Lowest LevelExample: Bucks County Courthouse AppealsExample: PA Court of AppealsState Supreme CourtExample: PA Supreme Court
Supreme Court JusticesPresident nominates and appoints with approval of Congress Concepts of judicial activism and judicial restraint affect the judicial selection process
Current (2009) salary for the Chief Justice is $217,400 per year, while the Associate Justices each make $208,100
Judicial Restraint Follow a strict interpretation of the ConstitutionBelieve judges should also follow precedent Judicial Activism Loosely interpret the Constitution Argue law should be interpreted and applied in the light of ongoing changes in conditions and valuesResults in the expansion of judicial powers
―It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other; the courts must decide on the operation of each”
Inferior Courts = lower federal courts beneath the Supreme Court
The authority of a court to hear (to try and decide) a case Federal courts hear cases for two reasons: • Subject Matter Application of the U.S. Constitution • Parties Involved State v. State Citizen v. State
Types of Jurisdiction Exclusive JurisdictionThose cases that can only be heard in the federal courts Concurrent JurisdictionStates and Federal Courts share power to hear cases Original Jurisdiction A court in which a case is first heard Appellate JurisdictionA court that hears a case on appeal from a lower court
Define FederalismPower is split between the Federal government and state governments.Applying federalism to court jurisdictionAll cases not heard by Federal Courts are in the jurisdiction of State Courts…
Why do youWhat does think it might Highest rank the word be important and authority;“Supreme” to have a ultimate, final mean? “Supreme” Court?
Chief Justice and eightassociate judgesNominated and appointed byPresident, with Senateapproval.Concepts of judicial activismand judicial restrain affect thejudicial selection process
Service Birth Name, state Assoc. Justice Chief Justice Yrs Place Date Died Religion Antonin Scalia, DC 1986– — N.J. 1936 — Roman Catholic Anthony M. Kennedy, Calif. 1988– — Calif. 1936 — Roman Catholic Clarence Thomas, DC 1991– — Ga. 1948 — Roman Catholic Ruth Bader Ginsburg, DC 1993– — N.Y. 1933 — Jewish Stephen G. Breyer, Mass. 1994– — Calif. 1938 — Jewish John G. Roberts, DC 2005–— N.Y. 1955 — Roman Catholic Samuel A. Alito, Jr., N.J. 2006– — N.J. 1950 — Roman Catholic Sonia Sotomayor N.Y. 2009– — N.Y. 1954 — Roman Catholic Elena Kagan N.Y. 2010– — N.Y. 1960 — Jewish
Maintain their neutrality Protect the rights of people to express unpopular views Promote consistent interpretations of laws
Supreme Court Justices can retire: • At age 70 Must have served 10 years to receive full salary for life • At age 65 Must have served 15 years to receive full salary for life Chief Justice Associate $217,400 Justices per year $208,100
Vary in their political and legal philosophies... Judicial Activism Judicial Restraint Loosely interpret and Follow a strict apply the interpretation of the Constitution based Constitution on ongoing changes Believe judges should and values. also follow precedent
Both original and appellate jurisdiction • Most cases come on appeal from the lower courts. Original jurisdiction exists when: 1. There are controversies involved 2+ states 2. The case involves ambassadors or other public ministers Marbury v. Madison • Supreme court case that established power of judicial review
Supreme Court has the power to decide the constitutionality of: • State and federal legislation • Actions of chief executives • Decisions of other courts Inother words, the Supreme Court has the final authority on the meaning of the Constitution They have the POWER to declare acts and laws unconstitutional
*Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.
Born on March 19,1891 in Los Angeles Earned law degree at University of CA Appointed attorney general of CA in 1939 Governor of CA from 1942-1950 Ran for vice president in 1948 unsuccessfully Appointed chief justice by President Eisenhower and serves from 1953-1969 • Known for controversial decisions about civil rights • First major case was Brown v. Board of Education • Engle v. Vitale 1962: prayer in public school is unconstitutional • Miranda v. Arizona 1966: authorities must inform criminal suspects of their rights
Plessyv. Ferguson 1896- establishes the ―separate but equal‖ doctrine • Different interpretation of the 14th amendment • Court battles with this issue for over 50 years • People take advantage of this doctrine to oppress African Americans ―Separate but equal‖ doesn’t become an issue in education until later due to the slow development of public education.
The case combined several cases from Kansas, South Carolina, Virginia, and Delaware. The most famous case and namesake is that of Linda Brown and her family. 1952- The case was heard by Chief Justice Fred Vinson • No decision was reached • He died that year and was replaced by Earl Warren 1953- The case was reargued 1954- The court reached a unanimous decision declaring ―separate but equal‖ unconstitutional.
The court found that even if segregated schools had identical facilities (which wasn’t usually the case), something about them was ―inherently unequal.‖ They came to the conclusion that segregation itself ―had a detrimental effect‖ and was giving African American children a sense of ―inferiority‖ that ―affects the motivation of a child to learn.‖ They also declared that segregation violates the 14th amendment of equal protection under the law.
