FRQ Review!
UNIT VII:
THE JUDICIARY, CIVIL
LIBERTIES & CIVIL
RIGHTS
2000
 The Supreme Court is commonly thought to be
“above politics.” However, one can argue that the
appointment of Supreme Court justices is political.
A.
B.
Identify three characteristics of Supreme Court nominees
and discuss how each characteristic has been politically
relevant during the appointment process.
Identify two methods that have been used by interest
groups to influence the appointment process. Explain how
each of these methods has been used to influence that
process.
Check your Ch. 16 Notes
Politically relevant characteristics of Supreme Court nominees …
 Acceptability to the Senate –
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more difficult if Divided
Gov’t
Age
Qualifications – American
Bar Association ratings &
DOJ background check
Ideology - a match with the
appointing president?
Important!
Issue orientation – i.e.
Abortion as litmus test
 Judicial experience - often
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held office as a judge or
prosecutor
Party identification - same
as appointing president
Region – Was important
Religion – Was important
Race - Now important
Gender - Now important
Reputation
Role (activist v. restraint)
Check your Ch. 11 Notes (Interest Groups)
 Campaign contributions ( To White House or
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Senate)
Advertizing
Use of the media
Press Conferences
Lobbying (MUST be White House or Senate)
Protests / demonstrations
Issuing ratings
Talk shows
Rallying their members (mass mobilization)
2001
 Many scholars and observers have argued that the ratification
of the Fourteenth Amendment to the Constitution has become
the single most important act in all of United States politics.
A.
Identify which provision of the 14th Amendment was applied in one of
the following Supreme Court cases. For the case you select, explain the
significance of the decision in United States politics.
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B.
Brown v. Board of Education
Baker v. Carr
Regents of the University of California v. Bakke
Identify which provision of the 14th Amendment was applied in one of
the following Supreme Court cases. For the case you select, explain the
significance of the decision in United States politics.
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Mapp v. Ohio
Gideon v. Wainwright
Miranda v. Arizona
Check your Ch. 4 Notes, Ch. 5 Notes & Case Cards
See “What You Need to Know About Defendants’ Rights”

Due Process Clause:
“…nor shall any state deprive
any person of life, liberty or
property without due
process of law”
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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.”
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Brown v. Board of
Education
Reed v. Reed
Craig v. Boren
Baker v. Carr
Regents of University
of California v. Bakke
Roe v. Wade
2002
Check your Ch. 5 Notes
 Political institutions can present both obstacles and
opportunities to racial minority groups in their efforts
to gain political influence.
A.
Identify one feature of one of the following and explain how that
feature has presented obstacles to racial minority groups in
their efforts to achieve political goals.
Federalism
 The United States political party system
 The United States electoral system
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B.
Identify one feature of one of the following and explain how that
feature might present opportunities to racial minority groups in
their efforts to achieve political goals.
Federalism
 The United States political party system
 The United States electoral system

Minority Rights & Federalism…
An Obstacle
An Opportunity
 States prevented voting
 Could appeal to federal
 State courts were hostile
level
 Civil liberties protected
by the US Constitution
 Geographic
concentration allows
for greater influence
 States controlled access
to voting
 States controlled
legislation managing
Police Powers (health,
safety, welfare & morals)
Minority Rights & The Political Party System…
An Obstacle
An Opportunity
 May take minority
 A valued constituency
votes for granted
 Use of the white
primary
 Lack of choice (only 2)
 Lack of party discipline
in enforcing adherence
to policies favorable to
minority groups
in one of the parties
 Open membership
Minority Rights & The Electoral System…
An Obstacle
An Opportunity
 Winner-take-all system
 Voting blocs (can be
makes it harder for
minority candidates to
win
 Redistricting / racial
gerrymandering
the margin of
difference in a close
election)
 Open voting system
 Minority redistricting /
racial gerrymandering
2005
 The judicial branch is designed to be more
independent of public opinion than are the
legislature or the executive. Yet, the United States
Supreme Court rarely deviates too far for too long
from prevalent public opinion.
A.
B.
Describe two ways in which the United States Supreme
Court is insulated from public opinion.
Explain how two factors work to keep the United States
Supreme Court from deviating too far from public opinion.
Check your Ch. 16 Notes
 Debate = Courts are not very democratic:
 Elite group
 Not elected & salaries can’t be reduced
 Serve for life & are difficult to remove
 Checks on Court’s Power:
 President appoints
 Senate confirms
 Congress & States can amend Constitution
 Congress can alter jurisdiction by creating courts
lower
than the Supreme Court
 In cases of Statutory Construction (judicial
interpretation of an act of Congress)- Congress can
clarify legislation
2005
 Initially, the United States Constitution did little to
protect citizens from actions of the states. In the
twentieth century, the Supreme Court interpreted the
Constitution to protect the rights of citizens from state
governments in a process referred to as incorporation.
A.
B.
Define selective incorporation.
For two of the following, explain how each has been
incorporated. Each of your explanations must be based on a
specific and relevant Supreme Court decision.
Rights of criminal defendants
 First Amendment
 Privacy rights
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Check your Ch. 4 Notes & Case Cards
See “What You Need to Know About Defendants’ Rights”
 Incorporation
Doctrine (aka Selective
Incorporation): slow
process of applying pieces
of the B of R to state
governments under the
authority of the 14th
Amendment using Test
Cases
 Rights of criminal
defendants
 Mapp v. OH
 Gideon v. Wainright
 Miranda v. AZ
 First Amendment
 Gitlow v. NY
 Engle v. Vitale
 Privacy rights
 Griswold v. CT
 Roe v. Wade
2007
 The First Amendment includes two clauses relating to the
freedom of religion.
