Judicial Branch Article 3
Congress creates new courts Article 3 9 justices--Judiciary Act, passed in 1869 Appointed by the President for life/impeachment No constitutional power Marbury vs. Madison Judicial Review (Constitutionality of law) Like minded individuals as the President Party, religion, favor, Legacy Co equal branch so stays out of Congress and President fight Congress creates new courts
Power and Jurisdiction Sets Public Agenda Judicial review---leads to “judicial activism” Create policy from the bench Interpret the Constitution according to their own views Strict and loose Constructionist- (original intent) Public opinion is “suppose” to have no bearing on the Court’s decisions Appellate Court ( jurisdiction) Writ of certiorari Rule of 4 Review court-----free to choose the cases it hears Most cases requested are not heard (700 RQ) 50 decided without court/argument 30 argument—no new evidence or witness called Caseload
Power and Jurisdiction Original Jurisdiction the United States is a party in a case controversies under the Constitution, federal laws, or treaties a case is between citizens from different states cases arise under admiralty and maritime laws Federal vs. State Each has its own court system Most cases start at the State level (Failed felony prosecutionscivil liberties violations) State courts have civil courts or right to sue court 7th Amendment Federal courts may rule on the constitutionality of state court decisions
1950s/60s Court expand civil rights Earl Warren Chief Justice School integration—educated society Got rid of segregation Gerrymandering (malapportionment) Miller, Sims, Carr cases Expanded criminal rights Supported/increased 1st amendment rights Brown vs. Board of Education 1954 Overall Supreme Court expanded civil rights for African Americans
Amendments 1st amendment 4th amendment 5th amendment---Miranda rights Religion—not in school or public property Protection from Unreasonable Searches and Seizures Press –National security / Prior restraint Mapp vs Ohio Exclusionary Rule 5th amendment---Miranda rights Petition/redress Double jeopardy Assembly Remain silent Speech--- local only obscene – Miller test Due Process
Amendments 6th amendment 7th amendment 8th amendment 24th Amendment Poll taxes Rights of Accused Persons in Criminal Cases Aimed at African Americans Stop from voting Speedy trial Public trial Confront witness 7th amendment Civil suits 8th amendment Cruel and unusual punishment
Court Cases Must haves Regents of University of California v. Bakke – Selective Incorporation bill of rights case by case basis Regents of University of California v. Bakke – The use of racial quotas in public university admissions Reverse racism Miranda v. Arizona Rights guaranteed by 5th and 6th amendment Must be read from Miranda Card Unfair police interrogation Plessy v. Ferguson Separate but equal Schools, trains, public facilities
Court Cases Baker v. Carr Griswold v. Connecticut Roe v. Wade Gerrymandering One Man, One vote Griswold v. Connecticut 4th amendment Marriage privacy Roe v. Wade Abortion Women’s body is private
Court Cases (Dred)Scott v Sanford 14th amendment –Equal protection Clause Slave is property not a citizen Brown v. Board of Education of Topeka Segregation is unconstitutional Public facilities 14th Amendment EPC Gideon v. Wainwright Right to a lawyer All crimes/charges
Refreshers Civil Rights Act 1964 14th Amendment Johnson not Kennedy prohibited discrimination in public places integration of schools and other public facilities employment discrimination illegal. Passed to reinforce 14th Amendment 14th Amendment Equal protection clause Constitution does not expressly prohibit sex discrimination in the work place Affirmative Action race, sex , age, religion…….