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Judicial branch
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- 3. “That I willexecute the office of President of the United States faithfully” “THAT I WILL FAITHFULLY EXECUTE THE OFFICE OF PRESIDENT OF THE UNITED STATES”
- 4. K-W-L Chart Topic: JudicialBranch What I Know What I Want to Know What I Learned
- 5. Today’s Goals PURPOSE:To introduce the judicial branch and its evolution of powers over the years. OBJECTIVES: Recall facts, terms and concepts related to their prior learning on the judicial branch. Compare and contrast their opinions on the Marbury case with those of Chief Justice John Marshall. Reason and draw conclusions as to the significance of the Marbury case.
- 6. Who’s got thepower? Jurisdiction = the authority to hear certain cases Federal Court Jurisdiction: Federal laws Treaties with foreign nations Interpretations of the Constitution Bankruptcy Admiralty or maritime law Cases involving certain people: Ambassadors and other representatives of foreign governments Two or more state governments U.S. government or one of its agencies Citizens who are residents of different states Citizens of the same state, but with properties out of state
- 7. 3 Types ofJurisdiction Concurrent Both federal and state courts have jurisdiction. EX) A dispute concerning more than $75,000 between citizens of different states Original Given to the court the originally heard the case. EX) District courts and other lower courts Appellate The power of a court to review decisions and change outcomes of decisions of lower courts. EX) Courts of Appeals
- 9. JOURNALING: WRITE ANANSWER TO THE FOLLOWING QUESTIONS IN PEN: “YOU HAVE BEEN ELECTED THE NEW MAYOR OF GAHANNA. BEFORE LEAVING OFFICE, THE OLD MAYOR GAVE JOBS TO SEVERAL OF HIS POLITICAL FRIENDS, BUT THE PAPERWORK HASN’T MADE IT TO THE PERSONNEL OFFICE YET. A. SHOULD YOU… 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “officially” in the system yet? B. WHAT ARE THE POSSIBLE NEGATIVES TO DENYING THESE PEOPLE THEIR JOBS? WHAT ARE THE POSSIBLE POSITIVES TO ALLOWING THEM TO TAKE THESE JOBS? C. WOULD IT MAKE A DIFFERENCE IF THE PERSPECTIVE EMPLOYEES HAD WORKED AGAINST YOU IN THE MAYORAL ELECTIONS?
- 10. Marbury vs. Madison As President Adams’ term was about to expire in 1801, Congress passed a bill giving him the power to appoint 42 justices of the peace in D.C. The Senate quickly confirmed the nominees. The Secretary of State had delivered all but four of the commissions by the time Jefferson assumed office. Jefferson stopped the delivery of the remaining commissions. Marbury was one of those who did not receive his commission.
- 11. In the orderin which the court has viewed this subject, the following questions have been considered and decided: 1. Has the applicant a right to the commission he demands? 2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy? 3. If they do afford him a remedy, is it a mandamus issuing from this court?
- 13. Chief Justice Jon Marshall Extended the Court’s power to review state laws Broadened federal power at the expense of the states
- 14. DUE PROCESS (14thAmendment) “No state may deprive a person of life, liberty, or property without due process of law.” Slaughterhouse Cases = the 14th Amendment did not increase the rights of an individual Plessy v. Ferguson = “Separate, but equal” Brown v. Board of Education of Topeka = “Separate facilities are inherently unequal”
- 15. K-W-L Chart Topic: JudicialBranch What I Know What I Want to Know What I Learned
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- 17. Today’s Goals: Whatare we talking about today?
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- 19. Watcha know aboutme? Duties of a Justice Hear and rule on cases by deciding on which cases to hear, deciding the case itself, and determining an explanation. One justice is assigned to each federal circuit with three handling two each (for a total of 12). Occasionally, they take on other duties.
