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EXAM 1 STUDY GUIDE: Philosophy & Constitutional Govt

Focus T1 Not a complete list

Overview: Political Philosophy & Constitutional


Government T1 Not a complete list

Confederate, Unitary & Federal Systems (examples, UN, et


al.)

The Spirit of the Laws, Baron de

Montesquieu

On World Government, Dante

Two Treaties on Civil Government,

John Locke

Leviathan, Thomas Hobbes

The Prince, Machiavelli

The Social Contract, Jean Jacque

Rousseau (General Will)

The Federalist Papers, Madison, Jay

& Hamilton

Federalist # 84, Federalist # 10, Federalist # 51

Free to Choose, Milton Friedman

The Age of Uncertainty & The

Affluent Society, John Kenneth

Galbraith

Life Liberty & Property (Locke)

Life Liberty & the Pursuit of


Happiness (Jefferson)

Federalism, Division of Powers

Three Branches, Checks and

Balances

Plato v. Aristotle on Role of

Government

Civil Disobedience: St. Augustine,

St. Thomas Aquinas, Ghandi,

M.L. King, Thoreau

2nd Continental Congress, 1775-

1781 (Provisional Government)

Articles of Confederation, 1781-1789

Convention to Revise the Articles of

Confederation (Constitutionl

Convention, 1787)

The Great Compromise

Parliamentary v. Presidential

Systems

Federalist v. Anti-Federalists: On

Adopting the Constitution

Bill of Rights

Necessary & Proper Clause

(Elastic Clause, Article 1, Section 8,


Clause 18)

Constitutional Amendments:

Article V,Supreme Courts

Interpretation, Customs &

Practices
What was the first state to form a new government and state
constitution in 1776?

What Legislative body approved the Declaration of


Independence?

What group was the primary advocate for a Bill of Rights?

What was the first state to form a new government and adopt a
constitution after the Declaration of Independence was
adopted?

Who are the Political Elites according to James Q. Wilson?

What were Hamiltons reasons, outlined in Federalist # 84, for


not including a Bill of Rights in the Constitution?

Why did Jefferson advocate a Bill of Rights?

According to Wilson, which type of minor political party has the


greatest influence on political policy?

What was Madisons main argument in favor of Federalist


positions found in Federalist # 10 and 51?
According to Wilson, what standard was not mentioned in the
Constitution to determine when the national government may
exercise powers?

According to Wilson, which of the Founders would be most


pleased with the Federal System of government today?

What are current examples of Confederacies that exist in


todays world?

What principle works did Locke, Dante, Marsilio, Machiavelli,


Hobbes, Rousseau, Smith, Montesquieu and Marx write?
What were their primary arguments?

How did Plato, Aristotle, and Pericles feel about Pure


Democracy?

Historically, who have been the principle advocates of Civil


Disobedience?

What are the characteristics of Federalism and what are


examples?

Who wrote the Federalist Papers, why were they written and
where were they originally published?

Who would todays Federalist system most please, Jefferson or


Hamilton?
What were the Great Compromise, Presidential v.
Parliamentary System, and 3/5ths Compromise?

What are the ways the U.S. Constitution can be changed?

What did the following have to do with the adoption of the


Constitution?: Great Compromise, Checks & Balances,
Federalism

EXAM 2
Political Activism Focus T 2

Know these terms

Federal Communication Commission (FCC)


Citizens United v. FEC, 2010
Buckley v. Valeo, 1976
Equal Time Doctrine
Party Platforms & Planks
High Efficacy v. Low Efficacy
Electoral College, 270/538 to win
Socialization & Political Socialization
Political Action Committees (PACs)
Super PACS
Federal Matching Funds
Open v. Closed Primaries
Ideology
Straight Ticket v. Split Ticket Voting
Cross Over Voting
Psychographics
Polling: Random Samples, Scientific v. Non-Scientific
Opinion Tracking
Focus Groups
Log Cabin Republicans
Special Interests Groups: Labor Unions, Chamber of Commerce, etc.
Political Movements: Tea Party Movements, Occupy Wall Street, etc
Log Cabin Republicans
Groups affiliated with Republicans v. Groups affiliated with Democrats
Widow Makers
Caucuses & Primaries
Awarding Electoral Votes by States, Winner take all in 48 states, Nebraska & Maine award by
Congressional Districts

Questions to Ponder:

How did Thomas Jefferson feel about newspapers should they be censored?

What connection did Karl Marx, the New York Tribune and the early Republican Party have in the 1850s and 1860s?

Were early newspapers neutral or were they usually aligned politically?

What are the responsibilities of Political Party Conventions. What is the business they must complete?

Today a candidate must win 270/538 Electoral Votes to win the Presidency what happens if no candidate receives
a 270 Electoral Votes? Has there ever been a President who won the Electoral Vote but did not win the Popular
Vote?

