Courts 2/28/2012. Clearly Stated Learning Objectives Upon completion of this course, students will...

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Courts 2/28/2012

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  • Courts 2/28/2012
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  • 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.
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  • Office Hours and Readings Readings- Chapter 11 on the Courts Office Hours Today- 11-2 Wednesday 10-2
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  • THE SUPREME COURT Article III
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  • The Courts in the Constitution Article III Section I One supreme court Ability to Create others Tenure of office Article III Section 3- treason
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  • Article III Section 2 ambassadors and other ministers, counsels, and admiraltyadmiralty controversies between two or more states states between citizens vs foreign citizens or states.states
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  • THE FEDERAL COURT SYSTEM
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  • Federal District Courts The Main Trial Courts of the SystemTrial Federal Crimes are Tried here Federal Crimes The Federal Court DowntownDowntown
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  • Court of Appeals can only hear appeals lacks original jurisdiction Our court is in New OrleansOrleans
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  • The Supreme Court Chief Justice 8 Associate Justices Court packing
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  • Jurisdiction Original Appellate
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  • HOW YOU GET ON THE COURT No Age or Education requirements
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  • Role of the President A very great power The president plays politics here.
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  • How Presidents Decide try to appoint people like themselves (90% of all Justices come from the President's party) Political Factors the courts need to work with the president to ensure its actions are followed. You hope you avoid back-stabbers
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  • The Senate Increasingly partisan since the 1980s Senatorial Courtesy for Lower-Level Judges Temporal Forces
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  • Other Players Interest Groups The Media The Public
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  • HOW CASES REACH THE SUPREME COURT The politics of it all
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  • Justice is not Blind Cases Reach The court because of policy They can Hear anything they want (original jurisdiction)
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  • Most Cases Come through The System Writ of Certiorari Appeals The Solicitor General
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  • The Process
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  • Does My Case Have A Chance? No (stare decisis) What is Likely to Be Heard What they are Hearing nowHearing
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  • JUDICIAL REVIEW The Real Power of the Courts
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  • Marbury vs. Madison Midnight Judges in 1800 A New System of Checks and Balances Overturned by impeachment and amendment
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  • Todays Court Left Bader-Ginsburg (Clinton) Breyer (Clinton) Sotomayor (Obama) Kagan (Obama) Right Scalia (Reagan) Thomas (Bush) Roberts (GW Bush) Alito (GW Bush
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  • Applying the Bill of Rights Barron v. Baltimore 1883 Too Bad, the Bill of Rights only applies to actions of the Federal Government
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  • Selective Incorporation Application of the 14 th Amendment Piecemeal application of the Bill of Rights Gitlow vs. New York changes this (1925)
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  • Selective Incorporation
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  • Limits on the Courts Power Amendment Impeachment Judges reverse themselves Wait them Out