AP Gov SCOTUS comparison FRQ key terms

Judicial Review → Definition?

The power of courts to invalidate laws and government actions that are unconstitutional.

True or False: SCOTUS can create laws.

False. SCOTUS interprets laws, but does not create them.

Fill in the blank: The principle of __________ allows SCOTUS to review state laws.

Supremacy Clause. It establishes federal law as the supreme law of the land.

Compare Original Jurisdiction and Appellate Jurisdiction.

Original Jurisdiction: cases heard first by SCOTUS. Appellate Jurisdiction: cases appealed to SCOTUS.

What does the term 'Stare Decisis' mean?

The legal principle of determining points in litigation according to precedent.

Cause → Effect: Judicial Activism leads to?

More progressive rulings that often expand rights and liberties.

Question: What role does the Chief Justice play?

Leads the business of the Supreme Court, presides over oral arguments, and sets the agenda.

What is a writ of certiorari?

An order by a higher court directing a lower court to send up a case for review.

True or False: All Supreme Court justices must agree on a decision.

False. Decisions can be made with a majority and can include dissenting opinions.

What is the significance of 'Amicus Curiae' briefs?

They are submitted by non-parties to provide additional perspectives and information to the court.

Question: What is a dissenting opinion?

A separate opinion written by justices who disagree with the majority decision.

Example of judicial restraint?

Limiting the role of courts in policy-making; deferring to elected branches.

What is the role of the Solicitor General?

Represents the federal government in SCOTUS cases and helps shape its legal policies.

Cause → Effect: A case accepted for review can lead to?

A landmark decision that establishes new legal precedents.

Compare concurring opinion and dissenting opinion.

Concurring opinion agrees with the majority but for different reasons; dissenting disagrees.

What does 'standing' refer to in legal terms?

The legal right to initiate a lawsuit; a party must have a stake in the outcome.

Brown v. Board of Education (1954) → significance?

This case declared racial segregation in public schools unconstitutional, reversing Plessy v. Ferguson's 'separate but equal' doctrine.

True or False: Roe v. Wade (1973) legalized abortion nationwide.

True. The Court ruled that a woman's right to choose an abortion is protected by the right to privacy.

Compare: Marbury v. Madison vs. McCulloch v. Maryland

Marbury established judicial review; McCulloch affirmed federal supremacy and implied powers.

Fill in the blank: The outcome of _______ v. Arizona established the Miranda rights.

Miranda v. Arizona. It requires police to inform suspects of their rights during arrests.

What did the Voting Rights Act of 1965 accomplish?

It aimed to eliminate barriers to voting for African Americans, enforcing the voting rights guaranteed by the 14th and 15th Amendments.

Gideon v. Wainwright (1963) → main ruling?

The Court ruled that the Sixth Amendment guarantees the right to counsel in criminal cases, even if a defendant cannot afford an attorney.

Cause → Effect: What was the effect of Loving v. Virginia (1967)?

It invalidated laws prohibiting interracial marriage, affirming the right to marry as fundamental.

What did the case Tinker v. Des Moines (1969) address?

The Court upheld students' rights to free speech in schools, allowing students to wear armbands protesting the Vietnam War.

True or False: United States v. Nixon (1974) limited presidential power.

True. The Court ruled that the president is not above the law, leading to Nixon's resignation.

Fill in the blank: The case of _______ established the principle of 'one person, one vote.'

Baker v. Carr. It addressed redistricting and representation based on population.

What was the ruling in Obergefell v. Hodges (2015)?

The Court ruled that same-sex marriage is a constitutional right under the Fourteenth Amendment, legalizing it nationwide.

Compare: Plessy v. Ferguson vs. Brown v. Board of Education.

Plessy upheld segregation (1896); Brown declared it unconstitutional, marking a pivotal civil rights victory (1954).

What is judicial activism?

Judicial activism is when courts interpret the Constitution broadly, often to address social issues. It can lead to significant changes in law and policy.

Compare judicial restraint and activism.

Judicial restraint: - Limited role of courts - Upholds laws unless clearly unconstitutional Judicial activism: - Active role in policy - Intervenes in social issues

True or False: Judicial activism always aligns with liberal ideologies.

False. While often associated with liberalism, judicial activism can also reflect conservative goals, depending on the issue.

Fill in the blank: Originalism emphasizes __________ of the Constitution as intended by its framers.

the original meaning

What is the effect of originalism on court decisions?

Originalism may lead to limiting the interpretation of rights and powers, potentially restricting progressive legal changes.

What is textualism?

Textualism focuses on the plain meaning of the text of the law, disregarding legislative intent or broader social implications.

Cause → Effect: What is the cause of judicial activism?

Judicial activism often arises from perceived failures in legislative action, prompting courts to step in to protect rights.

What role does precedent play in judicial philosophies?

Precedent influences both judicial activism and restraint. Activists may challenge it; restraint advocates typically uphold it.