Study Guide: The Judiciary

Date Due	Assignments
Tues., Feb. 17	1. Read p. 403 – 414 (to “The Structure of the Federal Courts”) 2. Read the handout on the Warren through Rehnquist courts 3. Answer questions 1 – 5 4. Read Federalist No. 78 excerpts on p. 283-287 of the Readings book. and make summarizing notes on paper or in the margins
Weds., Feb. 18	1. Read p. 414 - 419 2. In the Readings book, read p. 302-308 from David Yalof’s article, Pursuit of Justice. 3. Answer questions 6 - 9 4. Read the handout on judicial nominations
Thurs., Feb. 19	2. Read p. 419 – 431 3. Answer questions 10 - 15
Fri., Feb. 20	1. Read the excerpt from William H. Rehnquist, The Supreme Court 2. Read the excerpt from William J. Brennan, How the Supreme Court Arrives at Decisions 3. Answer questions 16 – 17 4. Go to these sites and take the interactive quiz that determines which judicial philosophy you have by comparing your philosophy with that of a Supreme Court Justice Quiz One and Quiz Two (since this is a couple of years old, it doesn’t have the two newest justices, but it’s still interesting.)
Mon., Feb. 23	1. Read the article by David O’Brien, Storm Center, p. 291-296 in the Readings book 2. Take margin notes on the Supreme Court as an institution that makes policy
Tues., Feb. 24	Work on your HW for Tues..
Weds., Feb. 25	1. Read the summary of Antonin Scalia’s speech 2. Read the article by Laurence H. Tribe on “The myth of Strict Constructionism” 3. Outline the points in both articles. I’ve marked out key passages for you, since these articles are, admittedly, challenging concepts. 4. Write a one-two page (double-spaced, typed) response to the following question: Which approach do you think judges should use in interpreting the Constitution and why do you think so? Support your argument with real life examples, Constitutional arguments, or history. Which article do you agree with more and why? Which arguments do you find most persuasive and why? You will be handing this in.
Thurs., Feb. 26	Test

Reading Questions : Chapter 14 – The Judiciary

1.	Define judicial review. Make sure you memorize the case, Marbury v. Madison
2.	Summarize the two approaches to using the Constitution to decide cases.
3.	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.
4.	Summarize the information on the Warren, Burger, and Rehnquist courts from the handout
5.	Define: district court, courts of appeals, senatorial courtesy, blue slips, and litmus tests. Explain why litmus tests have grown in importance.
6.	List and understand the ten reasons why David Yalof says that the modern selection process for justices has changed.
7.	What does it mean to say that our system is a dual court system? Explain how our dual court system works.
8.	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.
9.	Summarize rules governing standing.
10.	Explain what a class action suit is. What are the pros and cons of having class action suits?
11.	Define brief, amicus curiae, Solicitor General, per curiam opinion, opinion of the Court, concurring opinion, dissenting opinion.
12.	The book discuses four indicators of how courts have become more powerful. Explain what these four measures are.
13.	What arguments does the book present in favor of and against judicial activism?
14.	What explanations does the book give for why we have activist courts?
15.	List and explain the checks on judicial power from both the other branches of government and public opinion.
16.	Summarize what Rehnquist says about how a case is granted certiorari.
17.	Outline the steps in decision-making that Brennan discusses.

Terms to Know

1.	Judicial review	21.	Robert Bork	40.	Sovereign immunity
2.	Strict constructionist	22.	Antonin Scalia	41.	Class action suit
3.	Judicial activist	23.	Clarence Thomas	42.	Law clerks
4.	Federalist No. 78	24.	David Souter	43.	Briefs
5.	Marbury v. Madison (1803)	25.	Ruth Bader Ginsburg	44.	Amicus curiae
6.	John Marshall	26.	Warren Court	45.	Solicitor General
7.	McCulloch v. Maryland (1819)	27.	Burger Court	46.	per curiam opinion
8.	Gibbons v. Ogden (1824)	28.	Rehnquist Court	47.	Opinion of the Court
9.	Dred Scott v. Sanford (1857)	29.	Dual Court System	48.	Concurring opinion
10.	Roger B. Taney	30.	Federal-question cases	49.	Dissenting opinion
11.	Court packing plan	31.	Civil law	50.	Stare decisis
12.	Constitutional court	32.	Criminal law	51.	Political question
13.	District court	33.	Dual sovereignty	52.	Remedy
14.	Courts of Appeals	34.	Writ of certiorari	53.	Court order
15.	Legislative courts	35.	In forma pauperis	54.	Impeachment
16.	Senatorial courtesy	36.	Fee shifting	55.	Appellate jurisdiction
17.	Blue Slips	37.	Plaintiff	56.	Concurrent jurisdiction
18.	Litmus test	38.	Defendant	57.	Exclusive jurisdiction
19.	Gang of 14	39.	Standing	58.	Original jurisdiction
20.	William Rehnquist