1. The U.S. Constitution

2. The U.S. Constitution is the most important document ever created in American history!!!

3. The U.S. Bill of Rights
The U.S. Constitution

10. Judicial Review/Interpretation

11. The Warren Court

12. The Warren Court 1953 – 1969 Chief Justice Earl Warren
Liberal decisions (????)
Supreme Court supported the rights of the individual (due process and civil rights)
Believed in “judicial activism”
In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights.

14. Supreme Court

15. “Refs” Federal Questions
As the "referee" in the U.S. system of government, it is the Supreme Court's job to say when government officials step out-of-bounds.

16. Judicial Review/Interpretation

17. Judicial Review/Interpretation
Federal judges review act or legislation and determine if it is constitutional or unconstitutional
Strict construction versus judicial interpretation?

18. Civil Litigation The process of taking legal action (lawsuit)
Civil versus Criminal Law???
Legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions. A lawyer who specializes in civil litigation is known as a litigator or trial lawyer.

19. Civil Litigation

20. Due Process
Your rights if you are accused of a crime!

21. Warren Court Decisions (Due Process and Civil Rights)

22. Miranda v. Arizona (1966)
Miranda was convicted of rape & kidnapping based on statements he made to police
5th- remain silent; 6th – right to counsel; 14th – equal protection
Police must inform suspects of their rights: the Miranda Warnings

23. Miranda Warning
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.”

24. Mapp v. Ohio (1961)
Search of Mapp’s house for betting slips uncovered obscene materials
4th Amendment – protects against unreasonable search & seizure
People are protected against unwarranted search and seizure – specific search warrant
The “Mapp Rule” has since been modified by decisions of the Burger Court, including Nix v. Williams, 1984 (inevitable discovery rule), and U.S. v. Leon, 1984 (“good faith” exception), so the exclusionary rule is no longer as absolute as when first handed down in Mapp.

25. Gideon v. Wainwright (1963)
Gideon could not afford attorney; state would provide one only in case of capital offense
6th – right to counsel & 14th - equal protection
States must provide attorney to all in felony & capital cases
More than 45 years after Gideon, the right to counsel has been expanded to juveniles (In re Gault, 1967) and for those charged with misdemeanor crimes that carry jail sentences (Argersinger v. Hamlin, 1972).
In Panama City in for the burglary of 12 bottles of Coca Cola, 12 cans of beer, four fifths of whiskey, and about $65 in change from the cigarette machine and jukebox of the Bay Harbor Poolroom--Clarence Earl Gideon, a penniless drifter too poor to hire a lawyer, asked that the state appoint counsel for him. His request was denied.

26. Brown v. Board of Education (1954)
Segregation in schools ruled unconstitutional (no such thing as separate but equal)
Overturned the 1896 Supreme Court case Plessy v. Ferguson.

27. Loving v. Virginia (1967)

28. Tinker v. Des Moines School District (1969)
Marybeth & John Tinker were not allowed to wear black armbands to school to protest the war in Vietnam
1st Amendment – free speech
Even students have rights – free, silent, symbolic speech …”don’t shed their rights at the schoolhouse gate” – as long as it doesn’t interfere with the educational process

29. Judicial Review/Interpretation

30. Congressional Legislation and Amendments
Congress makes federal laws (legislation) and can amend (change) the Constitution (everyone must follow!)
Legislation- Civil Rights Act of 1964 and Voting Rights Act of 1965
Gulf of Tonkin Resolution versus War Powers Act?
How hard is it to pass a federal law?
How hard is it to amend the constitution?

31. Congress (Legislative Branch)

32. Congress

33. Current U.S. Senators from Texas
John Cornyn Ted Cruz

34. Checks and Balances on the Executive Branch
Branches limit the power of any US President to claim “executive privilege” (i.e. Watergate)
United States v. Nixon (1974)- After a series of court battles, the Supreme Court of the United States unanimously ruled that the president was obliged to release the tapes to government investigators (United States v. Nixon). The tapes revealed that Nixon had attempted to cover up activities that took place after the break-in, and to use federal officials to deflect the investigation. Facing virtually certain impeachment in the House of Representatives and equally certain conviction by the Senate, Nixon resigned the presidency on August 9, 1974, preventing the House from impeaching him. On September 8, 1974, his successor, Gerald Ford, pardoned him.
Clinton v. City of New York (1998)
Congressional Shut Downs? What’s the deal?

35. Watergate

36. Watergate

37. Government Shut Downs
Government shutdown occurs when Congress fails to pass or the President fails to sign appropriations (can’t agree on funding/budget)
What does fiscal mean?
What does Furlough mean?
Regan: three funding gaps leading to shutdowns lasting one day or less.
H.W. Bush: funding gap in 1990 caused a weekend shutdown.
Clinton- two full gov. shutdowns 5 and 21 days
Obama- 16 day shut down (Affordable Care Act)
Trump- Two shutdowns so far