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

Slides:



Advertisements
Similar presentations
Chapter 12: Supreme Court Decision Making
Advertisements

US Politics The Judiciary.
The Supreme Court. I. Background A. Only court mentioned in const. (Article III) B. Consists of 8 Associate Justices and 1Chief Justice. 1. number of.
American Government and Politics Today
Prior Knowledge What do you know about our Judicial System?
11 Theory of Knowledge/Government Ms. Halle Bauer
THE JUDICIARY.
The Judicial Branch. United States v other nations Only in the U.S. do judges play such a large role in _______________. ________________- the right of.
Unit 3 Supreme Court Judiciary – The cornerstone of our democracy American Government.
Your Supreme Court. The Justices National Judiciary Created by Article III in the Constitution –“The judicial power of the United States shall be vested.
The Federal Courts Chapter 16. C-SPAN Supreme Court Documentary span.org/Video/TVPrograms/SC_Wee k_Documentary.aspx
The Federal Courts Chapter 16. Levels of Federal Courts.
The Judiciary Chapter 12. Interpretation of Judicial language Stare Decisis: “to stand on decided cases” Appellate Court: A court reviewing a case originally.
The Judicial Branch The Federal Courts and the Supreme Court.
The Federal Judiciary. A Dual Judicial System In the U.S., we have a dual judicial system consisting of a national court system, but also separate court.
Influence Characteristics Federal Court System Selection How it works?
THE Federal Court System… Jurisdiction Original jurisdiction Appellate jurisdiction Concurrent jurisdiction Constitutional courts District courts Courts.
The Judiciary. Jurisdiction Original jurisdiction: where the case is heard first, usually in a trial. Appellate jurisdiction: cases brought on appeal.
THE JUDICIARY. The Constitution and the National Judiciary Article III of the Constitution establishes: –a Supreme Court in which the judicial power of.
The Judiciary  Article III  Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution.
The Supreme Court. Source of Power Judicial Review –Process of determining if a law is constitutional-local, state, national Deal with local or state.
1 Federal Judiciary Lesson Role of the Courts What is the role of courts - resolve political issues? Presidential election Presidential election.
The United States Supreme Court. The Judicial Branch of the United States Federal Government is composed of the Supreme Court and lesser courts created.
Judicial Branch and Civil Liberties
The Judicial Branch Unit V.
The Judicial Branch. Jurisdiction Federal Courts –Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by.
© 2001 by Prentice Hall, Inc. Magruder ’ s American Government C H A P T E R 18 The Federal Court System.
The Federal Court System. Background Information Article III, Section 1 : “The Judicial Power of the U.S. shall be vested in one Supreme Court and in.
Questions What are three types of jurisdiction? What are two types of juries? When is each used? What is senatorial courtesy and when is it used? How many.
The Judicial Branch Chapter 16 The Role of the Courts.
Agenda 4/2 1. notes: judicial branch 2. SC justice research activity AP review THIS SATURDAY 12:30-3:30.
The Federal Courts Unit 6 – Chapter 20 “Without them (federal judges) the Constitution would be a dead letter” Alexis de Tocqueville.
Government, Chapters 11 and 12 The Judicial Branch.
The Federal Courts Chapter 16. Supreme Court Denver’s District Court John Marshall.
The Judicial Branch. United States v other nations Only in the U.S. do judges play such a large role in policy-making. Judicial Review- the right of federal.
The Judicial Branch American Government Notes. Dual Court System The U.S. has a dual court system, which means that we have federal and state courts that.
The Constitution The first three Articles of the Constitution lay out the three co-equal branches of the United States government. –Article I – the Congress.
Government Judicial Branch. Section 1 Common Law Tradition Common Law: judge made law that originated in England. Decisions were based on customs and.
Federal Court System. Powers of Federal Courts U.S. has a dual court system (Federal & State) State courts have jurisdiction over state laws Federal courts.
Chapter 7: The Judicial Branch. The U.S. Supreme Court.
The Judicial Branch. The Role of the Judicial Branch To interpret and define law To interpret and define law This involves hearing individual cases and.
Judicial Branch preAP. Jurisdiction Jurisdiction –the authority to hear certain cases. The United States is a DUAL system: State courts have jurisdiction.
The United States Supreme Court. Constitutional Basis Supreme Court is established in Article III of the Constitution There is one Supreme Court. There.
Unit 2: AMERICAN LAW: The Judicial Branch, Civil Rights, & Civil Liberties Unit 2: AMERICAN LAW: The Judicial Branch, Civil Rights, & Civil Liberties.
Supreme Court Basics. Background – Only court mentioned in Const. (Article III) – Consists of 8 Associate Justices and 1 Chief Justice Number of Justices.
Federal Courts. Federal Court System Each of the states has its own court system who have their authority based in state constitutions. The SCOTUS and.
THE JUDICIAL SYSTEM Part 1: The Federal Court System Part 2: Civil Liberties and the 1 st Amendment Part 3: Civil Rights, Equal Protection Under the Law.
Judicial Branch Chapter 11 & 12. Types of Federal Courts  Constitutional Courts –Set up by Congress under Article III of the Constitution  Special Courts.
 Where would we find the specific functions of this branch?  Article III  What is the difference between state and federal courts? (Think about Federalism)
Chapter 14 The Judiciary. Structure of the Federal Courts Supreme Court Court of Appeals for the Armed Forces 12 Courts of Appeals 94 US District Courts.
The Judicial Branch Unit V.
Chapter 12: Supreme Court Decision Making
The Judicial Branch.
T.L.O. vs. New Jersey Read the background summary of the case
The Federal Courts Chapter 16.
The Federal Court System
Court.
Read now… This half of the room read this article…
Court.
Unit 4 The Judicial Branch
The Federal Courts Chapter 10.
The Federal Judiciary Chapter 10.
The Supreme Court.
The Federal Courts Chapter 16.
Federal Judiciary Lesson 12.
Chapter 12: Supreme Court Decision Making
Primary function is to resolve disputes over the meaning of
Appeals Courts Losing party may be able to appeal the decision to an appeals (appellate) court Losing party will ask the court to review the decision.
How should we handle conflict?
The National Judiciary
Presentation transcript:

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

school/story.php?title=supreme -court-cases_3

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