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
Agenda 1) How to argue cases? Primary Objective 1) Learning how to defend your rights. Reminder 1) Find & complete your 4 news pods
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)
Review 3) Loose Interpretation : Interpret Constitution loosely to evolve with changing times. 4) Strict Interpretation : Stick to literal word meaning of the Constitution
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.
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)
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.
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).
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 .
Th ree K inky So uthern Gi rls Br ing R apper Ka nye Sca ndals A plenty
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
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
Past Cases Current Case: Cases are never identical to past cases. No Yes
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.
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…]
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 )