THE JUDICIAL BRANCH

1. THE JUDICIAL BRANCH AP Gov’t UNIT VII “Mile-a-Minute Mini Lecture”

2. Chapter 4: Civil Liberties & Public Policy I. 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. 102 • A. The Establishment Clause • Lemon v. Kurtzman • Engel v. Vitale • B. The Free Exercise Clause: “Compelling Interest” Test

3. Chapter 4: Civil Liberties & Public Policy III. Freedom of Expression pg. 109 • A. Prior Restraint – Near v. MN • B. Free Speech and Public Order – Schenck v. US • C. Free Press and Fair Trials – Zucher v. Stanford Daily • D. Obscenity – Roth v. US & Miller v. CA • E. Libel and Slander – NY Times v. Sullivan • F. Symbolic Speech – Texas v. Johnson • G. Commercial Speech – FTC • H. Regulation of the Public Airwaves - FCC IV. Freedom of Assembly pg. 120 • Time, place & manner restrictions • Right to associate – NAACP v. AL

4. Chapter 4: Civil Liberties & Public Policy V. Defendants’ Rights pg. 122 “WHAT YOU NEED TO KNOW ABOUT DEFENDANTS’ RIGHTS” = you need this handout! • A. Interpreting Defendants’ Rights – protections at every stage • B. Searches and Seizures – 4th Amendment & Mapp v. OH • C. Self-incrimination – 5th Amendment & Miranda v. AZ • D. The Right to Counsel – 6th Amendment & Gideon v. Wainwright • E. Trial by Jury – usually settled by plea bargaining • F. Cruel and Unusual Punishment – 8th Amendment & Gregg v. Georgia / McCleskey v. Kemp

5. Chapter 4: Civil Liberties & Public Policy VI. The Right to Privacy pg. 130 • A. Is There a Right to Privacy? • Griswold v. CT • 9th Amendment • B. Controversy over Abortion - Roe v. Wade • 1st Trimester: No state restrictions • 2nd Trimester: States can regulate (Planned Parenthood v. Casey) • 3rd Trimester: States can ban • C. A Time to Live and a Time to Die VII. Understanding Civil Liberties pg. 135 • Protections against government

6. Chapter 5: Civil Rights & Public Policy I. Two Centuries of Struggle pg. 142 • A. Conceptions of Equality • Equal opportunity v. equal results • B. Early American Views of Equality • C. The Constitution and Inequality – 14th Amendment II. Race, the Constitution, and Public Policy pg. 145 • A. The Era of Slavery • Dred Scott v. Sanford & 13th Amendment • B. The Era of Reconstruction and Resegregation • Plessy v. Ferguson • C. The Era of Civil Rights • Brown v. Board, Civil Rights Act 1964 & Voting Rights Act 1965

7. Chapter 5: Civil Rights & Public Policy • D. Getting and Using the Right to Vote • 15th Amendment • Southern States used various barriers… • Poll Taxes • White Primary • Voter Literacy Tests – aka Voter Registration Tests • Grandfather Clause • 17th Amendment • 19th Amendment • 23rd Amendment • 24th Amendment • 26th Amendment

8. Now, any law that treats different categories of people differently, must meet certain standards… The 3 Levels of Judicial Scrutiny: • 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

9. Chapter 5: Civil Rights & Public Policy III. Women, the Constitution, and Public Policy pg. 157 • A. The Battle for the Vote – 19th Amendment • B. The “Doldrums”: 1920-1960: ERA Round 1 • C. The Second Feminist Wave: • Reed v. Reed & Craig v. Boren • ERA Round 2 • D. Women in the Workplace: Civil Rights Act of 1964 • E. Wage Discrimination and Comparable Worth • F. Women in the Military • G. Sexual Harassment

10. Chapter 5: Civil Rights & Public Policy IV. Other Minority Groups – moving toward a minority majority • Native Americans • Hispanic Americans – largest minority & issue of illegal immigration • Asian Americans – Korematsu v. US

11. Chapter 5: Civil Rights & Public Policy V. Newly Active Groups Under the Civil Rights Umbrella pg. 164 • A. Civil Rights and the Graying of America • B. Are the Young a Disadvantaged Group Too? • C. Civil Rights and the People with Disabilities – Americans with Disabilities Act of 1990 • D. Gay and Lesbian Rights V. 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

12. Equal Protection Clause: “… nor deny to any person within its jurisdiction the equal protection of the laws.” 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 • Brown v. Board of Education • Reed v. Reed • Craig v. Boren • Baker v. Carr • Regents of University of California v. Bakke • Roe v. Wade

13. Chapter 16: The Federal Courts I. The Nature of the Judicial System pg. 504 • A. Introduction – civil law v. criminal law • B. Participants in the Judicial System • Litigation & litigants • Plaintiff & defendant • Class action lawsuits & amicus curiae briefs • Justiciable 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

14. Chapter 16: The Federal Courts • B. District Courts – 91 • Trial courts = original jurisdiction • Federal magistrates, US attorneys, US Marshals • C. Courts of Appeal – 12 • Circuit Courts = appellate jurisdiction • Determine errors in due process • Usually hear cases in front of panels of 3 judges • D. The Supreme Court – 1 • Have rare original jurisdiction & appellate jurisdiction • All 9 justices hear cases & decide with a majority vote

16. Chapter 16: The Federal Courts III. The Politics of Judicial Selection pg. 511 • A. Introduction • President’s chance to leave his mark & patronage • B. The Lower Courts – senatorial courtesy • C. The Supreme Court – Senate Judiciary Committee IV. The Backgrounds of Judges and Justices pg. 516 • Lawyers with judicial experience • Geography? Religion? • Race? Gender? • Same party as appointing president V. The Courts as Policymakers pg. 520 • Solicitor General / writs of certiorari / doctrine of political questions

17. A. Accepting Cases

18. B. Making Decisions

19. Chapter 16: The Federal Courts • C. Implementing Court Decisions • Interpreting Population • Implementing Population • Consumer Population VI. The Courts and the Policy Agenda pg. 527 • A. 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

20. Chapter 16: The Federal Courts • B. An Historical Review • Marbury v. Madison • FDR & Court packing • Warren Court & judicial activism VII. Understanding the Courts pg. 532 • A. The Courts and Democracy • Elite group • Not elected & salaries can’t be reduced • Serve for life & are difficult to remove • B. What Courts Should Do: The Scope of Judicial Power • Judicial activism v. judicial restraint • Strict constructionism v. living document • Note: “WHAT YOU NEED TO KNOW ABOUT RANDOM MATH & BONUS LATIN” = you need this handout!