Unit 3: AMERICAN LAW: The Judicial Branch, Civil Rights, & Civil Liberties Unit 3: AMERICAN LAW: The Judicial Branch, Civil Rights, & Civil Liberties

1. Overview

What does the Judicial Branch do ? JB’s Duty: Interpret the Constitution, decide how it applies to modern law Sources of American Law 1.Common Law: customs & court decisions from US and England 2.US Constitution: supreme law of the land 3.Statutory law: based on laws passed by Congress and State Legislatures

“Stare Decisis” Justices are supposed to decide cases with regard to previous Court decisions (precedent)

Legal Terms Civil Law: laws between individuals, object is to receive compensation for harms suffered by another’s wrongful action Jurisdiction: “to speak the law” or a court’s authority to decide a case Criminal Law: deals with wrongs committed against society, gov. seeks to impose penalty ($ or imprisonment) against lawbreaker Standing: In order to sue, one must have been harmed by the act or law

Court System Trial Courts: Court that hears the case for the first time (original jurisdiction) Appellate Court: Courts that reviews cases already decided and either affirms or reverses the decision (appellate jurisdiction)

Court System

2. The Power of the Courts

COURTS: power to make policy By interpretation of constitution or law By extending reach of existing law By designing remedies

Judicial Activism: Striking down Congressional laws or past precedent

Judges: Two party system? Strict constructionist: judges are bound by wording of Constitution Activist: judges should look to underlying principles of Constitution, but also consider today’s society Not a matter of liberal versus conservative –A judge can be both conservative and activist, or liberal and strict constructionist

Checks on the federal courts Decisions can be ignored (Trail of Tears) Congress confirms judges and can impeach and change legislation that was overruled Public Opinion: public confidence in courts give it its legitimacy

The Supreme Court THE NINE THOMAS (Bush I) SCALITO (Reagan) ROBERTS (Bush II) Sotomayor (Obama) BREYER (Clinton) GINSBURG (Clinton) ALITO (Bush II) KENNEDY (Reagan) Kagan (Obama)

Court Procedures Rule of Four - 4 SCOTUS Justices must want to hear a case Writ of Certiorari: Court issues writ to lower court once it decides to hear a case

Court Procedures Once “cert” is granted: 1.lawyers submit briefs (often 100s of pages) 2.Amicus curiae (friend of the court) briefs also submitted 3.Oral arguments: Each side has ½ hour, but justices can interrupt with questions

In Conference: Chief Justice –Speaks first, votes last Opinion writer assigned by CJ or ranking member of maj. 3 kinds of opinion: 1. Opinion of Court (winner’s view) 2. Concurring opinion (other view from winner) 3. Dissenting Opinion (loser’s view)

Voting patterns Warren Court: ( ) Liberal and activist – Brown v. Board of Ed., Roe v. Wade, Miranda Rehnquist Court: ( ) divided –Bush v. Gore, Casey vs. Planned Parenthood Roberts Court: (2005-present) –4 liberals (Sotomayor, Ginsberg, Breyer, Kagan) –4 conservatives (Roberts, Alito, Thomas, Scalia) –1 swing (Kennedy) –However, decision were unanimous(25%-50% of time)

Influences? Original intent of framers Precedent—previous cases (case law) State/National law law journals public opinion

Confirmation Process STEP 1: President Selects Nominee STEP 2: Senate’s Judicial Committee must conduct hearings STEP 3: voting (by committee, then entire Senate) Senatorial Courtesy – Senator of the President’s party may block confirmation of district judges

Confirmation Process –Borking: when a nominee comes under unwelcome scrutiny regarding non judicial issues like sex, drugs use, etc.

3. Civil Liberties (your protections from government )

Limits on Free Speech Say what you want except…. Clear and Present Danger to our nation or society (fire!, spying, etc.) Libel/Slander: defamation (degrading) of another’s character Obscenity: what’s obscene? –against community standards, appeals to prurient interest, no social value) Symbolic speech is ok (flag burning) but not all symbolic acts (like murder)

Free Speech at School Courts have ruled that: Students have less rights at school than out School acts like a parent Students have more freedom of speech out of class than in it Political/religious speech most protected

Religion Two parts of the first amendment: Free-exercise clause: no law prohibiting free exercise of religion Establishment clause: no law establishing an official religion Gov’t can get involved with limited religious activities if –secular (non religious) purpose –neither advances nor inhibits religion –doesn’t foster gov’t entanglement with religions

OKNOT OK Santas at schools Symbols from multiple religions Church meetings at gov’t buildings Nativity scenes Money to private, religious schools Teacher led prayer Religious Issues

Criminal Rights Exclusionary Rule: evidence gathered in violation of Const. cannot be used in trial Search warrants: order from judge w/ probable cause Miranda Rule: arrested people must be made aware of their rights – Very controversial---pits those for civil liberties vs. those for strong justice

Learn from me kids….know the law!e, Captured terrorist, bad case of bedhead and backhair and world’s largest t-shirt collar

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4. Civil Rights our equal, government-protected, rights

14 th Amendment, Section 1 the equal protection of the laws.All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.

Civil Rights for African-Americans Legal Challenges: Best method since only judges had to change their minds, not Congress or society. NAACP: looked for cases where there was a strong claim that an African- American had been treated unfairly

: Segregated Schools TARGET: Segregated Schools WHY? Public Education was: children were a powerful symbol of larger struggle important gov’t service

Brown vs. Board of Education of Topeka, Kansas verdict of this class action suits ends segregation Court bases decision on sociology not law BIG QUESTION: How does US desegregate? ANSWER: busing— very controversial

Congress Finally Acts Causes Protests of 1950s/60s leads to public opinion shift Violent reactions of white segregationists publicized JFK assassination 1964 election landslide for Democrats Effects: Five Civil Rights Laws between including –1964 Civil Rights Act Outlawed discrimination in employment, voter registration, public accommodations that engage in interstate commerce, “Solid South” shifts from Dems to Reps

Civil Rights Acts: No more barriers for A-A voting so… African Americans vote in mass so… Politicians have to court A-A so… A-A voices are heard, so…

Drew High School, Mississippi, 1960s