091010 gov judiciary 50m

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091010 gov judiciary 50m

  1. 1. DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 09/10/10 , Topic: Judiciary 2) Next line, write “ Opener #11 ” 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
  2. 2. Agenda 1) How to argue cases? Primary Objective 1) Learning how to defend your rights. Reminder 1) Find & complete your 4 news pods
  3. 3. Review 1) Judiciary : 1 of the 3 branches, designed to be most independent ( protect minority rights ). Power to interpret : kill laws or force actions . 2) Judicial Review : Cases brought to it, judiciary’s power to strike down part of laws (Marbury v Madison: strike part of Jud Act 1789)
  4. 4. Review 3) Loose Interpretation : Interpret Constitution loosely to evolve with changing times. 4) Strict Interpretation : Stick to literal word meaning of the Constitution
  5. 5. Notes #11a , Title: “ Judiciary Notes ” 1) Judicial Activism : Court should not shy from being early in solving public controversies. 2) Judicial Restraint : Court should wait until the more democratic branches exhaust resolving public controversies.
  6. 6. Journ #11a , “ Con Interpretation Debate 2 ” 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: Jud Restraint 1) Judges are not elected or confirmed by the ppl 2) 9 Justices aren’t wiser than Congress + President, or millions ppl 3) Who gives 9 Justices the right to override the democratic process? PRO: Jud Activism 1) Life term judges have can make decisions free of politics 2) Federal judges are wiser than Pres/Cong 3) Society at times needs a jumpstart to do what’s right (Brown v Board)
  7. 9. Notes #11b , Title: “ Judiciary Notes ” 3) 3 Levels to Federal Court : Supreme Court (1) Circuit Court of Appeals (13): We are in the 9 th Circuit District Trial Court (94): We are in the Northern CA Fed District Court 82% Male, 18% Female, 49% GOP, 45% DEM 82% White, 5% Hispanic, 0.5% Asian 4) All Federal Judges : Appointed by President > confirmed by Senate serve for life.* *Tradition is for Cir+Dist nominees, Pres ask local Senators, also any Senator can hold up.
  8. 10. N. CA District
  9. 12. Judge Edward Chen (appointed by Pres. Obama)
  10. 13. CA is part of the 9 th Circuit Court
  11. 14. 28 judges rotate the 9th
  12. 17. 9 th Circuit
  13. 18. FYI 1) Judge : Judge on any of the courts lower than the highest court (their decision has the same power as a higher court, except they can be reversed by higher court ) 2) Justice : Judge on the highest court (their decision can only be reversed by constitutional amendment* ) *Technically, the Constitution has given Congress the power to remove certain topics from the jurisdiction of the court, this has never been done (Art 3, Sec 2).
  14. 19. 5) SCOTUS : Supreme Court of the U.S., 9 judges. 4 of 9 judges to take a case, 5 of 9 for a decision . Chief Just. Roberts .
  15. 21. SCOTUS: 9 Justices 9 th Justices
  16. 22. Th ree K inky So uthern Gi rls Br ing R apper Ka nye Sca ndals A plenty
  17. 23. 1) Ginsburg - LIB 2) Sotomayer - LIB 3) Kagan - LIB 4) Breyer - LIB 5) Kennedy - SWING VOTE (LEANS CON) 6) Roberts - CON, CHIEF JUSTICE 7) Alito - CON 8) Thomas - CON 9) Scalia - CON
  18. 24. Notes #11b , Title: “ Judiciary Notes ” 6) Precedent/ Stare Decisis : Make laws more predictable , judges obligated to rule in current case as it had in similar past cases . Lower court must obey past decisions made by higher courts. Court if persuaded can reverse its own decision, or decisions of lower court. Example: 9 follow SCOTUS Nor Cal District follow 9 9 no need follow 13
  19. 25. Past Cases Current Case: Cases are never identical to past cases. No Yes
  20. 26. Journ #11b , Title “ Precedent Practice ” With a partner, write YES or NO, if it is allowed ( include their name ): 1) 9 th Circuit reverses a decision made by the Nor. CA District court. 2) 9 th Circuit reverses a decision by the So. NY District court. 3) 9 th Circuit reverses a decision by the 5 th Circuit Court. 4) 9 th Circuit reverses a decision by SCOTUS . 5) SCOTUS reverses a decision by the 9 th Circuit . 6) SCOTUS reverses a past decision by SCOTUS . 7) President and Congress reverse a decision by SCOTUS.
  21. 27. Journ #11c , Title “ Precedent Argument ” 1) Using conflicting past precedent, draft an argument to either: either get the laptop back or to fight to have the teacher keep it . Start with these lines: May it please the court, I am counsel for X. [then start your reasoning, example, based on the past decision of…]
  22. 28. 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 )

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