Court

1) What do the cases on health care and immigration say about the way the Supreme Court operates? (355-356) 2) What were the major issues with the judicial branch at the writing of the Constitution? (357-358)

Jurisdiction What the Judiciary Act of 1789? Act that established the basic three-tiered structure of the federal court system. Federal district courts at the bottom, then circuit courts, then the Supreme Court. What Review and what court case established it?

7) What are the issues of selecting judges at the state level? (366)

Constitutional vs. Statutory Interpretation What is the Difference Between them? Constitutional Statutory The process of determining whether a piece of legislation or governmental action is supported by the Constitution Methods and tests used by the courts for determining the meaning of a law and applying it to specific situations. Congress may overturn the courts' interpretation by writing a new law.

Levels of Courts There are three (3) different Levels (From less important to more important) District Courts (It has 94 District Courts) Appeals Courts (They hear appeals from the District Courts) Supreme Court * Go look at page 367 right now!!!!

Judicial Nominations How is a Judge Selected? The President nominates a Judge and the Senate confirms What is Senatorial Courtesy? Norm in the nomination of district court judges in which the president deferred to the Senator from his own state.

Describe each of the (4) paths that a case may take in being considered by the Supreme Court. Original Jurisdiction- The authority of a court to hear a case first EX a dispute between states. As a matter of right (appeal) Congress refers an issue to the Court. A writ of certification A appeals court or state Supreme justice refers a case to the court (not used since 1982). A Writ of Certiorari- 4 out of 9 justices agree to hear a case that has reached them via appeal from a losing party in lower case (95% of cases reach the court is this manner).

Criteria for hearing a case There must be a SUBSTANTIAL federal question!!!!!!! Collusion- There has to be an actual dispute Standing- The party bringing the case must have a personal stake in the outcome Mootness- A criterion used by courts to screen cases that no longer require resolution. Ripeness- A criterion that federal courts use to decide whether a case is ready to be heard. A case's ripeness is based on whether its central issue or controversy has actually taken place.

Hearing a case before the supreme court Amicus Curiae: A brief submitted by a "friend of the court” Dissenting opinion: Submitted by justices who disagree Oral Arguments Conference Majority opinion: At least five justices present a legal argument. Concurring opinion: A justice who agrees with the outcome but not the legal reasoning

Question Time! What is appellate jurisdiction? What is Original Jurisdiction? What is the difference between them? What is the difference between a strict interpretation and a living constitutional interpretation?

Philosophy of the justices Some justices may take a strict interpretation approach to the Constitution. They are concerned with what the writers meant when they wrote the Constitution. Other justices may view the Constitution as a “living” document. They believe that the Constitution should be interpreted in light of current political and social conditions.

What is the 14th Amendment?

14th Amendment (1868) “... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;” “… nor shall any State deprive any person of life, liberty, or property, without due process of law; “ nor deny to any person within its jurisdiction the equal protection of the laws.”

Judicial Activism What is it? Going beyond judicial review to what the Court’s critics would say is actively inventing new laws in its rulings.

Conservative Activism After the Civil War the Supreme Court began to use its judicial power to strike down federal and state laws that regulated the economy. During this time they struck down laws that: limited work hours established minimum wages prohibited child labor 


Holmes Dissent Wendell Holmes wrote many dissenting opinions in which he said that: Court was overstepping its power. The justices, he argued, were basing their opinions on their preferred economic theory (laissez faire) and not on the Constitution.

Supreme Court & Overruling Decisions QUESTION! What does” Stare decisis” means? “Let the decision stand” True or False: The Supreme Court ALWAYS overrules a Previous Court Decision? False, they Rarely

What are some examples Socially Activist court rulings?

Plessy v. Ferguson (1896) The Court said it was legal to restrict blacks to separate train cars as long as the cars available for blacks were just as good as those for whites. The majority opinion established the “separate but equal” doctrine. The dissenting opinion by Justice John Marshall Harlan said that the Constitution is “colorblind.”

Brown v. Board of Education (1954) This Court agreed with Justice Harlan’s dissenting opinion in Plessy. It overturned the “separate but equal” doctrine. The justices said that segregation according to race was inherently unequal.


 “Socially Activist.” Desegregated schools: Brown v Board of Education (1954) Required that police read arrested persons their rights: Miranda v Arizona (1966) Permitted abortions based on a right to privacy: Roe v Wade (1973).

Explain the Political Factors in the decision making of the court  Explain the Political Factors in the decision making of the court. Pay particular attention to the contrast of judicial restraint and judicial activism. (379-380)

Discuss the two mechanisms through which interest groups and public opinion can influence the Court’s decision making?  What doe you think about this? (381-382)

QUESTION TIME! (again) What is the difference between “civil liberties” and "civil rights?” What are the Civil War Amendments? What is the due process clause of the 14th amendment? What is Selective incorporation?

Selective incorporation Due Process Clause- Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law. Selective incorporation (table 4.1, pg 96) - The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

First Amendment Tell me the four (4) protections of this beautiful Amendment. Religious Freedom Free Speech Free Press Free Assembly

Freedom of Religion Establishment clause: Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion.” Free Exercise Clause: A First Amendment provision that prohibits government from interfering with the practice of religion

Restrictions on Political Speech Permitted Restrictions Schenck v. United States (1919) - “clear and present danger” Brandenburg v. Ohio (1969) - “incitement to imminent lawlessness”

Protected Rights Symbolic speech (non verbal) including flag burning. Freedom of assembly (including hate groups). Prior Restrain- A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.

Less protected Speech Libel and Slander Commercial Speech Obscenity

Miller Test for Obscenity (Not Ms. Miller though) This came from the case “Miller V California” (1972) If it appeals to prurient (having or encouraging an excessive interest in sexual matters) interests If it is “patently” offensive (decided by local standards If it lacks any literary, artistic, political, or scientific value

Freedom of Religion Establishment clause: Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion.” Free Exercise Clause: A First Amendment provision that prohibits government from interfering with the practice of religion