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The Court in Action

James Wright

James Wright

8 min read

Study Guide Overview

This AP US Government study guide covers the Supreme Court, including jurisdiction, precedent, key terms like writ of certiorari, opinions (majority, dissenting, concurring), judicial review, checks and balances, landmark cases (e.g., Marbury v. Madison, Brown v. Board), judicial philosophy, and court-curbing. It also discusses lifetime tenure, enforcement of rulings, partisanship, and provides practice questions (MCQ and FRQ) with scoring guidelines.

AP US Government: Supreme Court Deep Dive ๐Ÿ›๏ธ

Hey there, future AP Gov rockstar! Let's get you prepped for the exam with this ultimate Supreme Court review. We'll break down the key concepts, connect the dots, and make sure you're feeling confident and ready to ace it! This is your go-to guide for tonight. Let's do this!

โš–๏ธ The Supreme Court: An Overview

The Supreme Court is the final interpreter of the Constitution and federal law. This role can lead to controversial decisions, but remember, their rulings are based on legal interpretation, not public opinion. Let's dive into the details!

Key Questions to Consider

  • Jurisdiction: What cases can the Court hear? Jump to Jurisdiction
  • Parties: Who's involved in the case? (Plaintiff, Defendant)
  • Issue: What's the legal question at hand?
  • Evidence: What facts are presented?
  • Legal Principles: What laws/precedents apply? Jump to Precedent
  • Roles: What do judges and juries do? (If applicable)
  • Outcome: What was the decision and why? Jump to Opinions
  • Impact: How does the decision affect society? Jump to Enforcement
  • Appeals: Can the decision be reviewed? Jump to Jurisdiction
  • Fairness: How does the Court ensure impartiality? Jump to Partisanship

Key Terms ๐Ÿ”‘

  • Jurisdiction: The Court's authority to hear a case.

  • Oral Arguments: Lawyers present their case to the justices.

  • Briefs: Written arguments submitted by each side.

  • Precedent: Previous court decisions that guide future cases.

  • Majority Opinion: The decision of the majority of justices.

  • Dissenting Opinion: Justices disagreeing with the majority.

  • Concurring Opinion: Justices agreeing with the outcome, but for different reasons.

  • Writ of Certiorari: A request to have a case heard by the Supreme Court.

  • Writ of Habeas Corpus: A legal order to produce a prisoner and justify their detention.

  • Amicus Curiae Briefs: "Friend of the court" briefs from interested parties.

Key Concept

Understanding these terms is crucial for both MCQs and FRQs. Make sure you can define each one and explain its significance. ๐Ÿ’ก

๐Ÿ•ฐ๏ธ Tenure: Lifetime Appointment

Justices serve for life, allowing them to make decisions based on the Constitution and law without political pressure. This independence is a cornerstone of the judicial system.

  • Example: Justice Stephen Breyer (1994-2022) and Justice Ruth Bader Ginsburg (1993-2020) show the impact of long tenures.

Quick Fact

Lifetime tenure is designed to insulate the Court from political pressures. Remember this when you see questions about judicial independence!

๐Ÿšง Court-Curbing: Limiting the Court's Power

Court-curbing measures are actions that limit the Supreme Court's influence. These are rare, but important to understand.

Common Court-Curbing Measures:

  • Presidential Appointments: Presidents can appoint justices who share their views, potentially shifting the Court's ideology. Jump to Partisanship

  • Legislative Action: Congress can limit the Court's jurisdiction or pass laws to prevent certain appeals.

  • Refusal to Implement: The Executive Branch may not enforce the Court's decisions.

Common Mistake

Don't confuse court-curbing with checks and balances. Court-curbing is about limiting the Court's power, while checks and balances are about maintaining a balance of power between all three branches.

Examples of Court Curbing:

  • Marbury v. Madison (1803): Congress considered limiting the Court's power after this landmark case.

  • Court-Packing: Proposals to add justices to change the Court's ideological balance (never successful in modern times).

Exam Tip

When discussing court-curbing, always link it back to the concept of separation of powers and checks and balances. โฐ

๐Ÿ›๏ธ Enforcement of Rulings: The Executive's Role

The President is expected to enforce the Court's rulings, but they have some discretion. Enforcement can be influenced by other branches and public opinion.

Examples of Enforcement:

  • Brown v. Board of Education (1954): Desegregation was enforced by federal and state governments, sometimes with military intervention.