Why are Third Parties important if they are not likely to win? What impact can their issues have to the Major Political
Parties?
Who are the only Third Parties Candidates to received Electoral Votes in Presidential Elections since 1892? Why do
3rd parties often disappear? How does One Issue oriented messages and one or both major parties steal their
issues? Are they usually organized nation wide in every community?

What does Richard Reeves, Lights, cameras, politics, say about Television and how it has changed American
Politics? What are his view related to Television as an emotional experience, television as our environment.
What does Reeves say about television making us the most informed v. best informed citizens?

How has Television and other Modern Media, Internet Blogs, Social Media, etc., changed American Politics? What
did Richard Reeves mean when he said Television changed what we knew and when we knew it? Why, according
to Reeves, did this weaken Political Parties?

What is meant by Culture is Upstream from Politics?


What are the primary influences on the Political Socialization process of individuals?
How has media impacted this?

What is the criteria Maddox & Lilie uses to distinguish among Liberals, Conservatives, Libertarians & Populists?
What are some of the issues people have to agree or disagree with to be in one of these categories?

What is the role of the concept of Federalism is the Presidential Preference Primaries and Presidential Caucuses that
are difference from State to State? How does Federalism enter this equation?

What are the Purposes of Primaries & Caucuses in Presidential Elections, how are delegates and what are their roles
at the Party Conventions?

Why are some critical of Iowa & New Hampshire being the first two contests in the Presidential Primary/Caucus
process? Why are they called the Widow makers & what impact do they have on choices other voters have later in
the process?

In primaries, whether for President for State & Local elections, can a voter cast a ballot in both the Democrat &
Republican contests?

How did Jefferson & Hamilton differ on the power of the National Government v. State Governments?
Who is the founder of the Modern Democratic Party? Who were the Republicans during Jeffersons era? When
was the Modern Republican Party founded? Was it a legitimate descendant of Hamiltons Federalist Party? How or
how not?

How have the following impacted financing Political Campaigns? Citizens United Supreme Court Decision, 2010,
Buckley v. Valeo, 1976, Federal Financed Elections and the Federal Election Commission (FEC)

How did the Supreme Court decision Citizens United v. FCC, 2010 impact financing of American Political campaigns?

What is Split Ticket and Split Ticket voting?

What is a Party Platform and what are Planks in the Platform?

What are the following types of Polls? Tracking Polls, Scientific v. Non-Scientific Polls, Random Samples, Poll of
Polls, Psychographics or Life Style Polls

What are the general party affiliation, democrat or republican, of the following groups? Log Cabin Republicans,
Labor Unions, Advocates for National Health Care, National Education Groups, US Chamber of Commerce, Tea
Party Movement and Occupy Wall Street Movement

What is High Efficacy?

How had modern media changed American politics? Cable News (CNN, Fox, etc) Computer voting, Blogs and
Social Media, Internet

What is the Federal Communications Commissions (FCC) and what does its Equal Time Doctrine Require? How
does it impact television, radio, newspapers, internet, etc.?

What was Jeffersons view of newspapers?

MISC.
Know Maddox and Lillies, Beyond Liberal and Conservative, 1984, definition of Liberal, Conservative, Libertarian
and Populist.

Presidential Party Platform involve the following: Adoption by the Convention members, made up of Planks or
individual issues a Party Nominee dies not have to run on the adopted Party Platform some even run away from
them. Party Platforms allow diverse factions within the party reasons to support the nominee.

Groups affiliated with the modern Republican Party include Log Cabin Republicans, Tea Party , US Chamber of
Commerce, etc.

Groups affiliated with the modern Democratic Party include: Labor Unions, National Education Groups, Advocates
for National Health Care, etc.

Primaries in states, e.g. Alabama, are a method by which voters pick party nominees.

The only 3rd Parties that received Electoral votes in Presidential elections since 1892 are Alabama Governor George
Wallace's American Independent in 1968, Strom Thurmonds States Rights Party (Dixiecrats) in 1948, Teddy
Roosevelts Progressive Party (Bull Moose) in 1912 and James Weavers Peoples Party (Populist) in 1892.

In Alabama Elections Primaries choose Democratic & Republican General Election nominees, November General
Elections permit Split Ticket & Straight Ticket voting, and municipalities or cities have non-partisan elections.

Although there is not agreement between Democrats and Republicans, it has become traditional since 1956 that the
party holding the Presidency holds its nominating Convention after the party challenging.

Three States, Louisiana, Alaska and Californian are the only states that have Blanket Primaries, that is a voter can
vote for candidates in different parties. Other states with primaries require voters to vote in one primary or the other.

