Courts II

3/1/2012

Clearly Stated Learning Objectives

• Upon completion of this course, students will be able to:– understand and interpret the United States

Constitution and apply it to present policy dilemmas

– Identify and explain the role of formal institutions and their effect on policy.

– students will have a better understanding of why our national government works and why the American system of government is unique.

Office Hours and Readings

• Readings- Chapter 11 on the Courts

• Office Hours– Today- 11-2– Wednesday 10-2

JUDICIAL REVIEWThe Real Power of the Courts

Marbury vs. Madison

• Midnight Judges in 1800

• A New System of Checks and Balances

• Overturned by impeachment and amendment

Today’s Court

Left• Bader-Ginsburg (Clinton)• Breyer (Clinton)• Sotomayor (Obama)• Kagan (Obama)

Right• Scalia (Reagan)• Thomas (Bush)• Roberts (GW Bush)• Alito (GW Bush

Applying the Bill of Rights

• Barron v. Baltimore 1883

• Too Bad, the Bill of Rights only applies to actions of the Federal Government

Selective Incorporation

• Application of the 14th Amendment

• Piecemeal application of the Bill of Rights

• Gitlow vs. New York changes this (1925)

Selective Incorporation

Limits on the Court’s Power

• Amendment

• Impeachment

• Judges reverse themselves

• Wait them Out

FREEDOM OF SPEECH AND PRESSProtections from Government

Freedom of Religion: Free Exercise

• Enables you to believe what you want

• Churches are tax-exempt

• Limits on Practice

Freedom of Religion: Establishment

• No national religion

• No specific mention of separation of church and state

The Lemon Test• Lemon V. Kurtzman

– must have a legitimate secular purpose

– must not have the primary effect of either advancing or inhibiting religion;

– not result in an "excessive entanglement" of the government and religion.

School Vouchers and the Lemon Battle

Supporters• Provides students a better

opportunity

• Defray the cost of education for poor/middle class families

• Increases competition in the education marketplace

Opponents• 80% of private schools are

religiously affiliated

• Welfare for the rich

• Vouchers violate the establishment clause

Prayer in School

• Not Since 1962

• What you can’t do

• What you can

Free Speech and Press

• The First Amendment is Fully incorporated

• Very high levels of speech and press

• There are some restrictions

Clear And Present Danger

• Sets the framework for free speech

• Fighting Words

• Threats

WHAT IS PROTECTED?

Hate Speech

• Actually, it is free speech

• Cannot incite immediate violence

Subversive Speech

• Protected under Brandenburg v. Ohio

• It cannot call for imminent violence

• Threats are taken seriously

Literature

• Banned books are pure hype

• There are no federally banned books in the United States

• Books are challenged at the local level and can be removed from libraries

WHAT IS NOT PROTECTED

Neither is protected

Obscenity

• No socially redeeming value

• “I Know it when I see it”

• Regulated by community standards

Community Standards

What We See and Hear

• FCC Regulates Content

• TV and Radio have strict guidelines

• Pay TV and Print are less restrictive

• Internet has few restrictions

Prior Restraint

• Pre-publication censorship

• Troopship information

• National Security