Cases involving Constitutional Law are heard in Federal Court

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Cases involving Constitutional Law are heard in Federal Court Federal Court System 32 Source: http://www.supremecourtwatch.org/uscourt1.gif Constitutional Law Source: http://www.kidsnewsroom.com/images/constitution.jpg Federal Law Source: http://www.law.cornell.edu/federal/images/federal.gif Cases involving Constitutional Law are heard in Federal Court One major problem of the court system is the long wait for cases to be heard. --- --- The Federal and State Court systems handle both criminal and civil cases. There are two systems of courts in the United States---Federal and State Courts----However the US Supreme Court has the final opinion in all cases. All cases involving violations of federal laws are heard in federal court.

Appellate Court Rulings District Courts 33 Source: http://www.uscourts.gov/links.html Appeals Court Source: http://seattletimes.nwsource.com/art/microsoft/ms_judges.jpg Appellate Court Rulings Source: http://www.konkursradet.no/element_db/165.gif Appeals Courts hear cases to determine if a fair trial was held or if rights were violated. All Appeals and Supreme Court decisions are accompanied by written opinions. There are 12 Appeals Courts and each represents a certain district. The appointment of Federal judges is made by the President with approval by the Senate. In the conformation process, the Senate is able to examine the beliefs of potential judges. Federal District courts are the only Federal courts to use a jury to decide guilt or innocence. Sometimes one party may try to block the confirmation process because it is not in the party’s best interest. The opinions issued by federal judges affect the rights we possess.

Supreme Court Justices 34 Source: http://www.ejm.lsc.gov/voices/iolta02.jpg Supreme Court Justices Source: http://www.npr.org/news/nprphotos/001129.lb.supcourt.jpg Judicial Review Source: http://www.setnlegalservices.org/judicial_review.gif There are 9 Justices on the Supreme Court and they serve a lifetime term. The power of Judicial Review allows the Court to test the Constitutionality of laws. The debate over the use of “Under God” in the pledge of allegiance recently was a topic before the Courts. The first woman appointed to the Court was Sandra Day O’Connor in the 1980’s. The rulings of the Supreme Court are sometimes very controversial. Changes in the Court do not occur often as Justices serve until their death or choose to retire. The US Supreme Court has the final interpretation of Constitutional issues. The selection of Supreme Court judges can sometimes cause major political debate.

Brown v. Board of Education Marbury v. Madison 35 Source: http://www.kansaspress.ku.edu/images/climar.jpg Plessy v. Ferguson Source: http://www.adl.org/tools_teachers/segregation-300.jpg Brown v. Board of Education Source: http://www.pbs.org/wnet/jimcrow/images/court_quote1.gif The doctrine of “clear and present danger” to test the limits of free speech developed in the Schenck case. Public Defenders are lawyers who are paid by the government to defend suspects who can not afford an attorney. The 1896 case of Plessy v. Ferguson created the policy of separate but equal segregation. The power of Judicial Review was developed as a side issue in the case of Marbury v. Madison Abington Schools v. Schempp was a case about required daily readings from the Bible in a public school. The Brown v. Board decision of 1954 is one of the most famous Supreme Court decisions and it officially ended segregation in schooling.

Miranda v. Arizona 36 Tinker v. Des Moines Roe v. Wade Source: http://www.blitz.no/images2/arrested.jpg Tinker v. Des Moines Source: http://archive.aclu.org/graphics/tinker.jpg Roe v. Wade Source: http://images.usatoday.com/news/politics/_photos/2001-04-19-abortion.jpg Texas v. Johnson ruled that flag burning as a form of speech is protected---an amendment to ban flag burning has been proposed. The case of Miranda v. Arizona resulted in the Miranda warnings which must be read to arrested suspects. The Court had to make a decision on the right of students to free press in Hazelwood v. Kuhlmeier Roe v. Wade in 1972 made abortion legal in a controversial 5-4 vote. John and Mary Beth Tinker tested student free speech with their armbands that protested the war in Vietnam. The legality of the death penalty was under review by the Court because of issues about fairness in sentencing. The case of In Re Gault confirmed that juveniles have almost all the rights of adults in court except for a jury trial. The right to search student lockers was debated in New Jersey v. TLO