Open State Primaries allow voters to pick which primary to vote in on Primary Election Day. Closed Primary States
require voters to preregister before the Primary Election Day.

Polls can: Track voter preferences, give horse race snapshots to indicate leaders at a particular moment in the
campaign and identify Psychograpthics or Life Style issues that voters prefer.
Random Samples are required for a poll to be accurate.. Non-Scientific polls are not accurate.

Some reasons 3rd Parties disappear include they are usually one issue parties, one or both national parties will steal
their issue and they are not usually organized in every American community.

The US Constitution and Congressional law does not approve political parties.

Political coverage in early American newspapers and media include: Thomas Jefferson advocated freedom of the
press despite the fact he was frequently attacked by the media, Karl Marx was once a paid foreign correspondent
for the New York Tribune, the official national publication for the early Republican Party in the 1850s and 1860s and
19th Century newspapers were often aligned by political party

The FCC Equal Time doctrine requires the television and radio to sell equal time to all candidates and television and
radio cannot control content of a political commercial. Newspapers, blogs and social media do not have to give
equal time.

Political Conventions Adopt a Platform, Formally nominate a Presidential Nominee, Formally nominate a Vice
Presidential Nominee and Adopt a Platform.

Richard Reeves analyzed the impact of television on American politics


in his documentary, Lights, cameras.politics. Note how the medium
influenced political socialization and the impact of the paid political commercial.
Also include the influence of the internet on the political process since the making if
the film. Refer to the following quotes in the film.

Richard Reeves, Lights, Cameras Politics, Broadcast 1980, ABC News Special

They dont want to talk about the effect of what they do. Theyre here to win damn it. This is the Joe Lewis Areas in
Detroit. This is where the Republican National Convention will be and this will be the next battle ground for network
news. Their troops are all over this place already, they are setting up a television studio, but now the lines from that
studio run to a 150 million sets. And that machinery is the message of this program

Its the invention of television that changed American politics


Television is more than a medium, its our environment

They use it to get the big audience, to sell

Theyve made us the most informed people in the world, but not the best informed

PEOPLE, TERMS, PLACES & EVENTS

Confederate, Unitary & Federal Systems (examples, UN, et al.)


The Spirit of the Laws, Baron de
Montesquieu
On World Government, Dante
Two Treaties on Civil Government,
John Locke
Leviathan, Thomas Hobbes
The Prince, Machiavelli
The Social Contract, Jean Jacque
Rousseau (General Will)
The Federalist Papers, Madison, Jay
& Hamilton
Federalist # 84, Federalist # 10, Federalist # 51
Free to Choose, Milton Friedman
The Age of Uncertainty & The
Affluent Society, John Kenneth
Galbraith
Life Liberty & Property (Locke)
Life Liberty & the Pursuit of
Happiness (Jefferson)
Federalism, Division of Powers
Three Branches, Checks and
Balances
Plato v. Aristotle on Role of
Government
Civil Disobedience: St. Augustine,
St. Thomas Aquinas, Ghandi,
M.L. King, Thoreau
2nd Continental Congress, 1775-
1781 (Provisional Government)
Articles of Confederation, 1781-1789
Convention to Revise the Articles of
Confederation (Constitutionl
Convention, 1787)
The Great Compromise
Parliamentary v. Presidential
Systems
Federalist v. Anti-Federalists: On
Adopting the Constitution
Bill of Rights
Necessary & Proper Clause
(Elastic Clause, Article 1, Section 8,
Clause 18)
Constitutional Amendments:
Article V,Supreme Courts
Interpretation, Customs &
Practices
EXAM 3: Congress & Presidency
STUDY GUIDE for CONGRESS & PRESIDENCY

Congress Chapter 9, Wilson

1. Define Bicameral

2. How many members are there in the House of Representatives?


a. How long do House members serve?

b. How many members of the House are there from Alabama? Who
represents
North Alabama?

c. Define Apportionment, Malapportionment and Gerrymandering.

d. How often are House districts reapportioned?

e. What are two powers that the House has that then Senate does not?

3. How many members are there in the U.S. Senate?


a. How long do they serve.

b. Who are Alabama's current US Senators?

c. What are two powers that the Senate has that the House does not?

4. List five of the Expressed Powers found in Article 1, Section 8 of the


Constitution?

5. What is Article 1, Section 8, Clause 18 of the Constitution called the


Implied Powers
or the Necessary and Proper Clause?
6. Give examples of the following Congressional Powers?
a. Electoral Powers: What are the roles of the House and Senate in
Electing the
President and Vice President?

b. Judicial Powers: What are the Role of the House and Senate in
Impeachment?

c. What are the Roles of the House and Senate in approving Appointments
and
Treaties?

d. What does Article I, Section 5 say about the rules of Congress?

e. What powers are denied to Congress in Article 1, Section 9?

