Judicial Branch and Civil Rights & Liberties
Test: TUES, December 8 (300 pts)
Content Covered:
Chapters 14 (Read & take notes from textbook for QUIZ FRI Dec 5), Ch 15 Civil Liberties (Lecture Nov 17-20;
QUIZ FRI Nov 21), & Ch 16 Civil Rights (Lecture Dec 1-4; QUIZ THURS Dec 4)
Comparative Article Chart: Presser, “The Role of the Senate in Judicial Confirmation” & Newfield, “The Right’s
Judicial Juggernaut” – due MON Dec 8
Greenhouse, “Affirmative Action Debate in Social & Historical Context"; Lewis, “Where the Gloves are Nearly
Always Off” – just read this on your own – no assignment over it
Analysis of your 4 assigned Supreme Court cases (Mon & Tues Nov 24 & 25 in LIB, saved to Google Docs);
Key Terms & Concepts:
writ of certiorari, Rule of 4, amicus curiae brief, majority, concurring, & dissenting opinions, decision process, stare decisis
judicial restraint v judicial activism (Can a conservative be a judicial activist?), Warren Court v Rehnquist Court, original intent
Marbury v Madison and judicial review
original v appellate jurisdiction – when the Supreme Court has each; litigants – plaintiffs, defendants, standing to sue
relationship between Congress, the Executive Branch, & the courts – size of courts, Solicitor General, confirmation, amendments
& laws, senatorial courtesy, checks & balances, judicial implementation
requirements, selection, & confirmation process for federal judges, Supreme Court justices, & Chief Justice – advice & consent,
selection criteria, filibuster, nuclear option, ABA, “litmus test”
Makeup of Supreme Court & how it has changed over time – Repub v Dem presidential appointees; conservative v liberal
Dual citizenship and Amendments 9 & 10 – Cruzan v Missouri Dept. of Health, rulings on assisted suicide
civil liberties v civil rights; de facto v de jure segregation; intent & consequences of 13th, 14th, 15th amendments; equality of
opportunity v equality of outcome
rulings on race – desegregation - Plessy v Ferguson, Brown v Board of Education, Heart of Atlanta Motel v US; affirmative action
- Bakke case, Adarand v Pena, Gratz v Bollinger; Grutter v Bollinger); affirmative action (Richmond v Croson)—test;
burden of proof
rights for women – Muller v Oregon; 19th amendment; Equal Pay Act of 1963; Equal Rights Amendment; Title IX; sexual
harassment; US v Virginia (VMI-1996); reasonableness v suspect standard; Lily Ledbetter law; Rostker v Goldberg
Civil Rights Actions & results - Civil Rights Acts of 1964 and 1991; Title VIII of Civil Rights Act; 24th amendment; Voting
rights Act of 1965; quotas & set-asides; restrictive covenants; busing (Missouri v Jenkins); federal civil rights prosecutions
rights of other minority groups – elderly, handicapped (ADA), Native Americans, Hispanics, illegal aliens, gays (Lawrence
v Texas (2003); Roemer v Evans; Boy Scouts of America v Dale (2000); “Don’t Ask, Don’t Tell”; Defense of Marriage)
14th amendment – due process (incorporation of amendments & 3 guidelines for this; Gitlow v NY) & equal protection clause
(basis for civil rights rulings); selective incorporation
due process – double jeopardy, lawyers, substantive v procedural, Gideon v Wainwright, Miranda v Arizona
rulings on speech/press - “clear & present danger”, libel/slander, “fighting words”, symbolic speech, prior restraint, sedition;
Schenck v US; Chaplinsky v New Hampshire; Brandenburg v Ohio; Roth v US; Miller v California; Near v Minnesota
Hazelwood v Kuhlmeir; New York Times v Sullivan; Tinker v Des Moines; Texas v Johnson; NY Times v US; Reno v ACLU
assembly – what is allowed & what is not; DeJonge v Oregon; Collins v Smith (Skokie case), Schenck v Pro-Choice
religion - “wall of separation”, establishment clause, free exercise clause, Lemon test; Engele v Vitale; Westside Sch Dist v
Mergens; Santa Fe Indep School Dist v Doe; vouchers to parochial schools; City of Boerne v Flores; Wallace v Jaffree
right to bear arms – US v Miller, US v Lopez, Printz v US (Brady law)
4th amendment - Mapp v Ohio (exclusionary rule); Katz v US, US v Leon, NJ v TLO, Vernonia v Acton; probable cause;
inevitable discovery
9th amendment – privacy & abortion (Griswold v Connecticut, Roe v Wade, Webster v Reproductive Health Services, Planned
Parenthood v Casey, Sternberg v Carhart) & gays (Bowers v Hardwick & Lawrence v Texas)
8th amendment - cruel & unusual punishment – Furman v Georgia, Gregg v Georgia, Thompson v Oklahoma & Wilkins v Mo
habeas corpus – Ex Part Milligan & Boumediene v Bush
Key Questions:
1. What is the nature of the Judicial System?
2. What are the formal & informal powers of the Federal Court system, mainly the Supreme Court?
3. How does the Supreme Court view the Constitution and how has this changed over time?
4. In what ways do judges make public policy and what impact has this had?
5. How has judicial interpretation developed civil rights & liberties?
6. What are the basic civil rights & liberties of Americans?
7. What are the current topics in the realm of civil rights & liberties and where are we headed with them?
8. What trends & patterns are indicated in key Supreme Court rulings throughout our history?