Judicial Branch and Civil Liberties Unit 6 Review Judicial Branch and Civil Liberties

Judicial Branch The Common Law Tradition Precedence Stare decisis The Judiciary in the Constitution Creates only the Supreme Court Allows judges to serve for life in good behavior Outlines the Supreme Court’s original and appellate jurisdiction Defines treason

Judicial Branch Judicial Review Structure of the Federal Court System Marbury v. Madison Structure of the Federal Court System Constitutional Courts District Courts Courts of Appeal Legislative Courts Court of Claims Court of International Trade Tax Court Court of Military Appeals

Judicial Branch Participants in the Judicial System Litigants (must have standing to sue) Plaintiff Defendant Criminal law Civil law U.S. is involved in 2/3 of the cases brought to federal court Class action suit

Judicial Branch Jurisdiction of the Federal Courts Lawyers The Jury Solicitor General Public defenders The Jury The Audience The Judges Jurisdiction of the Federal Courts Dual court system Dual Sovereignty

Judicial Branch The Selection of Judges The Nomination Process Lower Courts Senatorial Courtesy Supreme Court Senate Confirmation Selection Criteria Political Ideology Party and personal loyalties Acceptability to the Senate Judicial Experience Race and gender The Litmus Test

Judicial Branch How the Supreme Court Works Selection of Cases Writ of certiorari Cert pool Rule of four Briefs and Oral Arguments Amicus curiae The Conference Opinions Majority Dissenting Concurring

Judicial Branch The Courts and Democracy Implementing Court Decisions Judicial Implementation The Courts and Democracy Popular Influence Conservatism and Liberalism Constraints on the Power of the Federal Courts Adversarial system Justiciable dispute Political Questions Presidential Checks Congressional Checks

Judicial Branch Policy-Making Power Judicial restraint The Constitution is not an empty bottle…it is like a statue and the meaning doesn’t change Judicial activism We are under a Constitution, but the Constitution is what the judges say it is

Civil Liberties Declaration of Independence Constitution Writ of habeas No bills of attainder No ex post facto laws Trial by jury Protection for citizens as they move among the states No titles of nobility Use of the crime of treason No religious oaths for holding office Guarantee of republican government for all states

Civil Liberties The Bill of Rights Other Sources of Civil Liberties and Civil Rights 14th Amendment Privileges and Immunities clause Due process clause Equal protection Selective Incorporation Begins with Gitlow v. NY Court Decisions Judicial Review

Civil Liberties First Amendment Liberties Legislative Action Civil Rights Act of 1964 Voting Rights Act of 1965 Americans with Disabilities Act First Amendment Liberties Freedom of religion Establishment clause Lemon v. Kurtzman Free exercise clause Reynolds v. U.S.

Civil Liberties Freedom of speech Privacy Rights Free speech vs. National Security Schenck v. U.S. Clear and present danger test Restrictions on Free Speech Libel Obscenity Symbolic speech Privacy Rights Griswold, Roe, Webster cases

Civil Liberties Rights of Due Process Procedural due process Substantive due process Property Rights Eminent domain 4th Amendment search and seizure Freedom from unreasonable search and seizure Exclusionary rule Mapp v. Ohio 5th Amendment rights Miranda v. Arizona

Civil Liberties 8th amendment rights Right vs. Right Prohibits cruel and unusual punishment Furman v. Georgia Right vs. Right