1.   Read the handout: What the Justices think about precedent and stare decisis ? 1.Why is adhering to precedent (or stare decisis ) important? 2.What do you think would be acceptable grounds for reversing an existing precedent? 3.Which viewpoint values stare decisis more - Strict Constructionist or Activist? Bell Ringer

3.  Today we will … Objectives  Explain what is meant by the dual court system and describe how it impacts the way cases move through the system.  Determine how justices are selected.  Examine the equal protection clause of the 14 th amendment. Agenda  Slides/Notes - US Court System  Supreme Court & 14 th Amendment video  Case Studies activity?  Closure  HW – Set B Questions – quiz on A&B next block

4.   National Supremacy  Marbury v Madison  McCulloch v Maryland  Commerce Clause & state sovereignty 1.How does judicial review empower the Supreme Court within the system of checks and balances? 2.How might judicial activism influence decisions made by individual judges when deciding cases heard by the court? Quick Review

5.  US Courts System

6.   Criminal law is the body of rules defining offense that, though they may harm an individual (such as rape or robbery) are considered to be offenses against society as a whole and thus warrant punishment by and in the name of society.  Government is responsible for enforcing criminal law  the States  Criminal caseload of federal judges is growing. 4. Criminal Law vs. Civil Law

7.   Civil Law is the body of rules defining relationships among private citizens.  Gov. can also be a party to civil action 4. Criminal Law vs. Civil Law

8.  4. Constitutional Courts  Constitution & Judiciary Act of 1789  Article III  Judges serve during good behavior  Salaries not reduced while in office

9.   District Courts: 94 - min. 1 per state  Trial courts at the federal level  Original jurisdiction, not appellate  Decide civil & criminal cases arising under the Constitution & federal laws or treaties.  Courts of Appeal: 13 - 11 regions + DC & Federal Appeals  1891- intended to lessen the load of the Supreme Court  Panel of judges only hear appeal cases  Federal Circuit hears cases involving federal agencies 4. Constitutional Courts

11.  4. Legislative Courts  Created by Congress & may be removed by an act of Congress  Highly specialized areas of jurisdiction  Carry out functions that were once legislative duties  Fixed terms of office, justices can be removed or demoted  Examples  Court of Military Appeals  Court of International Trade  Tax Court  Territorial Courts

12. 4. Dual Court System

13.   Federal Question Cases  Article III & 11 th Amendment  Concerning the Constitution, federal laws, treaties  Federal criminal laws, appeals from federal regulatory agencies, bankruptcy & controversies between two states  Diversity Cases : involving citizens of different states & at least $75,000 in damages (“don’t make a federal case out of it!”)  State Courts – all else left to states  Can be appealed to SC  Dual Sovereignty – if both federal & state laws have been broken, case can be tried in either court  http://www.nolo.com/legal-encyclopedia/state-federal- prosecution.html http://www.nolo.com/legal-encyclopedia/state-federal- prosecution.html Dual Court System

14.  1.A citizen of New York injured in a traffic accident sues the New Jersey citizen who was driving the car, and the complaint asks for damages in excess of $75,000. a. Either federal court in NY or NJ b.State court in the plaintiff’s state only. c.A court of appeals. d.State court in the defendant’s state only. 2. If you wish to declare bankruptcy, you must do so in a. court in the state in which you reside. b. a state appellate court. c. a federal appellate court. d. the U.S. Supreme Court. e. a federal district court. Check for understanding

15.  The Judges

16.  Members of the Supreme Court

17.   All constitutional court judges are nominated by the President & confirmed by the Senate  Senatorial Courtesy: President & Senators from the state where a judge is to serve coordinate on who to nominate  Party background…beware ideology doesn’t always determine rulings  Judicial philosophy  Judicial experience  Demographics  Acceptability  Litmus Test: test of ideological purity in selection of judges  Ex: liberal or conservative stand on certain issues, ie. abortion 5. & 6. Selecting Judges

18.   http://www.washingto npost.com/blogs/the- fix/wp/2014/10/20/ru th-bader-ginsburg- owns-a-surprisingly- large-number-of- notorious-rbg-t-shirts/ http://www.washingto npost.com/blogs/the- fix/wp/2014/10/20/ru th-bader-ginsburg- owns-a-surprisingly- large-number-of- notorious-rbg-t-shirts/ Notorious RBG

20.   What do Presidents think about when selecting a judge?  What might be the role of interest groups in judicial selections? Check for understanding

21.  3. Government & the Economy 1860s to 1930s The 14 th Amendment

22.   1860s – 1930s: When can the economy be regulated by the states and when by the national government?  14 th Amendment: Life, liberty and property. Due Process. Citizenship for blacks. Equal Protection.  15 th Amendment: Protects right to vote. 14 th & 15 th Amendments

23.   Warm up by answering A & B  Video Questions Video

24.  CLOSURE A.Describe one way in which the United States Supreme Court is insulated from public opinion. B.Describe one way the United States Supreme Court is kept from deviating too far from public opinion. Homework:  Judicial Questions set B  Quiz next time on all Judicial Questions.

25.   Founders View : Federalist 78. Courts are neutral.  National Supremacy & Slavery: 1789-1861  Marbury vs. Madison, McCulloch v. Maryland, Judicial Review, Federal Supremacy- interstate commerce, Legal Segregation/ Discrimination  Government & Economy: 1865- 1936  Judicial Activism in business regulation  Private property, incorporation not civil rights  Government & Political Liberty: 1936 to present?  Court defers to legislature in economic regulation cases- political question, (Rehnquist: “legal positivist)”  Personal Liberties and defining rights  Warren Court: liberal protection of rights Quick Judicial Evolution