1. Unit 2: AMERICAN LAW: The Judicial Branch, Civil Rights, & Civil Liberties Unit 2: AMERICAN LAW: The Judicial Branch, Civil Rights, & Civil Liberties

2. 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/Case 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

3. 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

4. Duel Court System Each state has it’s own court systems…then the federal government has its own court system (duel, 2)

5. 3-tiered Court System US SUPREME COURT US Armed Service Court 12 US Court of AppealsState Supreme Courts State Trial Courts US District Courts

7. 2. The Power of the Courts

8. Judicial Power Only in the United States do judges play so large a role in policy- making. In Britain, Parliament is supreme— laws can’t be challenged Judicial review: right of federal courts to rule on the constitutionality of laws and executive acts. JR is the chief judicial weapon in system of checks and balances

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

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

11. Who is heard? Writ of Certiorari: means Supreme Court will hear a case, decided when 4 of 9 justices agree that the case presents a new legal question Deciding Cases…Once cert is granted: 1.lawyers submit briefs (often 100s of pages) 2.ADD THIS…Amicus curiae (friend of the court) briefs also submitted 3.Oral arguments: Each side has ½ hour, but justices can interrupt with questions

12. Opinions Chief Justice –Speaks first, votes last Opinion writer assigned by CJ or ranking member of maj. 3 kinds of opinion: 1. Affirmation 2. Reverse 3. Remand to lower courts…

13. Confirmation Process STEP 1: President Selects Nominee STEP 2: Senate’s Judicial Committee must conduct hearings STEP 3: voting (by committee, then entire Senate) Recently, these hearings have become politicized events. Recent hearings are characterized by: –Borking: when a nominee comes under unwelcome scrutiny regarding non judicial issues like sex, drugs use, etc. –Saying something while saying nothing –Questions regarding Litmus Tests: Any kind of social indicator used to classify a nominee either favorably or unfavorably

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

15. Judicial Review Provided for in Article VI but broadened in Marbury v. Madison Determination of whether or not a law is Constitutional Most of the time, they have ruled Constitutional Because they are federal, unconstitutional in one state, unconstitutional in all states!

16. Judicial Activism: the spirit of the times and the needs of the nation should influence judicial decisions (Living Constitution) Judicial Activism’s Item of Evidence A

17. Judges: Two party system? Strict constructionist (Add this): judges are bound by wording of Constitution – “Constitution is Dead” Justice Scalia Activist: judges should look to underlying principles of Constitution, but also consider today’s society

18. Views of judicial activism Supporters Courts should correct injustices when other branches or state governments refuse to do so Courts are last resort Critics Judges lack expertise Courts not accountable; judges not elected

19. Reasons for increased activism Growth of government means more cases not covered by Const. Many judges coming from political backgrounds

20. Judicial Restraint The courts decide to let the Legislative and Executive branches decide because they are the “voice of the people” Strict Constructionists, usually…

21. Judicial Activism & the 2 nd Amendment 1.What is judicial activism? 2.Describe the three modes of constitution interpretation. 3.Which mode does the author categorize the Supreme Court’s decision in DC vs. Heller? 4.Do you agree with the ruling in DC vs. Heller?

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

23. 3. Civil Liberties (your protections from government )

24. 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)

25. 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

26. 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

27. 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

28. 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

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

30. http://www.proprofs.com/quiz- school/story.php?title=supreme -court-cases_3

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

33. 14 th Amendment, Section 1 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.

34. 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

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

36. 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

37. Busing Protests

38. 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 1957-1968 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

40. Drew High School, Mississippi, 1960s

43. Voting patterns Warren Court: (1953-69) Liberal and activist – Brown v. Board of Ed., Roe v. Wade, Miranda Rehnquist Court: (86-2005) 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 unanimou s(25%-50% of time)