  • Roe v. Wade (1973): Despite ongoing challenges, it remains the law of the land and is enforced by federal and state governments.

Enforcement of rulings is a high-value topic. Understand the interplay between the branches and the impact of public opinion. ๐Ÿ’ฏ

๐ŸŽญ Partisanship: Is the Court Truly Impartial?

The Court is meant to be impartial, but justices are not immune to outside influences. Public opinion and perceptions of impartiality can play a role.

Examples of Partisanship:

  • Justice Brett Kavanaugh's Confirmation (2018): Highly controversial and seen by many as politically motivated.

  • Justice Amy Coney Barrett's Confirmation (2020): Also seen as politically motivated, leading to partisan battles.

Memory Aid

Think of the confirmation process like a play: Each side has a script, and the outcome can be heavily influenced by the political climate. ๐ŸŽญ

Final Exam Focus ๐ŸŽฏ

Okay, let's get down to the nitty-gritty. Here's what you absolutely need to know for the exam:

High-Priority Topics:

  • Judicial Review: Marbury v. Madison is your best friend here. Know it inside and out.
  • Checks and Balances: How does the Court interact with the other branches?
  • Landmark Cases: Brown v. Board, Roe v. Wade, Miranda v. Arizona, and Gideon v. Wainwright are essential.
  • Judicial Philosophy: Understand the difference between judicial restraint and judicial activism.
  • Federalist 78: Know the arguments for judicial independence.

Common Question Types:

  • MCQs: Expect questions on key terms, landmark cases, and the Court's relationship with other branches.
  • FRQs: Be prepared to analyze the impact of Supreme Court decisions and discuss the balance of power.

Last-Minute Tips:

  • Time Management: Don't spend too long on any single question. If you're stuck, move on and come back later.

  • Common Pitfalls: Avoid making assumptions. Base your answers on the facts and legal principles.

  • Strategies: Read the questions carefully. Identify the key terms and concepts. Outline your essay before you start writing.

Exam Tip

Practice, practice, practice! Use past AP exams and practice questions to get comfortable with the format and timing. โฑ๏ธ

Practice Questions

Practice Question

Multiple Choice Questions

  1. Which of the following is the most direct way the legislative branch can check the power of the Supreme Court? (A) Refusing to enforce court decisions (B) Appointing new justices (C) Passing new laws that clarify or limit the Court's jurisdiction (D) Impeaching justices

  2. A justice who agrees with the majority opinion but for different reasons would write a: (A) Dissenting opinion (B) Concurring opinion (C) Majority opinion (D) Per curiam opinion

  3. The concept of judicial review was established in which Supreme Court case? (A) McCulloch v. Maryland (B) Gibbons v. Ogden (C) Marbury v. Madison (D) Dred Scott v. Sandford

Free Response Question

The Supreme Court's power of judicial review allows it to shape public policy. However, the Court's decisions can be controversial and face resistance from other branches of government and the public.

(a) Define judicial review. (b) Explain how the power of judicial review can lead to conflict with the legislative and executive branches. (c) Describe one action that the legislative branch can take to limit the power of the Supreme Court. (d) Explain one way the executive branch can influence the Supreme Court.

Scoring Guidelines:

(a) Judicial Review (1 point):

  • A correct definition of judicial review, such as the power of the courts to declare acts of the legislative and executive branches unconstitutional.

(b) Conflict with Legislative and Executive Branches (2 points):

  • One point for explaining how judicial review can lead to conflict with the legislative branch, such as by overturning laws passed by Congress.
  • One point for explaining how judicial review can lead to conflict with the executive branch, such as by ruling executive orders unconstitutional.

(c) Legislative Action to Limit the Court (1 point):

  • One point for describing a valid action, such as Congress passing new laws that clarify or limit the Court's jurisdiction or proposing a constitutional amendment to overturn a court decision.

(d) Executive Influence on the Court (1 point):

  • One point for explaining a valid way the executive branch can influence the Supreme Court, such as the President appointing new justices who share their views or the executive branch choosing not to enforce a court decision.

You've got this! You're well-prepared, and now it's time to go out there and crush this exam. Remember, stay calm, trust your knowledge, and you'll do great! Good luck! ๐Ÿš€

Question 1 of 11

What is the term for the authority of the Supreme Court to hear a case? ๐Ÿค”

Precedent

Jurisdiction

Writ of Certiorari

Amicus Curiae