The court passed a 2nd clause for the decision dealing with implementation. • The cases would be brought back to the state courts so states could set up a means for integration in their public schools. • This didn’t acknowledge the problem of balance. Many states fought back against mandated integration. • Changed public schools into private schools and charged whites tuition • Angry mobs prevented African American students from entering schools. • Example: Little Rock Nine 1957
It forced Americans to redefine the meaning of ―all men are created equal.‖ It destroyed the ―separate but equal‖ loophole in the 14th amendment. Step in the right direction for African Americans gaining equality in society Major stimulus to civil rights movement
Miranda v. Arizona Case Background•In 1963 Ernesto Miranda was accused of rape by a woman whoidentified him in a police line up.•Miranda was charged with rape and kidnapping and wasquestioned by police for 2 hours but was never informed of his5th amendment right against self incrimination or his 6thamendment right to the assistance of an attorney.•As a result of his interrogation, he confessed in writing to thecrimes of which he was charged, his written statement alsoincluded his acknowledgement that he was aware of his rightagainst self-incrimination.•Miranda was sentenced to 20 to 30 years in prison for eachcrime
Miranda, The Plaintive•His attorney argued that his confessionshould have been excluded from trialbecause he had not been informed of hisrights, nor had an attorney been presentduring his interrogation.
Arizona, The Complainant•The police officers involved admitted that theyhad not given Miranda any explanation of hisrights. They argued, however, that becauseMiranda had been convicted of a crime in thepast, he must have been aware of his rights.The Arizona Supreme Court denied his appealand upheld his conviction.
The Verdict•Mirandas defense attorney appealed tothe Arizona Supreme Court. Eventuallythe case ended up at the supreme courtwhere it was decided in favor of Mirandawith a 5-4 vote.
In the early 1970’s, UC Davis had two admissions systems for their medical school Regular Admission Program Special Admissions Program for ethic minority and/or disadvantaged applicants. 16 out of the 100 spaces in the school were allocated for these students.
Allan Bakke, a white male was rejected twice from the medical program. Students with lower “benchmark” scores were admitted through the special admissions program. Bakke filed a suit against UC Davis for violating the 14th Amendment and the Civil Rights Act of 1964.
The Equal Protection Clause of the 14th Amendment: • ―No State shall…deny to any person within its jurisdiction the equal protection of the laws.‖ Section 601 of the Civil Rights Act of 1964; • ―No person in the United States shall be excluded from participation in or otherwise discriminated against on the ground of race, color, or national origin under any program or activity receiving Federal financial assistance. ―
Superior Court of Yolo County: • Found that the program violates the Constitution, but did not force Bakke’s admittance. Supreme Court of California: • Declares the program is in violation of the Constitution, and orders Bakke’s admittance.
Facts: • 1857, Missouri, Illinois, Wiscon sin • Dred Scott was an African- American slave • He was taken by his master from the slave state of Missouri to the free state of Illinois • He lived on free soil for a long time • When the Army ordered his master to go back to Missouri, he took Scott with him back to that slave state Issues: • Scott said that he should be free since he lived on free soil for such a long time
Arguments: • As a non-citizen many felt that Scott had no rights and could not sue in a federal court and therefore must remain a slave. Decision: • Scott lost the decision as the Supreme Court declared no slave or descendant of a slave could be a U.S. citizen • The Supreme Court also ruled that Congress could not stop slavery in the newly emerging territories • The decision enraged Abraham Lincoln, and brought the nation to the brink of the Civil War Amendment: • 13th- Abolition of Slavery
Facts: • 1896, Louisiana • Louisiana law said all African Americans must ride in a separate railroad car • Homer Plessy, a black man, refused to leace a ―white only‖ railroad car Issues: • Does segragation violate the principle of equal protection?
Arguments: • Plessy said this law of segragation violated his right to equal protection. Decision: • The Supreme Court ruled that the segragation law didn’t violate the 14th Amendment as long as the cars for blacks and whites were of equal quality • For more than 50 years this idea of separate but equal was the law of the land Amendment: • 14th- Citizenship and Civil Right
Facts: • 1954 • Lind Brown attended an all black school 21 blocks from her home • Linda Brown and her parents felt she should be able to attend a white school seven blocks from her home Issues: • Is the separate but equal law acceptable? Arguments: • Thurgood Marshall argued that the black children were made to feel inferior to whites by having separate schools for black students.
Arguments: • Thurgood Marshall argued that black children were made to feel inferior to whites by having separate schools for black students Decision: • The court agreed with Thurgood Marshall, saying separate but equal violated the equal protection clause of the 14th Amendment • The decision of Brown v. Board of Education of Topeka overturned the Plessy v. Ferguson and made all segragation unconstitutional Amendment: • 14th- Citizenship and Civil Rights
Facts: • The university of California. Davis reserved places in each entering class for African American, Hispanic American, Asian American and Native American students. • In 1973 and 1974 a white applicant named Allan Bakke applied for admission and was rejected • At the same time other applicants of other racial groups were admitted even though they had lower grade-point averages bandb test scores
Issues: • Allan Bakke argued he was a victim of reverse discrimination Arguments: • Some said that colleges can use race as basis for admission, others disagreed Decision: • The court ruled that under the equal protection principle it was unconstitutional for an admission program to discriminate against whites only because of their race • However the court said race could be one of the factors considered if the school wished to create a more diverse student body Amendment: • 14th- Citizenship and Civil Rights
Facts: • Ida Phillips applied for a position with the Martin Marietta Corporation • The corporation screened women applicants to find out whether they had young children, since the corporation believed children took up a large part of a women’s time • Ida had two preschoolers and was denied the job. Issues: • Can the company ask only women whether they have children and use this information in the hiring process.
Arguments: • Ida took the corporation to court saying she was being discriminated against since men were not questioned as to whether they had children and were hired whether they had young children or not Decision: • The Supreme Court ruled that the company could not have ―one hiring policy for women and another for men‖ Amendment: • 14th- Citizenship and Civil Rights