7. What are the roles of the following in the House? Who currently holds
these positions
and to what political party do they belong?
a. Speaker of the House: What are his powers?

b. House Majority Leader: What are his powers?

c. House Minority Leader: What are his powers?

d. Republican & Democratic Whips: What are their powers?


8. What are the roles of the following in the Senate? Who currently holds
these positions
and what political parties do they belong to?

a. President of the Senate: What are his powers?

b. President Pro Temporate: What are his powers?

c. Senate Majority Leader: What are his powers?

d. Senate Minority Leader: What are his powers?

e. Republican and Democratic Whips: What are their powers?

9. What are Special Interest Caucuses inside of Congress? Why do they


cross party lines
in voting?

10. Define the following types of Committees in and give two examples of
each.

a. Standing Committees

b. Select Committees

c. Joint Committees

d. Conference Committees

11. What are Lobbyists? Give three examples of Lobbyists.

12. Define the role or step of the following in passing a bill in Congress.
a. Introducing a bill
b. Roles and options of Committees in Screening legislation

c. Function of the Rules Committee

d. Role of Lobbyists in influencing legislation

e. Filibuster and Cloture in the Senate

f. Options of the President

13. Define Ethics and Congress as discussed by Wilson

14. Discuss the Power of Congress as discussed by Wilson

Presidency Chapters 10 & 11


1. What are the powers of the Presidency as discussed by Wilson

2. How has the Power of the Presidency evolved as discussed by Wilson

3. Discuss the following Powers of the President?


a. Executive Orders
b. Appointment of Commissions

c. Executive Powers

d. Chief Diplomat: Negotiates Treaties

e. Appoint Diplomats

f. Commander-in-Chief of Armed Forces

g. Significance of War Powers Act of 1973

h. State of the Union Address

i. Patronage

j. Vetoes

k. Prepares Fiscal Budgets

l. Judicial Powers: Appoints Judges, Federal Pardons

4. Identify the Functions of the Following Cabinet Members


a. Department of State

b. Department of Treasury

c. Department of Defense

d. Department of Justice

e. Department of the Interior

f. Department of Agriculture
g. Department of Commerce

h. Department Labor

i. Department of Health and Human Services

j. Department of Housing and Urban Development

k. Department of Transportation

l. Department of Energy

j. Department of Education

k. Department of Veteran Affairs


5. Define the Roles of the following Executive Offices.
a. Chief of Staff

b. Office of Management and Budget (OMB)

c. Press Secretary

d. Council of Economic Advisors

e. United Nations Ambassador

f. National Security Council and Central Intelligence Agency (CIA)

6. Independent Regulatory Agencies: Define the roles and functions of the


following and
define Quasi Executive, Quasi Legislative and Quasi Judicial Powers?

a. Federal Reserve System (FED)


b. Federal Trade Commission (FTC)

c. Interstate Commerce Commission (ICC)

d. Securities and Exchange Commission (SEC)

e. Federal Communications Commission (FCC)

f. Environmental Protection Agency (EPA)

g. Consumer Product Safety Commission (CPCC)

h. Nuclear Regulatory Commission (NRC)

7. Define the Roles of each of the following Independent Agencies. What is


meant by
Quasi Executive Powers?

a. Federal Deposit Insurance Corporation (FDIC)

b. NASA

c. TVA

d. Small Business Administration (SBA)

e. Postal System

8. Define Bureaucracy

II. Essays: Complete One (60 points): Essays MUST be submitted in printed
form during the exam. There will be a 5 point penalty for essays emailed or
submitted after the exam is completed, and a 10 point penalty per class day
for late exams. You may use any credible source but you must be cautious
and you must discern what is credible and what is not credible. Sources
must be listed at the end of the essay. All essays should be typed, double
spaced and approximately 2 3 pages in length.

1. Discuss the role or function of each of the following as a bill passes


through Congress.
Cite relevant facts and examples as needed.

a. Sources of Proposed Legislation


b. Committee System & Options
c. Debate in the House and Senate
d. Roles of Lobbyists
e. Options of the President

2. Examine the functions of the Cabinet, Executive Offices and


Independent Agencies in the
Presidential network and how they interact with each other and with
Congress. Cite two
specific positions in each area and other related facts or personalities.

3. Examine the role and functions of the following as they relate to the
operation of the
Legislative and executive branches.

a. First Ladies and their Roles


b. Roles of President and Congress in the Budget Process
c. War Powers Act, 1973
d. Good Offices

EXAM 4 Judiciary & Civil


Liberties
Civil Liberties, Other Sources may be
needed in answering some of the following

(Wilson refers to John Q. Wilson, author of your


text book for this class.... refer to your textbook
or other legitimate sources to identify the
following concepts,court cases, terms, people,
etc.

