of 3 judges

D. The Supreme Court – 1Have rare original jurisdiction & appellate

jurisdictionAll 9 justices hear cases & decide with a majority

vote

Chapter 16: The Federal CourtsIII. The Politics of Judicial Selection pg. 511A. Introduction

President’s chance to leave his mark & patronageB. The Lower Courts – senatorial courtesyC. The Supreme Court – Senate Judiciary

CommitteeIV. The Backgrounds of Judges and Justices pg. 516

Lawyers with judicial experienceGeography? Religion? Race? Gender? Same party as appointing president

V. The Courts as Policymakers pg. 520• Solicitor General / writs of certiorari / doctrine of

political questions

A. Accepting Cases

B. Making Decisions

Chapter 16: The Federal Courts• C. Implementing Court Decisions

Interpreting Population Implementing Population Consumer Population

VI. The Courts and the Policy Agenda pg. 527A. Introduction

Era 1: Legitimacy of the Federal Gov’t Era 2: Role of the gov’t in the economy Era 3: Civil rights & personal liberty

Chapter 16: The Federal CourtsB. An Historical Review

Marbury v. MadisonFDR & Court packing Warren Court & judicial activism

VII. Understanding the Courts pg. 532A. The Courts and Democracy

Elite groupNot elected & salaries can’t be reducedServe for life & are difficult to remove

B. What Courts Should Do: The Scope of Judicial PowerJudicial activism v. judicial restraintStrict constructionism v. living documentNote: “WHAT YOU NEED TO KNOW ABOUT RANDOM

MATH & BONUS LATIN” = you need this handout!