1.
Explain why the American judicial system is called an adversarial system.
2.
Identify the major actors in the judicial system and explain their functions and responsibilities.
3.
Describe the functions of federal district courts, courts of appeals, and the U.S. Supreme Court.
4.
Summarize judicial selection procedures for federal judges and justices.
5.
Describe the role of the courts as policymakers .
6.
Summarize procedure in the U.S. Supreme Court, including the “discuss list,” oral argument, the conference, and opinion writing.
7.
Explain the importance of opinion writing at the Supreme Court level and describe the different types of opinions.
8.
Identify factors used by the Supreme Court in deciding which cases to accept for review.
9.
Analyze the contrasting positions of judicial restraint and judicial activism.
10.
Trace the historical evolution of the policy agenda of the Supreme Court. (Marshall – Rehnquist courts are in the book, but you need to research the current Roberts court.)
11.
Examine the ways in which American courts are both democratic and undemocratic institutions.
Amicus curiae briefs
Class action suits
Judicial review
Original intent
Precedent
Senatorial courtesy
Legal standing (standing to sue)
Appellate jurisdiction
Judicial implementation
Justiciable disputes
Political questions
Stare decisis
Solicitor general
Statutory construction
Marbury v. Madison United States v. Nixon
Civil Liberties Study Guide
1 st ten amendments / Bill of Rights / ratification 1790s
Substantive vs. procedural constraints
Theory of Incorporation (selective incorporation doctrine) – 14 th Amendment – nationalization of the Bill of Rights
Definition of national citizenship
Two revolutions toward nationalization of the Constitution:

1 st – regarding the interstate commerce clause

Supreme Court assuming a passive role in response to an active Congress

2 nd – regarding the Bill of Rights and the 14 th Amendment Supreme Court assuming an active role
Current Supreme Court (Chief Justice John Roberts, Jr.)


Rehnquist preceded Roberts as Chief Justice.

Evidence of a de-nationalizing trend with Chief Justice Rehnquist who has taken a less activist and more conservative role
Court Cases
Abington School District v. Schemp Miami Herald Publishing Company v. Tornillo
Barron v. Baltimore
Dennis v. United States
Engle v. Vitale
Furman v. Georgia
Gideon v. Wainwright
Gitlow v. New York
Gregg v. Georgia
Miller v. California
Miranda v. Arizona
NAACP v. Alabama
Near v. Minnesota
New York Times v. Sullivan
Red Lion Broadcasting Company v. FCC
Roe v. Wade
Korematsu v. United States
Lemon v. Kurtzman
Mapp v. Ohio
McClesky v. Kemp
Terms
Civil liberties
Free exercise clause
Libel
Commercial speech
Unreasonable searches and seizures
Roth v. United States
Schenck v. United States
Texas v. Johnson
Establishment clause
Prior restraint
Symbolic speech
Probable cause
Search warrant
Self-incrimination
Cruel and unusual punishment
Exclusionary rule
Plea bargaining
Right to privacy
Civil Rights
Study Guide
Key Terms:
Civil rights
Equal protection of the laws
Suffrage
Poll taxes
White primary
Comparable worth
Affirmative action
EEOC
Voting Rights Act of 1965
Due process
Discrimination
Sexual Harassment
Homophobia
Court Cases:
Scott v. Sandford (1857)
Plessy v. Ferguson (1896)
Smith v. Allwright (1944)
Brown v. Board of Education (1954)
Swann v. Charlotte-Mecklenberg County Schools
5 th Amendment
13 th Amendment
14 th Amendment
15 th Amendment
19 th Amendment
24 th Amendment
26 th Amendment
Civil Rights Act of 1964
Civil Rights Act of 1968 / Title II
Title IX of the Education Act of 1972
Civil Rights and Women’s Equity in Employment Act (1991)
Age Discrimination Act
Americans with Disabilities Act of 1990
Korematsu v. United States (1944)
Reed v. Reed (1971)
Romer v. Evans (1996)
Lawrence v. Texas (2003)
Grutter v. Bollinger (2003)
Gratz v. Bollinger (2003) Univ. of California Board of Regents v. Bakke (1978)

Civil Rights Movements:
African Americans Civil Rights Act of 1964 &
1968
Voting Rights Act
Civil Rights Restoration Act of 1988
Martin Luther King, Jr.
Thurgood Marshall
JFK / Lyndon B. Johnson
NAACP
Native Americans
Hispanic Americans
Asian Americans
Dennis Means
AIM
NARF
Cesar Chavez
United Farm Workers
MALDEF
Toyosaburo Korematsu
Americans with
Disabilities
Senior Citizens
Section 504 of the Rehabilitation Act of 1973
Architectural Barriers Act of 1968
(ABA)
Individuals with Disabilities Education
Act (IDEA) 1975
Air Carrier Access Act (ACAA) 1986
Fair Housing Amendments Act of 1988
(FHAA)
Americans with Disabilities Act
(ADA) 1990
Gray Liberation
AARP
Gays and Lesbians
“Don’t Ask, Don’t Tell, Don’t Harass”
Women NOW
Equal Rights Amendment
Sandra Day O’Connor