1. Judicial Branch
Article 3

2. Congress creates new courts
Article 3
9 justices--Judiciary Act, passed in 1869
Appointed by the President for life/impeachment
No constitutional power
Marbury vs. Madison
Judicial Review (Constitutionality of law)
Like minded individuals as the President
Party, religion, favor, Legacy
Co equal branch so stays out of Congress and President fight
Congress creates
new courts

3. Power and Jurisdiction
Sets Public
Agenda
Judicial review---leads to “judicial activism”
Create policy from the bench
Interpret the Constitution according to their own views
Strict and loose Constructionist- (original intent)
Public opinion is “suppose” to have no bearing on the Court’s decisions
Appellate Court ( jurisdiction)
Writ of certiorari
Rule of 4
Review court-----free to choose the cases it hears
Most cases requested are not heard (700 RQ)
50 decided without court/argument
30 argument—no new evidence or witness called
Caseload

4. Power and Jurisdiction
Original Jurisdiction
the United States is a party in a case
controversies under the Constitution, federal laws, or treaties
a case is between citizens from different states
cases arise under admiralty and maritime laws
Federal vs. State
Each has its own court system
Most cases start at the State level (Failed felony prosecutionscivil liberties violations)
State courts have civil courts or right to sue court 7th Amendment
Federal courts may rule on the constitutionality of state court decisions

5. 1950s/60s Court expand civil rights Earl Warren Chief Justice
School integration—educated society
Got rid of segregation
Gerrymandering (malapportionment) Miller, Sims, Carr cases
Expanded criminal rights
Supported/increased 1st amendment rights
Brown vs. Board of Education 1954
Overall Supreme Court expanded civil rights for African Americans

6. Amendments 1st amendment 4th amendment 5th amendment---Miranda rights
Religion—not in school or public property
Protection from Unreasonable Searches and Seizures
Press –National security / Prior restraint
Mapp vs Ohio Exclusionary Rule
5th amendment---Miranda rights
Petition/redress
Double jeopardy
Assembly
Remain silent
Speech--- local only obscene – Miller test
Due Process

7. Amendments 6th amendment 7th amendment 8th amendment 24th Amendment
Poll taxes
Rights of Accused Persons in Criminal Cases
Aimed at African Americans
Stop from voting
Speedy trial
Public trial
Confront witness
7th amendment
Civil suits
8th amendment
Cruel and unusual punishment

8. Court Cases Must haves Regents of University of California v. Bakke –
Selective Incorporation bill of rights case by case basis
Regents of University of California v. Bakke –
The use of racial quotas in public university admissions
Reverse racism
Miranda v. Arizona
Rights guaranteed by 5th and 6th amendment
Must be read from Miranda Card
Unfair police interrogation
Plessy v. Ferguson
Separate but equal
Schools, trains, public facilities

9. Court Cases Baker v. Carr Griswold v. Connecticut Roe v. Wade
Gerrymandering
One Man, One vote
Griswold v. Connecticut
4th amendment
Marriage privacy
Roe v. Wade
Abortion
Women’s body is private

10. Court Cases (Dred)Scott v Sanford
14th amendment –Equal protection Clause
Slave is property not a citizen
Brown v. Board of Education of Topeka
Segregation is unconstitutional
Public facilities
14th Amendment EPC
Gideon v. Wainwright
Right to a lawyer
All crimes/charges

11. Refreshers Civil Rights Act 1964 14th Amendment Johnson not Kennedy
prohibited discrimination in public places
integration of schools and other public facilities
employment discrimination illegal.
Passed to reinforce 14th Amendment
14th Amendment
Equal protection clause
Constitution does not expressly prohibit sex discrimination in the work place
Affirmative Action  race, sex , age, religion…….