Ap Government Unit 5 Review

AP Government Unit 5 Review: Understanding the Federal Courts and Civil Liberties

This comprehensive guide provides a thorough review of Unit 5 in AP Government, focusing on the structure and function of the federal court system and the crucial topic of civil liberties. We'll explore key concepts, Supreme Court cases, and strategies for success on the AP exam. Understanding this unit is vital for a strong AP Government score, as it covers fundamental aspects of American governance and the protection of individual rights. This review will equip you with the knowledge and understanding needed to confidently approach any questions related to the federal judiciary and civil liberties.

I. The Federal Court System: Structure and Jurisdiction

The United States employs a dual court system, featuring both federal and state courts. The federal court system, the focus of Unit 5, is structured hierarchically:

• U.S. District Courts: These are the trial courts at the federal level. They have original jurisdiction, meaning they are the first courts to hear cases. Cases involving federal law, disputes between citizens of different states (diversity of citizenship), and cases involving specific amounts of money often begin here.

• U.S. Courts of Appeals (Circuit Courts): These courts have appellate jurisdiction, meaning they review decisions made by lower courts (District Courts). They do not retry cases; instead, they examine the legal procedures and rulings of the lower courts for errors. There are 13 Courts of Appeals, with 12 covering specific geographic regions and one (the Federal Circuit) handling specialized cases.

• The Supreme Court: This is the highest court in the land, possessing both original and appellate jurisdiction. Its original jurisdiction is limited to cases involving disputes between states or cases involving ambassadors. The majority of its cases come through appellate jurisdiction, typically through certiorari, a writ requesting the Supreme Court to review a lower court's decision.

Jurisdiction: Understanding the different types of jurisdiction is crucial.

• Original Jurisdiction: The authority of a court to be the first to hear a case.
• Appellate Jurisdiction: The authority of a court to review decisions made by lower courts.
• Concurrent Jurisdiction: When both federal and state courts have the authority to hear a case.

Key Players in the Federal Court System:

• Judges: Appointed by the President and confirmed by the Senate, federal judges serve life terms, fostering judicial independence.
• Justices: The nine members of the Supreme Court, including the Chief Justice.
• Law Clerks: Assist justices and judges with research and writing.
• U.S. Attorneys: Represent the federal government in criminal and civil cases.

II. The Supreme Court: Powers and Procedures

The Supreme Court holds immense power in shaping American law and policy. Its influence stems from its ability to interpret the Constitution and establish legal precedents through its decisions.

Powers of the Supreme Court:

• Judicial Review: The power to declare laws unconstitutional, established in Marbury v. Madison (1803). This power allows the Court to check the power of the legislative and executive branches.
• Setting Precedent: Supreme Court decisions establish precedents, or stare decisis, which lower courts must follow. This ensures consistency and predictability in the application of the law. However, the Court can overturn its previous decisions.

Procedures of the Supreme Court:

• Writ of Certiorari: A formal request to the Supreme Court to review a lower court's decision. The Court grants certiorari to a small fraction of the cases it receives.
• Oral Arguments: Lawyers representing both sides present their arguments before the justices.
• Conference: Justices meet privately to discuss the cases and cast votes.
• Opinions: The Court issues written opinions explaining its decision. The majority opinion outlines the Court's ruling, while concurring opinions agree with the outcome but offer different reasoning. Dissenting opinions disagree with the majority decision.

III. Judicial Selection and Influences on Judicial Decision-Making

The process of selecting federal judges, including Supreme Court justices, is highly political. The President nominates candidates, and the Senate confirms them. This process can be contentious, with confirmation battles often highlighting ideological differences.

Factors influencing judicial decision-making:

• Judicial Philosophy: Judges' ideologies, such as judicial activism (interpreting the Constitution broadly) and judicial restraint (interpreting the Constitution narrowly), significantly shape their decisions.
• Precedent (Stare Decisis): While the Court can overturn precedents, it generally tries to maintain consistency.
• Public Opinion: While justices are not directly accountable to the public, public opinion can influence their decisions, particularly in controversial cases.
• Interest Groups: Interest groups file amicus curiae briefs, providing the Court with additional information and perspectives.
• Political Ideology: The political climate and the composition of the Court can affect judicial outcomes.

