WARM-UP A.What does the word interpret mean? Recall a time when you might have noticed your teacher...
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Transcript of WARM-UP A.What does the word interpret mean? Recall a time when you might have noticed your teacher...
WARM-UP
A. What does the word interpret mean?
Recall a time when you might have noticed your teacher was angry or sad. How did you know they were angry or sad? Actions? Words?
Did they ever say, “I am angry”
A. Have you ever interpreted something the wrong way?
Bias
Not Len Bias…having bias
What does this mean?
Are you biased in any way?
Remember these two words, they will help you understand the Supreme Court.
The Judicial Branch
The Judicial System: Inception• The judiciary
under the Articles of Confederation
• Constitutional Convention
• Article III of the Constitution
• Judiciary Act of 1789
Judicial Branch“The judicial Power of the United States, shall be vested in one
supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish” -Article III, Constitution
Interpretation: The Supreme Court was the only court established by the Constitution. All other courts were established by Congress.
Purpose
To interpret the laws and actions carried out by the Executive and Legislative branches.
In other words: Judicial Review
Once a case is decided, only another case can overturn that decision.
Bias can affect how judges interpret things.
Jurisdiction
Jurisdiction: the right of a
court to hear a case and apply
the law.
Types of Jurisdiction
• Original
• Appellate
• Exclusive
• Concurrent
Original and Appellate Jurisdiction
Original: First hearing of any case
Appellate: Review of the PROCESS of an original trial
Supreme Court has both kinds of jurisdiction
Qualifications
There are no official qualifications to be a Judge.
Does this mean anyone can be a judge? Yes.
But…
Would you want someone with no experience to be a judge?
Federal Courts
Constitutional Courts• U.S. Supreme Court
• Courts of appeals
• District courts
• U.S. Court of International Trade
Special Courts • Court of Federal Claims
• Military tribunals
• Court of Appeals for the Armed Forces
• Territorial courts
• U.S. Tax Court
• Court of Veterans Affairs
Levels of Federal Courts
Lowest—district courts
Middle—court of appeals
Highest—Supreme Court
The Inferior Courts
• All courts below the U.S. Supreme Court
• Federal district courts
• Court of appeals
• Court of International Trade
• Court of Appeals for the Federal Circuit
The Supreme Court and “Judicial Review”
• Marbury v. Madison (1803)
• Judicial review: the Supreme Court has the ultimate say as to whether laws and acts of government are constitutional
Chief Justice John Marshall
The U.S. Supreme Court
Supreme Court Justices as of 2010: Back row (left to right): Sonia Sotomayor,
Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right):
Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg
Supreme Court
9 Supreme Court Justices (Judges)
1 of the 9 is called a Chief Justice of the Supreme Court
All 9 are appointed by President
All 9 confirmed by Senate
Once confirmed, Judges serve for life.
Chief Justice
Considered the head of the Judicial Branch
Leads the Supreme Court and presides over impeachment trials.
Current Chief: John Roberts
Notable Supreme Court Justices
Sandra Day O’Connor: first female Supreme
Court Justice
Thurgood Marshall: first African American Supreme
Court Justice
John Jay:First U.S. Supreme
Court Justice
The U.S. Supreme Court
Opinions of the Court
• Majority Opinion
• Concurring Opinion
• Dissenting Opinion
Supreme Court Case
Both sides have 30 minutes to debate
Supreme Court decision Law of the land
Supreme Court… court of last resort
Amicus Brief
Since Supreme Court cases are so important, they can affect other people.