1. Give examples of rights that Wilson lists


under the following three broad headings:

a. Freedom of Expression

b. Citizenship Rights

c. Criminal and Civil Laws

2. What does Wilson say is the significance of


the following:

d. Civil Liberties

e. Civil Rights

f. Bill of Rights

g. Due Process Clause (14th Amendment)

h. Equal Protection Clause (14th Amendment)

i. Doctrine of Incorporation

j. Prior Restraint

k. Libel, Slander, Public Figures & Malice

l. Symbolic Speech
m. Miller v. CA, 1973 & Obscenity

3. What does Wilson say is the significance of


the Free Exercise Clause and the

Establishment Clause concerning church-


state relations in the 1st Amendment?

Note "Wall of Separation" stated by


Jefferson.

4. What is meant by Due Process?

5. What are the Wilsons explanations of the


following as they relate to the 4th Amendment?

n. Exclusionary Rule & Mapp v. Ohio

o. Search and Seizure, Search Warrants &


Probable Cause

6. What are Wilsons explanations of the


following as they related to the 5th Amendment?

p. Miranda v. AZ, 1966 (Miranda Rules) &


Good Faith Exception

q. Escobedo v. IL, 1964

7. What are Wilsons explanations of the


significance of the following Civil Rights

Legislation & Court Decisions?


r. Equal Protection of the Laws

s. Separate but Equal Doctrine

t. Special Classification

u. Strict Scrutiny

8. Briefly discuss these Civil Rights Acts of


1957, 1960, 1968, 1972, 1988 & 1991.

9. Why were these Civil Rights Laws


Precedent-oriented?

v. Civil Rights Act of 1964

w. Voting Rights Act of 1965

10. How does Wilson say these issues continue


to affect American politics?

x. Reverse Discrimination

y. Equality of Opportunities

z. Affirmative Action

aa. Sexual Harassment

ab. Abortion

ac.Americans With Disabilities Act


11. Note the significance of the following

ad. Griswald v. CN, 1965

ae. Roe v. Wade, 1973

af. Gitlow v. NY, 1925

ag. Powell v. AL, 1932

ah. Gideon v. Wainwright, 1963

ai. Goss v. Lopez, 1975

aj. Plessy v. Ferguson, 1896

ak. Brown v. Board of Education, 1954

Judiciary & Civil


Liberties Focus
(Overview of topics to
focus-on questions
follow)
Some of the answers to the above
questions can be found in this list...
refer to your text or other legitimate
sources.
Marbury v. Madison, 1803, established
Judicial Review, the Supreme Court gave itself
the power to declare a law passed by Congress
to be Unconstitutional.
Liberal Courts and Conservative Courts: Earl
Warren Court (Mid 1930s to late 1960s is
considered to be the most liberal Supreme Court
in US History handing down decisions concerning
Civil Rights for minorities and women, e.g. Brown
v. Board of Ed, 1954, Roe v. Wade, 1973, et al.

The following Cases strengthened the power of


the Federal Govt and the Federal Courts in
general.: Cohens v. Virginia, 1821 (Federal
Courts can review State Court decisions); US v.
Judge Peters, 1809, Marbury v. Madison,
1803; Gibbons v. Ogden, 1819, et al.

Federal District Courts are trial courts. Each has


a U.S. Attorney to prosecute, a six member jury
(guranteed by the 7th Amendment) and
decisions can be appeal to the 11th Federal
Circuit Court of Appeals in Atlanta. Note that
prior to 1980 AL was in the old 5th Circuit Court
of Appeals until it was divided in that year.

Chief Justices Warren Burger, William


Rehnquist (Current Chief Justice) and President
Ronald Reagan were advocates of weakening the
Federal Courts. Some civil libertarians call
William Rehnquist, et al. weakening of civil
liberties decisions the Rehnquisition of Civil
Liberties.

Justices who strengthened the Federal Court


included Chief Justice John Marshall, Early
EarlWarren, William O. Douglas, and Hugo
Black (Black was a former Alabama U.S. Senator
who served on the Supreme Court from 1937 -
early 1970s.)

Supreme Court decisions can be altered by


Constitutional Amendments, revisiting a previous
decision, and Congress can tell the court it
cannot hear certain cases (rare).
Ways to Lobby the Supreme Court (cannot be
lobbyed like Congress or the President) Amicus
Curiae briefs (friend of the Court briefs), legal
journals, arguments presented at hearings, et al.
Federal Court Judges and Justices salaries cannot
be altered.

Judicial Activism: Some critics claim the court


makes law in issuing some decisions. e.g.
Sociological Jurisprudence (using
circumstances not necessarily found in the law),
Strict Constructionists advocate limited power
of the Courts, sticking just to the law.