- 21. Considerations in theNominating Process Party Similar political beliefs American Bar Association rating Interest groups’ opinions Justices’ opinions
- 22. Quick Review: PoliticalSpectrum
- 23. Washington Prepares fora Fight Over Any Nominee 1. What has President Obama said he will be looking for in a new Supreme Court justice? Do you agree that these are the right qualities to seek out in a justice? Why or why not? 2. Why do you think there is pressure for President Obama to nominate a woman to the bench? 3. Why do you think Wendy Long said that “there could not be a better issue to latch on to for a Republican renaissance to start building on — drawing some distinctions on issues”? Do you agree? Why or why not? 4. What is potentially at stake in finding a suitable replacement for Justice Souter? 5. How do you think Republican Party leaders should approach this nomination? What about Democratic Party leaders?
- 24. Sonia Sotomayor • FirstHispanic on the U.S. Supreme Court • 3rd female justice in U.S. Supreme Court history • Attended Princeton and Yale • Roman Catholic • Married • She shops at Costco • She rescheduled on the VP • She was born the same year as Brown vs. Board of Education (1954)
- 25. Clarence Thomas Sonia Sotomayor Antonin Scalia Chief Justice John Roberts Anthony Kennedy RuthBader Ginsburg Elena Kagan Stephen Bryer Samuel Alito Jr.
- 26. Female vs. MaleJudges?
- 27. HOMEWORK Write aletter to either Senator Brown or Portman or President Obama detailing yours views on how to approach the nomination and approval process. Letters should answer the following questions: a. Who are you and why are you writing? b. What is at stake in the nomination and approval process? (You can write about constitutional issues, hot button political issues that will likely be addressed by the court in the upcoming years, and/or issues facing political parties that could be addressed in the debate over the nominee). c. What is your advice to your subject about how to navigate the nomination and approval process to secure the best outcome for his or her political party and the American people as a whole?
- 32. The Supreme Courtat Work
- 34. Selective Service: Whomust Register? Almost all male U.S. citizens, and male immigrants living in the U.S., who are 18 through 25, are required to register with Selective Service. to be in full compliance with the law, a man turning 18 is required to register during the period of time beginning 30 days before, until 30 days after his 18th birthday...a 60-day window. NON-CITIZENS: undocumented immigrants, legal permanent residents, and refugees. The general rule is that if a male non-citizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service. SEX GENDER CHANGE / TRANSEXUAL: Individuals who are born female and have a sex change are not required to register. U.S. citizens or immigrants who are born male and have a sex change are still required to register.
- 35. What Happens IfYou Do Not Register? STUDENT FINANCIAL AID: Men, born after December 31, 1959, who aren't registered with Selective Service won't qualify for Federal student loans or grant programs. This includes Federal Pell Grants, Federal Supplemental Educational Opportunity Grants (FSEOG), Direct Stafford Loans/Plus Loans, National Direct Student Loans, and College Work Study. CITIZENSHIP The U.S: Citizenship and Immigration Services (USCIS) makes registration with Selective Service a condition for U.S. citizenship if the man first arrived in the U.S. before his 26th birthday. FEDERAL JOB TRAINING: The Workforce Investment Act (WIA) offers programs that can train young men seeking vocational employment or enhancing their career. This program is only open to those men who register with Selective Service. Only men born after December 31, 1959, are required to show proof of registration. FEDERAL JOBS: A man must be registered to be eligible for jobs in the Executive Branch of the Federal government and the U.S. Postal Service. Proof of registration is required only for men born after December 31, 1959.Some states have added additional penalties for those who fail to register.
- 36. Conscription (The Draft)in the United States.
- 37. Step 1: Eventslead to legislation
- 38. Vietnam War: Facts Cost: $200 B 58,220 Americans sacrificed their lives (1.3 M total + 1 M civilians) Average age of men killed: 23.1 years. Of those killed, 61% were younger than 21 1961-1975 (long war in America’s history) Unpopular (on par with Iraq War)
- 39. Step 2: TheLottery
- 40. Step 3: AllParts of Selective Service are Activated.
- 41. Step 4: Physicaland Mental Evaluations.
- 42. Step 5: Appealsand Induction Notices Sent Out
- 43. Step 6: Inducteesare Delivered to the Military.
