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U. S. GOVERNMENT CHAPTER 17 JUDICIARY. SOURCES OF AMERICAN LAW THE BIBLE THE BIBLE MICAH 6:8 MICAH 6:8 PHILIPIANS 4:8 PHILIPIANS 4:8 1 CORINTHIANS 6:1-8.

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Presentation on theme: "U. S. GOVERNMENT CHAPTER 17 JUDICIARY. SOURCES OF AMERICAN LAW THE BIBLE THE BIBLE MICAH 6:8 MICAH 6:8 PHILIPIANS 4:8 PHILIPIANS 4:8 1 CORINTHIANS 6:1-8."— Presentation transcript:

1 U. S. GOVERNMENT CHAPTER 17 JUDICIARY

2 SOURCES OF AMERICAN LAW THE BIBLE THE BIBLE MICAH 6:8 MICAH 6:8 PHILIPIANS 4:8 PHILIPIANS 4:8 1 CORINTHIANS 6:1-8 1 CORINTHIANS 6:1-8

3 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW

4 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW PRECEDENTS PRECEDENTS

5 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW PRECEDENTS PRECEDENTS STARE DECISIS (stah-ree dah-sigh-sus) STARE DECISIS (stah-ree dah-sigh-sus)

6 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW JURY TRIAL JURY TRIAL

7 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW JURY TRIAL JURY TRIAL WILLIAM BLACKSTONE WILLIAM BLACKSTONE

8 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW JURY TRIAL JURY TRIAL WILLIAM BLACKSTONE WILLIAM BLACKSTONE Commentaries on the Laws of England Commentaries on the Laws of England

9 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW JURY TRIAL JURY TRIAL WILLIAM BLACKSTONE WILLIAM BLACKSTONE Commentaries on the Laws of England Commentaries on the Laws of England Natural law Natural law

10 SOURCES OF AMERICAN LAW HISTORY HISTORY ENGLISH COMMON LAW ENGLISH COMMON LAW JURY TRIAL JURY TRIAL WILLIAM BLACKSTONE WILLIAM BLACKSTONE Commentaries on the Laws of England Commentaries on the Laws of England Natural law Natural law Revealed law Revealed law

11 STRUCTURE OF AMERICAN COURTS JUDICIAL FEDERALISM (see terms p. 389) JUDICIAL FEDERALISM (see terms p. 389)

12 STRUCTURE OF AMERICAN COURTS JUDICIAL FEDERALISM JUDICIAL FEDERALISM U.S. DISTRICT COURTS U.S. DISTRICT COURTS ORIGINAL JURISDICTION ORIGINAL JURISDICTION

13 STRUCTURE OF AMERICAN COURTS JUDICIAL FEDERALISM JUDICIAL FEDERALISM U.S. DISTRICT COURTS U.S. DISTRICT COURTS ORIGINAL JURISDICTION ORIGINAL JURISDICTION GRAND JURY GRAND JURY

14 STRUCTURE OF AMERICAN COURTS JUDICIAL FEDERALISM JUDICIAL FEDERALISM U.S. DISTRICT COURTS U.S. DISTRICT COURTS ORIGINAL JURISDICTION ORIGINAL JURISDICTION GRAND JURY GRAND JURY CIRCUIT COURT OF APPEALS CIRCUIT COURT OF APPEALS APPELLATE JURISDICTION APPELLATE JURISDICTION

15 STRUCTURE OF AMERICAN COURTS JUDICIAL FEDERALISM JUDICIAL FEDERALISM U.S. DISTRICT COURTS U.S. DISTRICT COURTS ORIGINAL JURISDICTION ORIGINAL JURISDICTION GRAND JURY GRAND JURY CIRCUIT COURT OF APPEALS CIRCUIT COURT OF APPEALS APPELLATE JURISDICTION APPELLATE JURISDICTION U.S. SUPREME COURT U.S. SUPREME COURT (see “paths to supreme court” p. 392) (see “paths to supreme court” p. 392)

16 STRUCTURE OF AMERICAN COURTS JUDICIAL FEDERALISM JUDICIAL FEDERALISM U.S. DISTRICT COURTS U.S. DISTRICT COURTS ORIGINAL JURISDICTION ORIGINAL JURISDICTION GRAND JURY GRAND JURY CIRCUIT COURT OF APPEALS CIRCUIT COURT OF APPEALS APPELLATE JURISDICTION APPELLATE JURISDICTION U.S. SUPREME COURT U.S. SUPREME COURT (see “paths to supreme court” p. 392) (see “paths to supreme court” p. 392) 3 kinds of “opinions” 3 kinds of “opinions”

