Constitution provides for an independent judiciary significant departure from the English tradition of formally placing judicial power in the legislative branch

jurisdiction – authority to hear certain cases concurrent jurisdiction – federal & state courts have jurisdiction

original jurisdiction – court that originally hears the case appellate jurisdiction – court that hears an appeal from another court

power of the courts to declare laws and actions of the local, state, and national governments invalid if they conflict with the Constitution Marbury v. Madison

1)the people exercised their sovereign power when they adopted the Constitution  Constitution is a superior, paramount law that cannot be changed by ordinary means

2)particular acts of Congress, the executive, and the states reflect temporary, fleeting views of what the law is

3)acts of Congress, the executive, and the states that conflict with the fundamental law of the Constitution are not entitled to enforcement and must be disregarded

4)judges are in the best position to declare what the Constitution means  by striking down laws & acts that conflict with the Constitution, they preserve the nation’s fundamental law & the true will of the people

Article 3, Section 3 is the only instance in which the Constitution defines a specific crime  treason levying war against the USA or giving aid & comfort to the enemies of the USA

life, liberty, property must be honored 5 th Amendment limits only the national government

Perhaps the most far- reaching amendment to the Constitution Promises equal protection

Officially brought the principles enunciated in the preamble of the declaration of Independence into the realm of constitutional law

Vital in several Supreme Court decisions in the 20 th Century 14 th Amendment guarantees that states shall not compromise “due process” applies to both criminal and civil matters

A. Is there an essential or fundamental right (privilege or immunity, due process) being denied by a state? B. Is incorporating (applying a portion of the Bill of Rights to the states) the only way to ensure the rights will be protected? The Fourteenth Amendment will be used to incorporate the amendment and apply it to the states to protect a fundamental right If the answer is YES

perspectives change over time Plessy v. Ferguson established separate but equal doctrine overturned by Brown v. Board of Education of Topeka Kansas per the 14 th Amendment

Judicial interpretations of the due process clauses of the Constitution requiring the content of the law to be fair and reasonable

Supreme Court has declared the following to be fundamental rights marry and have children purchase and use birth control Custody of one’s own children and rear them as one sees fit mentally competent adults can refuse medical treatment free speech interstate travel voting religious freedom

Grand Jury hears evidence, issues indictment formal accusation charging a person with a crime