Court decisions can by majority, concurring


(agreeing but for differenct reasons), dissenting
(minoirty opinions).

Omnibus Education Act allows women to


participate in sports. Eminent Domain allows
private property to be taken for the public good
(e.g. to build a highway) and provides for just
compensation.

The Bill of Rights originally applied against


the National (Federal Government) only:
Starting in 1925, throught the
interpretation of the Due Process Clause of
the 14th Amendment, (no State can deny
any person life, liberty or property without
the due process of law...) the U.S.
Supreme Court began applying many
provisions of the Bill of Rights to the States
on a case by case basis. Gitlow v. NY, 1925,
a free speech case, was the first. This is
also called Nationalization of the Bill of
Rights.

Important. Cases: Gideon v. Wainwright,


1963 (right to attorney during trial), Escobedo
v. Ill, (right to attorney during questioning),
Miranda v. AZ, 1966, (right to be informed of
rights when arrested), Goss v. Lopez, 1975
(education a property right, based on the equal
protection clause of the 14th Amendment);
Marbury v. Madison, 1803 (Review acts of
Congress) Furman v. GA, 1972, (declared death
penality unconstitutional as written in all states..
states rewrote death penality or capital
punishement laws to make them
Constitutional), Miller v. California, 1973,
(local community standards decision a
process by which each state can define what is
and is not obscenity). 8th Amendment forbides
cruel and unusual punishment which forbids
dismemberment, high bail that does not fit the
crime, et. al. It currently does not prohibit capital
punishment.

Free Speech: issues in volve Libel (printed word),


Slander (spoken word) and Malace (must be
proven by public figures, known to be false when
published and done so with intent to harm)

Civil Rights Act of 1964 ended discriminaiton


in public establishements, e.g. restaurants, ball
parks, movie theaters, et al. based on race, color,
religion, national orgin and sex. (did not cover
private establishments)

1965 Voting Rights Act: ended vestages of


discrimination against voters primarily because
of race.

Know: Ex Post Facto, Habeas Corpus, Bill of


Attainder, Cruel and Unusal Punishement (8th
Amendment).

Know the Federal and State Court Structures.


Know how Federalism affects the Court Structure.
Know What Each of the 10 Amendments Address
1st: Religion, speech, press, assembly and
peitition 2nd: Arms, 3rd: Quartering troops
4th: Right to be secure in your persons and
things (police can obtain search warrents.
Evidence seized without a search warrant may
not be used against a person, known as the
Exclusionary Rule) 5th & 6th: Rights of
Accused persons 7th: Trial by jury 8th: No cruel
and unusual punishment 9th: All rights not
listed, others exist

10th: Rights of States and People, some call it


the Federalism Amendment

The Questions from this


point are not required...
They would be a good
overview for students
interested in law or politics
as a career.... It is
included for your review.
The Following are Judicial
Questions
Judiciary Focus Questions,
Wilson, C.10 (Also see
Overview attached)

Judicial Review & Interpretation.


1. What Marbury v. Madison, 1803, established the
precedent of Judicial Review, what role did it give the
US Supreme Court?

2. How many laws have been has Judicial Review


affected since 1789?

3. How does Judicial Review contrast with the British


system?

4. Define Strict Constructionist.

5. Define Activist Approach.

6. How did Hamilton describe judicial interpretation


in Federalist No. 78?

7. How does Wilson describe the political, economic


and ideological forces in the following historical eras?

al. 1787 1865

am. 1865 1937

an. 1938 Present

8. Note the precedent or significance of the following


cases and issues as they relate to the above.

a. Marbury v. Madison, 1803

b. McCulloch v. Maryland, 1819

c. John Marshall has made his decision-now


let him enforce it!

d. Roger B. Taney and Federal v. State


supremacy

e. Dred Scott Case, 1857

f. The Civil War and Federal supremacy

g. 14th Amendment, 1868


h. U.S. Supreme Court as pro business
anti-regulation

i. How did the U.S. Supreme Court s shift


after 1936 affect FDRs New Deal legislation?

j. What issues were the focus of the U.S.


Supreme Court after Earl Warren became Chief
Justice in 1953?

Structure of the Federal Courts


9. What is the only Federal Court created in the
Constitution? How has its membership changed? How
were other Federal Courts created?

10. How are Federal Judges appointed and what is


meant by good behavior? How are

their salaries regulated? What is Senatorial


Courtesy?

11. Describe the functions of the following Federal


Courts:

a. District Courts (Jury Trial)

b. Courts of Appeals

c. Constitutional Court

d. Legislative

12. What are the roles of Ideology and Political Party


affiliation in selecting Federal Judges?