17 Supreme court opinions Majority Majority Minority Minority Concurring Concurring

18 SELECTION OF NATIONAL JUDGES SENATORIAL COURTESY SENATORIAL COURTESY

19 SELECTION OF NATIONAL JUDGES SENATORIAL COURTESY SENATORIAL COURTESY TERM OF OFFICE TERM OF OFFICE

20 SELECTION OF NATIONAL JUDGES SENATORIAL COURTESY SENATORIAL COURTESY TERM OF OFFICE TERM OF OFFICE CONFIRMATION CONFIRMATION

21 SIGNIFICANT CASES MARBURY v. MADISON MARBURY v. MADISON 1803 1803 JUDICIAL REVIEW JUDICIAL REVIEW

22 SIGNIFICANT CASES MARBURY v. MADISON MARBURY v. MADISON McCULLOCH v. MARYLAND McCULLOCH v. MARYLAND 1819 1819 SUPREMACY CLAUSE SUPREMACY CLAUSE ELASTIC CLAUSE ELASTIC CLAUSE

23 SIGNIFICANT CASES MARBURY v. MADISON MARBURY v. MADISON McCULLOCH v. MARYLAND McCULLOCH v. MARYLAND DREAD SCOTT case DREAD SCOTT case 1857 1857 HELPED CAUSE CIVIL WAR HELPED CAUSE CIVIL WAR

24 SIGNIFICANT CASES MARBURY v. MADISON MARBURY v. MADISON McCULLOCH v. MARYLAND McCULLOCH v. MARYLAND DREAD SCOTT case DREAD SCOTT case BROWN v. BOARD OF EDUCATION BROWN v. BOARD OF EDUCATION 1953 1953 ENDED SEGREGATION IN SCHOOLS ENDED SEGREGATION IN SCHOOLS

25 SIGNIFICANT CASES MARBURY v. MADISON MARBURY v. MADISON McCULLOCH v. MARYLAND McCULLOCH v. MARYLAND DREAD SCOTT case DREAD SCOTT case BROWN v. BOARD OF EDUCATION BROWN v. BOARD OF EDUCATION MIRANDA v. ARIZONA MIRANDA v. ARIZONA 1966 1966 RIGHTS OF THE ACCUSED RIGHTS OF THE ACCUSED

26 SIGNIFICANT CASES MARBURY v. MADISON MARBURY v. MADISON McCULLOCH v. MARYLAND McCULLOCH v. MARYLAND DREAD SCOTT case DREAD SCOTT case BROWN v. BOARD OF EDUCATION BROWN v. BOARD OF EDUCATION MIRANDA v. ARIZONA MIRANDA v. ARIZONA ROE v. WADE ROE v. WADE 1973 1973 LEGALIZED ABORTION LEGALIZED ABORTION

27 SIGNIFICANT CASES MARBURY v. MADISON MARBURY v. MADISON McCULLOCH v. MARYLAND McCULLOCH v. MARYLAND DREAD SCOTT case DREAD SCOTT case BROWN v. BOARD OF EDUCATION BROWN v. BOARD OF EDUCATION MIRANDA v. ARIZONA MIRANDA v. ARIZONA ROE v. WADE ROE v. WADE LAWRENCE & GARNER v. TEXAS LAWRENCE & GARNER v. TEXAS 2003 2003 ENDED SODOMY LAWS ENDED SODOMY LAWS ALLOWED ADULT PORNOGRAPHY ALLOWED ADULT PORNOGRAPHY

28 TWO PHILOSOPHICAL VIEWS STRICT CONSTRUCTION STRICT CONSTRUCTION

29 TWO PHILOSOPHICAL VIEWS STRICT CONSTRUCTION STRICT CONSTRUCTION BROAD CONSTRUCTION BROAD CONSTRUCTION

30 ASSIGNMENT PAGE 395 #1-5 PAGE 395 #1-5 PAGE 399 #1-5 PAGE 399 #1-5 PAGE 402 #1-2 PAGE 402 #1-2 EXTRA CREDIT: research and report on another “significant Supreme Court Case” (1-2 page report) EXTRA CREDIT: research and report on another “significant Supreme Court Case” (1-2 page report)


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