Reading Questions : Chapter 14 – The Judiciary
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What does it mean to say that our system is a dual court system? Explain how our dual court system
works.
Look at the chart on page 415 and find a way to commit to memory the path that a case takes to get
to the Supreme Court. Define writ of certiorari and summarize when the Supreme Court is likely to
grant cert.
Define judicial review. Make sure you memorize the case, Marbury v. Madison
Summarize the two approaches to using the Constitution to decide cases.
The book discusses three main stages in the evolution of today’s Supreme Court. Give brief
generalizations that summarize the main issues of each of these three stages.
Summarize the information on the Warren, Burger, and Rehnquist courts from the handout
Define: district court, courts of appeals, senatorial courtesy, blue slips, and litmus tests. Explain why
litmus tests have grown in importance.
Summarize rules governing standing.
Explain what a class action suit is. What are the pros and cons of having class action suits?
Define brief, amicus curiae, Solicitor General, per curiam opinion, opinion of the Court, concurring
opinion, dissenting opinion.
The book discuses four indicators of how courts have become more powerful. Explain what these
four measures are.
What arguments does the book present in favor of and against judicial activism?
What explanations does the book give for why we have activist courts?
List and explain the checks on judicial power from both the other branches of government and
public opinion.
Chapter 18: Reading Questions
1. What are the three reasons why the liberties claimed by some people become major issues? Give one
or two examples for each reason.
2. Explain briefly how the Supreme Court has interpreted the Free Exercise and Establishment clauses.
3. What are the difficulties in using the “wall of separation” principle?
4. List and explain the circumstances when the Supreme Court has ruled that freedom of speech may be
limited.
5. Define the “clear-and-present-danger test,” libel, preferred position, prior restraint, imminent danger,
and symbolic speech. You may just want to put these straight onto your flashcards
6. Summarize the Supreme Court’s changing interpretations of how to protect both the due process rights
of accused criminals and to preserve the safety of the community. Define the exclusionary rule and the
“good faith exception.”
Chapter 19: Reading Questions
1. What does the book say is the pertinent question regarding civil rights?
2. What were the strategies that black leaders followed in order to obtain civil rights? Once basic rights
such as voting and integration had been obtained, what issues did civil rights leaders focus on?
3. Briefly outline the steps in the NAACP’s strategy in the fight against segregated schools and indicate
the success they had in the courts and in implementing desegregation.
4. What was the issue concerning desegregation vs. integration? How has this issue been resolved?
5. What were the four developments that made it possible to pass civil rights bills?
6. What accounts for the change in attitude in Congress towards civil rights issues from the 1960s to the
present?
7. How has the Supreme Court changed in its attitudes towards equal rights for women from the early 20th
century to today? What are the two standards the Court uses today to in considering sex discrimination
cases?
8. What is the debate between those who support “equality of result” and those who support “equality of
opportunity”?
9. What are the criteria that the Supreme Court has adapted in defining strict scrutiny of any law
involving racial preferences?
10. Briefly summarize the highlights of the government’s response to abortion.
11. How did activists for the disabled manage to get The Americans with Disabilities Act passed? Briefly
summarize what is included in the law and the objections that some have had to the law.