DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 01/24/11 , Topic: Judicial Branch 2) Next line, write “ Opener #12 ” and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opener by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None
Agenda 1) Judiciary Intro 2) First Case Intro Primary Objective 1) What is the role of the courts? Reminder 1) Pick and listen to your 4 news podcast by next Monday.
Team Quiz (10 Points) Discuss the following questions with your group. Make sure everyone understands how to answer it. Once the quiz paper is passed out, everyone individually writes their own responses. No talking once we start writing. 1 paper will be graded from each group ( 10 points ). Prepare now. Ask Mr. Chiang only if no one in your team knows. When writing, use sentences! 1) Why does the Constitution limit federal power, and how is the law making power of the Fed and states different? 2) What is Article 1 Section 8, why is it especially important?
CONSTITUTIONAL CHECKS AND BALANCES: Article 1: Congress/Legislature (House + Senate) Creates the laws Article 2: President/Executive (President + Implied Bureaucracy) Executes the laws Article 3: Federal Courts/Judiciary (US Courts) Interprets the laws (resolves conflicts)
Notes #6a , Title: “ Constitution Notes ” 5) Federalism in the Constitution : FEDERAL gov can ONLY do what the Constitution says. Make laws on very specific list of things. STATE government can do (make laws on) ANYTHING except when forbidden by the US Constitution. Parenting Analogy: FED: You can only go to the library. STATE: You can go anywhere except the bar.
Power of Taxing and Spending : Article 1, Section 8, Clause 1: Power to buy and spend (for the “General Welfare” is very powerful. Mandates Review: If when the Fed demands the state to do something. If the state refuses, the Fed will deny it money. (States can refuse to obey and lose the money). c1: “Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts”
Interstate Commerce Clause (ICC) : Article 1, Section 8, Clause 3: Initially passed to prevent interstate trade conflicts , courts have allowed Congress to use it to pass MANY laws with a loose connection to economic activity . NPC Review: NPC by itself has NO power. Congress has to prove the new law is connected to 1-17 like 3 (ICC), then the NPC lets them make it. c3: “To regulate commerce with foreign nations, and among the several states ”
Notes #12a , Title: “ Judiciary Notes ” 1) Congressional Law or Act : Congress will create laws it thinks is constitutional, but if challenge, courts decide (judicial review)
Notes #12a , Title: “ Judiciary Notes ” 2) Judiciary (interpet Constitution and laws) : designed to be most independent ( protect unpopular/minority ). Power to force actions or strike laws . Constitution 1: Legislature CREATES (S + H) 2: Executive EXECUTES (President) 3: Judicial INTERPRETS (SC, CC, DC) Bureaucracy
Notes #12a , Title: “ Judiciary Notes ” 3) Judicial Review : Cases brought to it, judiciary’s power to interpret what laws mean and if laws inline with the Constitution (Marbury v Madison: strike part of Jud Act 1789)
Notes #12a , Title: “ Judiciary Notes ” 4) Loose Interpretation : Interpret Constitution loosely to evolve with changing times. 5) Strict Interpretation : Stick to literal word meaning of the Constitution (Scalia)
Journ #12a , “ Con Interpretation Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 CON: Strict 1) More predictable 2) If times change, then let Congress amend the Constitution. 3) Federal judges are nominated for life, its too much power to let decide what laws are. PRO: Loose 1) Strict can lead to unpractical outcomes 2) Times change, laws need to reflect change. 3) The courts are the most qualified to determine the meaning of laws (laws will always need interpreter)
Notes #12b , Title: “ Judiciary Notes ” 1) Trial (Mock Trial) : First case, fact finding case 2) Appellate Case (Moot Court) : Appealed case, can only look at mistake of law ( mistakes by judges ) 3) Counsel : Lawyer 4) Judge/Justice (SC) : Decides what the law is 5) Jury : Decides what the facts are: what really happened? (jury can be waived) 6) Plantiff ( π or P ) : Harmed 7) Defendant ( Δ or D ) : Accused 8) Appellant ( a ) : Person who lost lower case, and appeals to higher ( 1: District Court > 2: Circuit Court of Appeals > 3: Supreme Court) 9) Respondant ( r ) : Person who must defend their lower case victory (only loser can appeal)
Article 1, Section 8, Clause 3 To regulate Commerce with foreign Nations, and among the several States (among the 17 things Congress has the power to make laws on, Amendments gave Congress a few more)
Oral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts(both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up) Always start with your name!
Journal #13a , Title “ Moot Court Prep ” FILL-IN (a_) v. FILL-IN (r_) 1) Everyone outline in journal: CASE OUTLINE i) Greeting Statement (prescribed) ii) Issue Statement iii) Facts of the Case iv) Legal Arguments (3 bullets) SKIP: Possible Rebuttals 2) Write down your role , now script what you plan to say during the case (30 sec-1 min each), work as a team Article 1, Section 8, Clause 3 (Interstate Commerce Clause) : “ To regulate Commerce with foreign Nations, and among the several States” ( TIP: Plaintiffs are arguing law is un constitut ) Article 1, Section 8, Clause 17 (NPC) : “ To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers” ROLES 1a) Greeting Statement 1b) Issue Statements 1c) Facts 2) Initial Arguments (2x if 5) 3) Rebuttals 4) Closing Stmt (+ spc ending ) Judges special, see Chiang.
Journal #13b , Title “ Federal Power Review ” Article 1, Section 8, Clause 3 (Interstate Commerce Clause) : “ To regulate Commerce with foreign Nations, and among the several States” Article 1, Section 8, Clause 17 (NPC) : “ To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers” Oral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts(both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up) 1a) + :compliment, – :thing to improve, Your decision 1b) Case name + real outcome of the case. 2…4b)
1b) Hammer v. Dagenhart: ruled Cong. can NOT make law on child labor (later, court says Cong. can in US v Darby) 2b) Heart of Atlanta Motel v. US: Cong. can make law banning racism in public accomidations b/c substantial effect on interstate commerce 3b) US v. Lopez: Cong. can NOT make law on gun zones, no substantial effect 4b) US v. Morrison: Cong. can NOT make law on domestic violence, no substantial effect
Journal #13c , Title “ Video: Constitution Intro ” 1) Copy Source Title: Annenberg 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Journal Sections Time Bookmark: 00:00
Homework: 1) Study today’s notes + journal sections for a possible journal quiz . 2) Pick and listen to your 4 news podcast by next Monday. Journal Check: If your name is called, drop off your journal with Mr. Chiang ( if requested, points lost if your journal is not turned in )