Chapter 16 Focus Lesson
"The Federal Courts"
AP Course Description
I.
II.
III.
Institutions of National Government: The Congress, the Presidency, the
Bureaucracy, and the Federal Courts
A. The major formal and informal institutional arrangements of power
B. Relationships among these four institutions, and varying balances of
power
C.
Linkages between institutions and the following:
1. Public opinion and voters
2. Interest groups
3. Political parties
4. The media
5. Subnational governments
Public Policy
A. The role of the courts in policy implementation and interpretation
Civil Rights and Civil Liberties
A. The development of civil liberties and civil rights by judicial interpretation
Key Components
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Instructor's Manual: pp. 318–347
Study Guide: pp. 302–324
Test Bank: pp. 535–570
Key Web Sites
Given the changing nature of the Internet, you may wish to preview these sites.
Always check the Online Companion Web site for updated Web references.
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Legal Information Institute: Supreme Court Collection - Supreme Court decisions,
schedule, rules of the Court
The Oyez Project - hear oral arguments before the Supreme Court at this site
U.S. Courts: The Federal Judiciary - explains organization, operation, and
administration of the federal court system
National Archives and Records Administration: Constitutional Issues: Separation
of Powers
Key Words and Terms
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standing to sue
appellate jurisdiction
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senatorial courtesy
solicitor general
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class action suits
justiciable disputes
district courts
judicial review
Marbury v. Madison
amicus curiae briefs
judicial restraint
original jurisdiction
courts of appeal
Supreme Court
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stare decisis
opinion
precedent
judicial implementation
original intent
judicial restraint
judicial activism
United States v. Nixon
political questions
statutory construction
Suggested Pacing
Allow four class periods on a 45-minute traditional bell schedule or two classes
on a 90-minute block schedule. Refer also to Chapters 4 and 5 in teaching this
chapter.
Test Strategy
All four essays on the AP Government and Politics exam carry the same weight
and together they account for 50 percent of the composite score. Students
should know that they do not need to write the essays in the order in which they
appear on the test. Students should skim the questions first and choose the order
in which they will answer them, leaving the most difficult one for last. Students
need to be sure to write the number of each essay question at the beginning of
the essay.
Key Concepts
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Stare decisis
In judicial decision making, the principle of stare decisis is the basis for the
majority of decisions that appellate courts makes—that is, most decisions are to
let the previous decision stand. The Supreme Court also relies heavily on
precedent as a guide to current decisions. The Supreme Court may overrule its
own precedents but has done so no more than 200 times. Courts do have an
important policymaking role. Many scholars and judges favor of judicial restraint
while others favor judicial activism. Judges either adhere closely to precedents or
make bolder decisions, often charting new Constitutional grounds. The Warren
Court, with many of its civil rights decisions, is considered an activist court.
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Court test
Not everyone can challenge a law. Plaintiffs must have standing to sue—that is,
they must have a serious interest in the case. Such an interest would depend on
whether they have sustained or are likely to sustain a direct and substantial injury
from a party or an action of government. Conflicts must not only arise from actual
cases between persons with standing in Court, but they must also be justiciable
disputes—issues that can be settled by legal methods.
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Senatorial courtesy
The Senate usually handles federal judicial nominations at the state level through
senatorial courtesy. Senatorial courtesy is an unwritten custom whereby the
nominations for state-level federal judicial posts are not confirmed if they are
opposed by the senator from the state in which the nominee will serve.
Summing Up Student Understanding
Provide students with an opportunity to simulate an essay on the AP exam by
giving them the following prompt. They are to plan and write their essay in 25
minutes.
Compare the strengths and weaknesses of the federal judiciary as a political
institution. Consider the powers that they have and those that they lack as well
as how these compare to the powers of the other branches of government.
As a hint, suggest students construct a table during their planning time to list the
various items that they are discuss.