A case is between two people or parties
Sometimes a 3rd party gets involved and writes an amicus brief
“Friend of the Court”
U.S. Supreme Court Cases: Freedom of Religion
• 1st Amendment• The “Establishment Clause”• The “Free Exercise Clause”
• 14th AmendmentCases
• Zorach v. Clauson, 1952 (religious studies)
• Engel v. Vitale, 1962 (no mandatory prayer or Bible-reading in schools)
• Edwards v. Aguillard, 1987 (evolution and creationism)
• Westside Community Schools v. Mergens, 1990 (student religious groups)
U.S. Supreme Court Cases: Freedom of Religion (continued)
Lynch v. Donnelly (1984) allowed Nativity scenes on public property if the scenes were
part of a larger display that also featured non-religious objects
• Lynch v. Donnelly, 1984 (seasonal displays)
• Marsh v. Chambers, 1983 (legislative prayers)
• Bob Jones University v. U.S., 1983 (religion and racial discrimination)
• Lemon v. Kurtzman, 1971 (state aid to religious schools)
U.S. Supreme Court Cases:Freedom of Expression
• Near v. Minnesota, 1931 (“prior restraint”)
• Miller v. California, 1973 (obscenity)
• Brazenburg v. Hayes, 1972 (confidentiality)
U.S. Supreme Court Cases:Freedom of Expression (cont.)
• Tinker v. Des Moines Independent School District, 1969 (symbolic speech)
• Texas v. Johnson, 1989 (flag burning)
• 44 Liquormart Inc., v. Rhode Island, 1996 (commercial speech)
Freedom of Expression vs. National Security
• Sedition
• Alien and Sedition Acts, 1798
• Espionage Act of 1917/Sedition Act of 1918
• Schenck v. U.S., 1919
Freedom of Expression vs. National Security (continued)
Seditious Acts during a time of peace:
Smith Act, 1940
• Dennis v. U.S., 1951
• Yates v. U.S., 1957
McCarran Act, 1950
• Communist Party v. SACB, 1961
• Albertson v. SACB, 1965
Freedom of Assembly and Petition
• “Time-place-manner” • “Content neutral”
Cases• Grayned v. City of
Rockford, 1972 • Cox v. Louisiana,
1965 • Forsyth County v.
Nationalist Movement, 1992
Due Process• Substantive due
process
• Procedural due process
Cases
• Rochin v. CA, 1952 (procedural due process)
• Pierce v. Society of Sisters, 1925 (substantive due process)
Pierce v. Society of Sisters involved a Roman Catholic order’s challenge of an Oregon law
requiring public education
Due Process (continued)
• Schmerber v. CA, 1966 (police power)
Right to Privacy
• Griswold v. CT, 1965
• Roe v. Wade, 1973
Rights of the AccusedImportant terms
• Writ of habeas corpus
• Bill of attainder
• Ex post facto Laws
• Double jeopardy
• Jury trial• Bench trial
Rights of the Accused (continued)• Mapp v. OH,
1961 (exclusionary rule)
• Gideon v. Wainwright, 1963 (right to counsel)
• Miranda v. AZ, 1966 (self-incrimination)
Excerpt from Chief Justice Earl Warren’s handwritten notes to Justice William Brennan on
the Miranda case
Rights of the Accused: The 8th Amendment
• U.S. v. Salerno, 1987 (preventive detention)
• Furman v. Georgia, 1972 (outlawed death penalty laws)
• Gregg v. Georgia, 1976 (allowed “two-stage” death penalty laws)
• Coker v. Georgia, 1977 (limited when death penalty can be imposed)
Civil Rights and Liberties
• Civil rights
• Civil liberties
• Equal Protection Clause
The Bill of Rights outlines many basic
civil rights and liberties
Civil Rights: Segregation
• “Jim Crow” laws
• Plessy v. Ferguson, 1896
Cartoon depicting Plessy v. Ferguson
Civil Rights: Ending Segregation• Brown v. Board of Education of Topeka, Kansas, 1954
• De jure segregation vs. de facto segregation
• Alexander v. Holmes County Board of Education, 1969
A mother holds a paper announcing the Brown decision
Thurgood Marshall (center)
Civil Rights
• The Civil Rights Act of 1964
• Regents of the University of California v. Bakke, 1978
• United Steelworkers v. Weber, 1979
President Lyndon Johnson signs the Civil Rights Act of 1964 while Dr. Martin Luther King, Jr. looks on
I hope you took GREAT notes….
A. Use your notes to answer the following questions…
INDIVIDUALLY