Unit 3 Target Flashcards
Explain how other branches in the government can limit the Supreme Court’s power
• Legislative: Congress can modify the impact of prior Supreme Court decisions, Amendments to the Constitution
• Executive: Judicial appointments & confirmations, the president & states evading / ignoring Supreme Court decisions
Explain the principle of judicial review and how it checks the power of other institutions and state governments
The foundation for powers of the judicial branch and how its independence checks the power of other institutions and state governments are set forth in:
• Article III of the Constitution
• Federalist No. 78
• Marbury v. Madison
• Precedents and stare decisis play an important role in judicial decision making
Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power
• Controversial / unpopular court decisions can lead to challenges of the court’s legitimacy and power. Congress and the president can address only this through future appointments, legislation changing the court’s jurisdiction, or refusing to implement decisions
• Controversy about the Supreme Court’s power is shown by the ongoing debate over judicial activism vs judicial restraint
Explain how the U.S. Constitution and the Bill of Rights protect individual liberties and rights
• Civil liberties are constitutionally established guarantees & freedoms that protect citizens, opinions, and property against arbitrary government interference
• The application of the Bill of Rights is continuously interpreted by the courts.
Explain the extent to which the Supreme Court’s interpretation of the First and Second Amendments reflects a commitment to individual liberty
The interpretation & application of the First Amendment’s establishment and free exercise clauses reflect an ongoing debate over balancing majoritarian religious practice and free exercise, as represented by such cases as:
• Engel v. Vitale which declared school sponsorship of religious activities violates the establishment clause
• Wisconsin v. Yoder which held that compelling Amish students to attend school past the eighth grade violates the free exercise clause
• The Supreme Court has held that symbolic speech is protected by the First Amendment, demonstrated by Tinker v. Des Moines Independent Community School District in which the court ruled that public school students could wear black armbands in school to protest the Vietnam War
• In New York Times Co. v. United States the Supreme Court bolstered the freedom of the press, establishing a “heavy presumption against prior restraint” even in cases involving national security
• The Supreme Court’s decisions on the Second Amendment rest upon its constitutional interpretation of individual liberty
Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety
The due process clause has been applied to guarantee the right to an attorney and protection from unreasonable searches and seizures, as represented by:
• Gideon v. Wainwright which guaranteed the right to an attorney for the poor or indigent
• The exclusionary rule that stipulates evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment right to be free from unreasonable searches and seizures cannot be used against that suspect in criminal prosecution
• The court has interpreted the due process clause to protect the right of privacy from state infringement as represented by:
Roe v. Wade which extended the right of privacy to a woman’s decision to have an abortion while recognizing compelling state interests in potential life and maternal health
Explain the implications of the doctrine of selective incorporation.
The Court has on occasion ruled on enhancing states’ power over individual liberty in spite of selective incorporation, as represented by:
• Gitlow v. New York which held that while the First Amendment applies to the states via the 14th Amendment, the states may prohibit speech having a tendency to cause a danger to public safety
• The doctrine of selective incorporation has imposed limitations on state regulation of civil rights and liberties as represented by:
• McDonald v. Chicago which ruled the Second Amendment’s right to keep and bear arms for self-defense in one’s home is applicable to the states through the 14th Amendment
Explain the extent to which states are limited by the due process clause from infringing upon individual rights.
The due process clause has been applied to guarantee the right to an attorney and protection from unreasonable searches and seizures, as represented by:
• Gideon v. Wainwright which guaranteed the right to an attorney for the poor or indigent
• The exclusionary rule that stipulates evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment right to be free from unreasonable searches and seizures cannot be used against that suspect in criminal prosecution
• The court has interpreted the due process clause to protect the right of privacy from state infringement as represented by:
• Roe v. Wade which extended the right of privacy to a woman’s decision to have an abortion while recognizing compelling state interests in potential life and maternal health
Explain how constitutional provisions have supported and motivated social movements.
4th and 9th Amendements have been applied to a woman’s right to have an aboration
(right to privacy through the pro choice movement)
• Constitutional provisions: Equal Protection Clause & Affirmative Action
Explain how the government has responded to social movements.
Civil Rights Movement: government responded with two laws: Civil Rights Act of 1964 & Voting Rights Act of 1965
Explain how the Supreme Court has
at times allowed the restriction of the civil rights of minority groups and at other times has protected those rights.
Women’s and LGBT rights
Women: Equal pay and work, not dratfed
LGBT: Ruled that gay people can marry homeowners
