OBJECTIVES:  COMPARE and CONTRAST federal and state court systems  LIST and EXPLAIN the differences between criminal and civil cases  DESCRIBE the basic structure of the Supreme Court  SUMMARIZE Supreme Court decisions  WRITE a legal brief from a Supreme Court case

April 20  Vocab. Quiz  Article  Criminal Rights Amendments  Notes over Civil Liberties/group discussion

 Student wears a baseball hat to school and refuses to take it off when asked by an administrator. The student is sent to ISR for rule violation and insubordination.  Where does the school get the authority to discipline the student?

 Another student starts a fire in a trashcan and destroys part of the 300s bathroom. The student is suspended AND arrested.  From where does the authority come to arrest her?  What if the student wanted to “challenge” or “fight” the decision made by the school or local police…where would he/she go?

US GOVERNMENT The Judicial Branch Notes

The Unalienable Rights  When the United States was formed the framers wanted to ensure individual rights against those of the government.  However, these rights can be restricted when they come into conflict with the rights of others.

 Each person’s rights are relative to the rights of every other person.  Example: Every person has the right of free speech, but no one enjoys absolute freedom of speech. A person can be punished for using obscene language.

 Apollo Media Corporation v. United States 1999, upheld a federal law that makes it illegal for anyone to send obscene and intentionally annoying via the internet.

The Constitution  Includes a general listing of the rights of the people, Bill of Rights  The 13 th and 14 th Amendments added guarantees of personal freedoms.  Guarantees both rights and liberties to the American people.

 Civil liberties are protections against government. –They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government. –Examples: Freedom of Religion, speech, and press, and the guarantee of a fair trial.

 Civil rights are reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people. –Examples: Prohibiting discrimination on the basis of race, sex, religious beliefs, or national origin, set out in the Civil Rights Act of 1964.

When Rights Conflict  Example: Freedom of the press versus the right to a fair trial.  Sheppard v. Maxwell, (p. 534) –What was the issue and what was the court’s decision? –Do you agree with the court’s decision?

To Whom Are Rights Guaranteed?  Is it right to restrict the travel of aliens within the United States?  Was the US justified in the forced evacuation of people of Japanese descent on the Pacific Coast?

14 th Amendment  The Bill of Rights apply against the National government, not the states.  State constitutions contain a bill of rights.  States also cannot deny basic rights because of the 14 th Amendment’s Due Process Clause.

 Due Process Clause– means that NO State can deny to any person any right that is basic to the order of liberty. –Process of Incorporation– The Court has merged most of the guarantees in the Bill of Rights into the 14 th Amendment’s Due Process Clause.

9 th Amendment  Declares that there are rights beyond those set out in the Constitution. –Examples: The right of an accused person to not be tried on evidence that is unlawfully gained. –The right of a woman to have an abortion without undue interference by government.