Study guide U2C16 PDF

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AP Government and Politics study guide unit 2 chapter 16...

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Study Guide U2C16 FRQ 1) a) One constitutional provision that seeks to insulate the Supreme Court from public opinion is their lifetime appointment. The framers of the Constitution believed that Supreme Court justices once appointed and confirmed would not have to continually seek the public’s favor through regular political campaigns in the manner that Presidents and members of Congress must. In this way, unfavorable opinions by the justices would not face public retribution. b)One power exercised by the Supreme Court that acts on another branch of the federal government is judicial review. The Supreme Court rules on the constitutionality of congressional laws and executive actions. If found to be unconstitutional, the Supreme Court can check the power of either the legislative or executive branches. c) CONGRESS- Congress can limit the independence of the Supreme Court by bypassing Supreme Court decisions in enacting constitutional amendments that contradict supreme court rulings. This undermines the court’s authority by overruling its constitutional findings. Congress can add or subtract the numbers of supreme court justices as it sees fit PRESIDENT- One way the President can limit the independence of the Supreme Court is by choosing not to enforce particular Supreme Court decisions that the Chief Executive may not find to be particularly popular. This sort of action can undermine the legitimacy of Supreme Court decisions and potentially, their independence. d)One way the Supreme Court protects its political independence is through the maintenance of its own customs and traditions. For example, the “rule of four” allows for the justices to decide on which of the approximately 80 or so cases they will place on their docket for the year. As they may receive thousands of requests (“writs of certiorari”) the Supreme Court is able to independently choose which cases THEY find to be most politically relevant. FRQ 2) a)Judicial Review is the power of Supreme Courts to declare laws unconstitutional. b)Judicial Review serves as a check over the Executive and Legislative branches. If a law is passed that is deemed unconstitutional by the Supreme Court, it may move to overturn it or deal with a ruling that effectively overturns it. They can find an executive order or agreement, a bureaucratic regulation or a congressional law unconstitutional c)When the Court grants a writ of certiorari, it is deciding to “make more certain”. They grant it to review a lower court’s decision. In order for there to be a writ of certiorari, 4 justices must vote to take the case. d)Stare decisis- Stare decisis, or “let the decision stand” in Latin, may strongly influence a court not to hear a case or to not overturn a previous ruling. Because precedent is such a strong influence in deciding on a Supreme Court ruling justices are less likely to take a case that has the previous case has set a precedent too. Judicial activism- In a case of judicial activism, a broader interpretation would make a court more likely to interpret it. On the other side, you may believe that the courts are not made to make policy FRQ 3) a)the president's party affiliation accounts for differences in presidential appointments to the judiciary because the president wants his party and political views to match the party and political views in the judiciary. He wants his nominees with similar views who will rule in a manner consistent with the president's policy. The differences will occur because of the different demographics that make up each party. b)One way a president can increase the chances of having judicial nominations to federal courts confirmed is by consulting with the Senate and asking them who they should appoint. *Another way a president can increase the chances of having judicial nominations to federal courts confirmed is choosing a moderate (right in the middle, not conservative or liberal)...