Select one of the following cases and identify the First Amendment clause
upon which the United States Supreme Court based its decision.
A.
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Describe the Supreme Court’s decision in the case you selected in A.
Select one of the following cases and identify the First Amendment clause
upon which the United States Supreme Court based its decision.
B.
C.
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D.
E.
Engel v. Vitale
Lemon v. Kurtzman
Reynolds v. United States (polygamy)
Oregon v. Smith (drug use in religious ceremonies)
Describe the Supreme Court’s decision in the case you selected in C.
Many of these decisions have caused controversy in the United States.
Describe two ways in which other political institutions might limit the
impact of Supreme Court decisions.
Check your Ch. 4 & Ch. 16 Notes & Case Cards
 Establishment Clause
 Engel v. Vitale (school prayer)
 Lemon v. Kurtzman (test for using public $ in religious schools)
 Free Exercise Clause
 Reynolds v. United States (polygamy)
 Oregon v. Smith (drug use in religious ceremonies)
 Checks on Court’s Power:
 President appoints
 Senate confirms
 Congress & States can amend Constitution
 Congress can alter jurisdiction by creating courts lower than the
Supreme Court
 In cases of Statutory Construction (judicial interpretation of
an act of Congress)- Congress can clarify legislation
2008
 “The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude.”
~Fifteenth Amendment to the United States Constitution, 1870.
Despite the ratification of the Fifteenth Amendment, voter
turnout among African American citizens was very low
throughout the first half of the twentieth century. Over the past
50 years, civil rights policies have changed substantially, along
with a significant increase in African American voter turnout.
A.
B.
C.
Explain how two measures taken by some states prior to the 1960’s affects
voter turnout among African American citizens.
Facing discrimination at the voting booth, many African Americans turned
to alternative forms of political participation. Describe two alternative
forms of participation that helped bring about changes in civil rights
policies.
Choose one of the forms of participation you described in B and explain
why it was effective in changing civil rights policies.
Check your Ch. 5 Notes
(& Ch. 11 Interest Groups)
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Southern States used various barriers…
Poll Taxes: Small taxes used to pay for elections
 White Primary: Only whites allowed to vote in party primaries
(Court ends in 1944)
 Voter Literacy Tests – aka Voter Registration Tests.
 Grandfather Clause –if your grandfather was eligible to vote,
you could vote without passing a literacy test. If your
grandfather couldn’t vote (b/c he was a slave) you had to pass a
literacy test before you could vote.
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Alternative Forms of Participation
Demonstrations/ protests/ rallies / civil disobedience
 Interest Groups Activity (NAACP)
 Courts / litigation
 Boycotts
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2010
 The framers of the Constitution created a political system
based on limited government. The original Constitution
and the Bill of Rights were intended to restrict the
powers of the national government. Later constitutional
developments also limited the powers of the state
governments.
A.
Explain how each of the following two provisions in the Bill of
Rights limits the power of the national government.
Establishment clause
 Guarantee of a public trial
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B.
Choose one of the following and explain how it limits the power of
state governments.
Citizenship clause of the Fourteenth Amendment
 Selective incorporation
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Check your Ch. 4 & Ch. 5 Notes
 The Establishment Clause - “Congress shall make no law
respecting an establishment of religion”
 Guarantee of a Public Trial: Requiring trials to be open to
the public limits the government’s ability to violate the rights of
citizens
 Citizenship clause of the Fourteenth Amendment: “All
persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of
the State wherein they reside.” (Overturned Dred Scott v.
Sanford)
 Incorporation Doctrine (aka Selective Incorporation):
slow process of applying pieces of the B of R to state
governments under the authority of the 14th Amendment using
Test Cases
2011
 The United States Supreme Court receives many
appeals, but it hears and rules on a small percentage of
cases each year. Numerous factors influence the
actions of the Court, both in deciding to hear a case
and in the decisions it hands down.
A.
B.
C.
D.
Define judicial review.
Explain how judicial review empowers the Supreme Court
within the system of checks and balances.
Describe the process through which the Court grants a writ of
certiorari.
Explain how each of the following influences decisions made by
individual justices when deciding cases heard by the Court.
Stare decisis
 Judicial activism
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Check your Ch. 16 Notes
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Judicial Review: The power to declare acts of Congress &
the President unconstitutional
Writ of Certiorari: legal document issued by the Court to
call up a case from the lower courts. Requires an appeal and
the Rule of 4. See “What You Need to Know to Get Your
Case to the Supreme Court”
Stare decisis : let the previous decision stand unchanged =
most cases decided this way
Judicial activism: Judges should make bold policy
decisions & even chart new constitutional ground. Courts
may alleviate pressing needs of the politically or economically
weak
2012
 The judiciary branch is often assumed to be
insulated from politics. However, politics affects
many aspects of the judiciary.
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Describe two political factors that affect presidents’ decisions
to appoint members of the federal judiciary.
Identify two political factors that affect the confirmation
process of a president’s nominees and explain how each factor
complicates a confirmation
Explain how one legislative power serves as a check on court
decisions.
Explain how one executive power serves as a check on court
decisions.