State Courts (Not Covered in the


Wilson Test, see overview
attached): In addition to Federal
Courts, each State maintains a court
system to address state issues. The
court structure, procedures and laws
differ in degrees from State to
State. Some States elect judges and
justices while other appoint.
SEE DOCUMENT A in your Study
Guide

13. What are the roles of the following Courts in


Alabama? (See DOCUMENT A)

ao. Alabama Supreme Court

ap. Alabama Court of Criminal Appeals and


Alabama Court of Civil Appeals

aq. Alabama Circuit Courts (Jury Trial)

ar. Alabama District Courts

as.Alabama Probate Courts

at. Municipal Courts

14. How are Judges and Justices selected in Alabama?


SEE DOCUMENT A

Jurisdiction of Federal Courts

15. What is meant by Dual Court System?


16. How does Article III and the 11th Amendment
address the issue of Jurisdiction?

17. What is Amicus Curiae

18. Define the following

a. What are Federal Question Cases and


Diversity Cases?

b. What is a Writ of Certiorari?

c. Workload of the Federal Court system and


how has it changed?

d. In Forma Pauperis

e. American Rule

f. Fee Shifting

g. Standing

h. Sovereign Immunity

i. What is a Class Action Suit? How is Brown v.


Board, 1954 an example?

j. Legal Briefs

The Supreme Court in Action

19. Define or describe the importance of the following:

20. Role of Groups such as ACLU, NAACP, AFL-CIO


21. Opinion of the Court

22. Per Curiam Opinion

23. Concurring Opinion

24. Dissenting Opinion

25. What are the importance of the following in the


Courts ability to Make Policy?

a. Interpreting the Law or the Constitution

b. Stare Decisis

c. Precedent

d. Political Question

f. Remedy

26. What is Judicial Activism and why is it


controversial?

27. What are examples on the Judicial Powers?


28. How can Congress and the President check the
power of the Federal Judiciary?

29. What is the impact of Public Opinion on the


Courts?

Selected Readings

Document A

Federal Courts and Alabama Courts

The Federal Court system may be the least


understood of the three branches. The US Court
system is actually a Dual system, one Federal
and fifty separate State Courts. The Federal and
State Courts interact as they adjudicate the civil
and criminal workloads.
Protocol dictates that members of the US
Supreme Court and members of the states
highest courts are addressed as Justice while
appeals courts, trial court and lower court
members are addressed as Judge. All Federal
Judges and Justices are appointed for life or
good behavior. Federal Judges are not elected,
but nominated by the President and approved by
the Senate by a majority vote. Most states,
including Alabama, elect judges as well as other
public officials. Some states have adopted
variations of the Missouri Plan, that eliminates
direct election challenges in favor of voter
approval of the judicial office in question.

Article III of the Constitution established only the


US Supreme Court. It authorized Congress to
establish lower courts as needed. The first
Congress established the Federal District Courts
in 1789, Federal Courts of Appeals in 1891.
Other specialized federal courts established by
Congress include military courts and tax courts..

The Federal District Courts provide jury trials for


individuals accused of crimes or involved in civil
issues. Federal District Court juries include six
jurors. This contrasts with many state court
panels , including those of Alabama, that
mandate twelve jurors. A few states, including
Florida, maintain six jury panels.

Each state is divided into Federal Districts


according to case load. Alabama is divided into
three districts, the Northern, Middle and
Southern. The Northern District of North
Alabama is headquartered in Birmingham, where
most cases from the Northern District are
addressed. Federal Court Houses in North
Alabama are located also in Decatur and
Huntsville, where selected trials and other
business are conducted.

One of the twelve US Circuit Courts of Appeals


reviews District Court decisions. Alabama,
Florida and Georgia are part of the 11th US
Circuit Court of Appeals, headquartered in
Atlanta. Prior to 1980, Alabama was part of the
5th US Circuit Court of Appeals. A three-judge
panel reviews appeals based on the trial
procedure or Constitutional arguments. Most
cases do not move beyond the Circuit Court
decision, and the high court in essence upholds
the Circuit Court ruling by refusing to hear the
case.

The US Supreme Court is the final arbiter for


cases it chooses to hear, which are about 1
percent of appeals cases and about 5 percent of
applications for Certiorari. Four of the nine
Justices must agree to hear a case before it is
considered by the full court. The high court does
not try cases or establish guilt or innocence. Its
role is to determine whether proper
Constitutional procedures were followed, and it
may set new precedents in interpretation of the
document. The Gideon v. Wainwright, 1963, case
is an example where the Court established the
precedent that all defendants must be provided
an attorney during trial even if they cannot afford
one.
Again, because of Federalism, each state court
system differs. The Alabama Judicial structure,
revised in 1975, is considered to be a model, and
other states have adopted variations of the
Alabama structure. With the exception of
Probate Judges, all judges in Alabama must be
licensed attorneys. All Alabama Judges are
elected, except for Municipal Judges.

