091309 Gov Team Judiciary 50m

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091309 Gov Team Judiciary 50m

  1. 1. Welcome Gov Team! Boot up, Lids down. Date: 09/13/09 , Topic: Confirmations Think of items to discuss. Announcements: Wednesday Townhall at Cupertino City Hall Thursday, Constitution Day Executive Officers Meeting
  2. 2. Gov Team Agenda 1) Possible Nominee Talk Show 2) 9 Justices Profiles Block: Dred Scott Moot Court + Mock Hearing on Q1 Unit To Dos 1) Submit Q1 to your unit workspace Reminder 1) 2 nd Question Due Monday 9/28 2) Laptops Block + Friday 3) Ex Officers Meeting:
  3. 3. Listen baby Ain't no mountain high Ain't no valley low Ain't no river wide enough, baby If you need me, call me No matter where you are No matter how far Don’t worry baby Just call out my name I'll be there in a hurry You don't have to worry There ain't no mountain high enough Ain't no valley low enough Ain't no river wide enough To keep me from getting to you, baby Remember the day I set you free I told you You could always count on me darlin And from that day on I made a vow I'll be there when you want me Some way, some how Cause baby There ain't no mountain high enough Ain't no valley low enough Ain't no river wide enough To keep me from getting to you, baby
  4. 4. Speech Process A-Assign Sections : - Open up discussion of big Q (1 ppl) - Bullet 1 (1-2 ppl) - Bullet 2 (1-2 ppl) - Close discussion of big Q (1-2 ppl) S-Sign Post : “Be verbally obvious which part of Q you are addressing A - Authenticate : Is it true to you? P - Proof : Verify you prove what you say (Whole speech target: 3:30-3:45min)
  5. 5. Followup Process A - Answer : Quick answer to their question S - Story : Background on the issue A - Analysis : Detailed answer to their question P - Proposal : Recommendation on what should be done (All responses need to be short and spoken slowly. Try to get 3 people on a question, but never all 5)..
  6. 6. Review 1) Loose Interpretation : Interpret Constitution loosely to evolve with changing times. 2) Strict Interpretation : Stick to literal word meaning of the Constitution 3) Originalism : Stick to intent of the framers/law writers. 4) Judicial Activism : Court should not shy from being early in solving public controversies. 5) Judicial Restraint : Court should wait until the more democratic branches exhaust resolving public controversies.
  7. 7. 5) 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 6) All Federal Judges : Appointed by President > confirmed by Senate serve for life.* *Tradition has been for Cir+Dist nominees, Pres will get the approval of those area’s senators.
  8. 8. 7) Confirmation : Senate Judiciary Committee interviews but its whole Senate that votes (50) Filibuster: a delay tactic used by minority party that can force confirm to need 60 votes. President: Serve 8 years max (technically 10 if they were a VP for a dead pres). The justices to all 3 levels they appoint serve for life, they can be X-30+ years! Ford is dead, but Stevens is still on the court. Reagan is dead, but Scalia and Kennedy still on.
  9. 10. Project 1 , Title “ Obama Nominees ” As unit, you’ll be assigned a person to either support OR attack as a potential nominee. (Big speculation Stevens will retire soon) Possible Nominees: Harold Koh Seth Waxman Diane Wood FORMAT (For your own use, no need to share with Chiang) i) Bio ii) Your argument. iii) Possible attacks and your counter attacks. Ask opponents to prove their claims!
  10. 11. Notes #12a , Title: “ Lecture Notes ” 1) 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.
  11. 12. Notes #12a , Title: “ Lecture Notes ” 1) 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.
  12. 13. Notes #12a , Title: “ Lecture Notes ” 2) Certiorari : D+C courts must accept all cases, but SC can refuse to hear a case. It takes 4/9 votes for SC to accept a case Avg: 1000+ request , 100+ granted. (activist vs restraint key to how many cases get granted cert)
  13. 14. Notes #12a , Title: “ Lecture Notes ” 2) Certiorari : D+C courts must accept all cases, but SC can refuse to hear a case. It takes 4/9 votes for SC to accept a case Avg: 1000+ request , 100+ granted. (activist vs restraint key to how many cases get granted cert)
  14. 15. Gideon v Wainwright
  15. 16. Work #12a , Title “ SCOTUS Practice ” Answer with a partner: 1) If the 9th Circuit bans the Pledge of Allegiance, do CA district courts have to follow it? 2) Does the 11th Circuit have to follow? 3) Who are the 2 courts that can overturn such a decision? 4) Using precedent , craft an argument persuading a teacher to give you your cell phone back. 5) Why is precedent important to a strong legal system ? 6) If the 9 th and 11 th Circuit reaches different opinions, what often happens when that occurs? 7) Which courts can refuse to accept cases, what happens when they do that?
  16. 17. Th ree K inky So uthern Gi rls Br ing Ro ck St ars Sca ndals A plenty
  17. 18. <ul><li>1) Stevens - LIB </li></ul><ul><li>2) Sotomayer - LIB </li></ul><ul><li>3) Ginsburg - LIB </li></ul><ul><li>4) Breyer - LIB </li></ul><ul><li>5) Kennedy - SWING VOTE (LEANS CON) </li></ul><ul><li>6) Roberts - CON, CHIEF JUSTICE </li></ul><ul><li>7) Alito - CON </li></ul><ul><li>8) Scalia - CON </li></ul><ul><li>Thomas - CON </li></ul>
  18. 19. Project 2 , Title “ 9 Justice Profiles ” Setup your unit PBWorks space (IT manages it) 1) Divide the 9 justices and find out what is their political ideology + evidence of that political ideology 3) Post your summary to your unit’s PBWorks Between your unit, your unit must know the ideology of the 9 justices! http://www.oyez.org/courts/roberts/robt4
  19. 20. Review 1) 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.
  20. 21. 2) Certiorari : D+C courts must accept all cases, but SC can refuse to hear a case. It takes 4/9 votes for SC to accept a case Avg: 1000+ request , 100+ granted. (activist vs restraint key to how many cases get granted cert)
  21. 22. Review District (Trial) Court : Jury determines what the facts are judge determines what the law is. Judge informs jury about the law, jury determines if facts fit. Appellate Court (Circuit and SCOTUS) : Assumed that facts correctly found by jury, so review only of how the judge interpreted the law . Can’t look at new facts.
  22. 23. Notes #12a , Title: “ Moot Court Notes ” 1) Majority Decision : Chief justice assigns just. to write the decision will be precedent 2) Concurring Decision : Justice who voted with majority but for diff. reasons (no precedent, just persuasive on future) 3) Dissenting Decision : Justice who voted against majority (no precedent, just persuasive on future) 4) Amicus Curiae Brief : Concerned groups not involved in the case who want to persuade the justices. 5) Remand : Send case back to lower trial (district court) to reexamine the facts
  23. 24. Project 3 , Title “ Moot Court: Dred Scott ” Dred Scott v. Sanford Write these in your workbook: 1) Greeting Statement 2) Issue Statement 3) Facts of the Case 4) Legal Arguments SKIP: Possible Rebuttals 5) Closing Statement Look up case precedent to support your case!
  24. 25. 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) Make sure to use precedent to support your case!
  25. 26. Gov Team Agenda 1) Possible Nominee Talk Show 2) 9 Justices Profiles Block: Dred Scott Moot Court + Mock Hearing on Q1 Unit To Dos 1) Submit Q1 to your unit workspace Reminder 1) 2 nd Question Due Monday 9/28 2) Laptops Block + Friday 3) Ex Officers Meeting:

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