IV. Civil Liberties: The Bill of Rights and Beyond

Civil liberties are fundamental rights and freedoms protected from government infringement. The Bill of Rights, the first ten amendments to the Constitution, is the primary source of these protections. Unit 5 heavily focuses on the interpretation and application of these rights.

Key Civil Liberties:

• Freedom of Religion (First Amendment): Guarantees freedom of religion, including the free exercise clause and the establishment clause (prohibiting government establishment of religion). Landmark cases include Engel v. Vitale (prayer in public schools) and Wisconsin v. Yoder (compulsory education and Amish beliefs).

• Freedom of Speech (First Amendment): Protects freedom of speech, including symbolic speech (e.g., flag burning in Texas v. Johnson) and limitations on speech (e.g., Schenck v. United States – clear and present danger test).

• Freedom of the Press (First Amendment): Protects the freedom of the press, although this freedom is not absolute (e.g., libel and slander). New York Times Co. v. Sullivan established a higher standard for libel cases involving public figures.

• Freedom of Assembly and Petition (First Amendment): Protects the right to peacefully assemble and petition the government.

• Second Amendment: Guarantees the right to bear arms, a highly debated topic with ongoing legal challenges. District of Columbia v. Heller and McDonald v. City of Chicago are pivotal cases.

• Fourth Amendment: Protects against unreasonable searches and seizures, requiring warrants based on probable cause. Mapp v. Ohio established the exclusionary rule, preventing illegally obtained evidence from being used in court.

• Fifth Amendment: Guarantees due process of law, protection against self-incrimination ("pleading the fifth"), and double jeopardy.

• Sixth Amendment: Guarantees the right to a speedy and public trial, the right to counsel, and the right to confront witnesses. Gideon v. Wainwright established the right to counsel for indigent defendants.

• Eighth Amendment: Prohibits cruel and unusual punishment. Furman v. Georgia and Gregg v. Georgia addressed the death penalty.

V. Incorporation Doctrine and the Fourteenth Amendment

The Fourteenth Amendment plays a crucial role in applying the Bill of Rights to the states. The incorporation doctrine is the legal principle that most of the protections guaranteed by the Bill of Rights also apply to state and local governments through the due process clause of the Fourteenth Amendment. This is a gradual process; not all Bill of Rights provisions have been incorporated.

VI. Balancing Civil Liberties and National Security

After the September 11th attacks, the balance between civil liberties and national security became a critical issue. The government implemented measures to enhance security, raising concerns about potential infringements on civil liberties. The USA PATRIOT Act, for example, expanded government surveillance powers. This has led to ongoing debates about the appropriate limits of government power in the name of national security.

VII. Study Strategies and AP Exam Preparation

To succeed on the AP Government exam, effective study strategies are essential:

• Review Key Cases: Focus on understanding the facts, rulings, and significance of landmark Supreme Court cases. Create flashcards or summaries to help remember key details.
• Master Key Terms and Concepts: Familiarize yourself with important vocabulary and concepts related to the federal court system, jurisdiction, and civil liberties.
• Practice Multiple-Choice Questions: Use practice exams and released questions to hone your test-taking skills.
• Practice Free-Response Questions: Practice writing essays on various topics related to Unit 5, focusing on clear and concise arguments supported by evidence.
• Understand the Different Types of Questions: The AP Government exam includes multiple-choice questions and free-response questions, requiring different approaches. Develop strategies for both question types.

VIII. Frequently Asked Questions (FAQ)

• What is the most important Supreme Court case in Unit 5? While many cases are significant, Marbury v. Madison is arguably the most important because it established the principle of judicial review.

• How can I remember all the amendments? Create mnemonic devices or use flashcards to help memorize the key amendments and their protections.

• What is the difference between civil liberties and civil rights? Civil liberties protect individuals from government infringement, while civil rights protect individuals from discrimination.

• How much of the AP Government exam covers Unit 5? The weighting of Unit 5 varies slightly from year to year, but it typically represents a substantial portion of the exam.

IX. Conclusion

Mastering Unit 5 requires a thorough understanding of the structure and function of the federal court system, the Supreme Court's power, and the essential principles of civil liberties. By diligently reviewing key concepts, cases, and study strategies, you can build a solid foundation for success on the AP Government exam. Remember to focus on understanding the interplay between different branches of government and the ongoing evolution of constitutional interpretation. The more deeply you engage with the material, the better prepared you will be to navigate the complexities of this crucial unit and achieve a high score on the AP exam. Good luck!