The sixty-seven Alabama District Courts deal with


family matters, small claims and civil actions. All
District Court proceedings are presided over by
one Judge. District Court, Probate Court and
Municipal Court decisions can be appealed to the
Alabama Circuit Courts.

The forty Alabama Circuit Courts provide jury


trials for individuals accused of crimes or
involved in civil actions. Twelve jurors hear
evidence in criminal and civil actions and
determine guilt or innocence in criminal cases or
who is responsible in civil cases. Some states,
e.g. Florida, require only six jurors. Trial courts
are known by other names in some states. For
example, the trial court in California is the
Superior Court and the trial court in New York is
called the Supreme Court. This should not be
confused with New Yorks highest court, which is
known as the Court of Appeals.

The Alabama Court of Appeals encompasses


separate Criminal Appeals Courts and Civil
Appeals Courts. Criminal appeals are directed to
the Criminal Court of Appeals. Capital
Punishment cases go directly to the Alabama
Supreme Court. All others are channeled to the
Civil Court of Appeals. Judges hear legal and
Constitutional arguments.

The Alabama Supreme Court issues final


decisions on cases appealed to it. The nine
justices hear evidence based on procedures and
interpretation of law rather than guilt or
innocence.

Controversy has raged since the early days of


the republic over the US Supreme Courts role in
the three branches and its authority in State
cases. In both instances, the Court under Chief
Justice John Marshall, 1801-1835, established
precedents that empowered the high court to
intervene in both, and ultimately strengthened
the national government at the expense of State
governments.

While the Constitution does not expressly give


the US Supreme Court the authority to review a
law passed by Congress, the Marshall Court
established the Judicial Review precedent in
Marbury v. Madison, 1803, thereby making itself
as the final arbiter of the document. Citing the
Supremacy Clause in Article VII, the Marshall
Court also established the precedent allowing
Federal Courts to review State court decisions, in
Cohens v. Virginia, 1821, or review laws passed
by state legislatures, in US v. Judge Peters,
1809.
US Supreme Court decisions can be challenged in
a number of ways. Constitutional Amendments
passed by Congress and approved by the States
take precedence over previous interpretations or
language in the Constitution or previous
amendments.

Although rarely utilized, Article III, Sections 1 and


2 allow Congress to prohibit the Court from
hearing certain cases, as it did in Ex Parte
McCardle,1868. The Court has also changed its
interpretation of the document although no
changes were made in Constitutional text. One
of the most famous examples would be the
Courts Plessey v. Ferguson, 1896, decision
upholding separate but equal segregation.
Fifty-eight years later the Court completely
reversed itself in the Brown v. Board of
Education, 1954, decision.

One of the more controversial topics concerning


the Federal Courts today involves Judicial
Activism. Strict Constructionists, self-described
advocates of the Constitution's 'original
meaning', often charge the high court with
issuing decisions that are outside Constitutional
boundaries. Liberals counter by arguing that
Judicial Activism is often practiced by
conservative courts as well.

Conservatives have also charged that 'liberal


courts' have utilized Sociological Jurisprudence
rather than the law in criminal and civil
proceedings. This concept, also known as the
Brandeis Brief, calls for judges to consider other
mitigating circumstances in rendering
justice.

Document B

Jefferson on the Court and other critics

It has long been my opinion, and I have never


shrunk from its expression ... that the germ of
dissolution of our federal government is in the
constitution of the federal judiciary; an
irresponsible body--for impeachment is scarcely
a scarecrow--working like gravity by night and by
day, gaining a little today and a little tomorrow,
and advancing its noiseless step like a thief, over
the field of jurisdiction, until all shall be usurped
from the States, and the government of all be
consolidated into one. To this I am opposed;
because, when all government, domestic and
foreign, in little as in great things, shall be drawn
to Washington as the center of all power, it will
render powerless the checks provided of one
government or another, and will become as venal
and oppressive as the government from which it
was separated.

-Thomas
Jefferson, 1821
Document C

Restricting the Courts Jurisdiction

Supreme Court decisions can be overturned with


Constitutional Amendments and, in some cases,
laws passed by Congress (note Wilson, page
311). In a method rarely used, Congress can also
restrict the Federal Courts from hearing certain
cases, as it did in Ex Parte McCardle, 1868 (note
Wilson, page 311). Article III, Sections 1 and 2
says, In all cases affecting Ambassadors, other
public ministers and Consuls and those in which
a State shall be a party, the Supreme Court will
have original jurisdiction. In all other cases
before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to law and fact,
with exceptions, and under such regulations as
the Congress shall make.

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