- 44. Who is excludedfrom this process?
- 45. Today’s Goals PURPOSE:To understand how a court case reaches the Supreme Court and subsequently how the Court reaches its decision. OBJECTIVES: Identify both the steps a case must take in order to reach the Supreme Court and the steps Supreme Court justices take to reach a decision. Convert information gathered from online sources to comic form in studying Tinker v. Des Moines Independent Community School District. Make connections across time and space (Tinker to Ferguson) to explain how the Supreme Court functions as the primary interpreter of the Constitution.
- 46. Tinker v. DesMoines School District Three students wore black armbands protesting the Vietnam War School officials had announced beforehand that these were not permitted Students were suspended Father filed complaint SC ruled in their favor (1st Amendment)
- 47. How Cases Reachthe Supreme Court 1. Writ of Certiorari An order from the SC to a lower court to send up the records of a case for review. The party seeking review petitions the SC for certiorari and must argue that the lower case made an error or a constitutional issue is at stake. 2. On Appeal The decision of a lower federal court or state court has been requested to be reviewed.
- 48. Solicitor General Appointedby the President (link between executive and judicial branch) Represents the federal government before the SC Plays a key role in setting the Court’s agenda Donald B. Verrilli Sworn in June 9, 2011
- 49. Selecting Cases Justicesor their clerks identify cases worthy of serious consideration and the chief justice puts them on a “discuss list” At the Court’s Friday conferences, the Chief Justice reviews the list with the other justices—”Rule of Four” Once accepted, the justices decide to either ask for more info or decide the case quickly via a per curiam opinion
- 50. Steps in DecidingMajor Cases 1. Submitting briefs • Brief = written statement setting forth legal arguments, relevant facts, and precedents • Amicus Curiae = “friend of the court”; briefs from individuals, interest groups, or government agencies claiming to have useful info 2. Oral arguments 3. Conference 4. Writing the Opinion • Unanimous (1/3) • Majority opinion = expresses the views of the majority of the justices (assigned by Chief) • Concurring opinion = agrees with the majority decision, but do so for different reasons • Dissenting opinion = opinion of the justices on the losing side
- 51. ACTIVITY Year of CaseThe Facts (who, what, when, where, why, and how) The Issue (the question the Court is asked to answer) Petitioner's Arguments (petitioner—the person who challenges the law) Respondent's Arguments (respondent—the person(s) that want(s) to defend the law and keep it as it is) Decision and Reasons Name of Case _________________________________________
- 54. Where was the1st Amendment? Ferguson vs. Tinker
- 55. Where are weheaded? Shaping Public Policy
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- 57. Today’s Goals PURPOSE:To understand that although the Supreme Court is a legal institution it is a political institution as well in that it often determines national policy as a result of its decisions. OBJECTIVES: Recall prior knowledge and learning on the 6 principles of the Constitution and the powers reserved for the federal and state governments. Compare and contrast the powers reserved for the state and national governments and why the founder supported the principle of federalism. Propose and recognize solutions regarding the legal issue of abortion.
- 58. Tools for ShapingPublic Policy #1: Judicial Review = SC power to examine the laws and actions of local, state, and national governments and cancel them if they violates the Constitution. May also review presidential policies Used most frequently at state and local levels
- 59. Tools for ShapingPublic Policy #2: Interpretation of Laws General language made specific EX) Americans with Disabilities Act of 1990
- 60. Tools for ShapingPublic Policy #3: Overturning Earlier Decisions Stare Decisis = “let the decision stand” Precedent = a model to base other decisions in similar cases Flexibility
- 61. Limits on theSupreme Court #1: Limits on Types of Issues – civil liberties, economic issues, federal legislation and regulations, due process of law, and suits against government officials. #2: Limits on Types of Cases • Decision must make a difference • Plaintiff must have suffered real harm • Must involve a substantial federal question • Must not involve a political issue
- 62. Limits on theSupreme Court #3: Limited Control over Agenda #4: Lack of Enforcement Power #5: Checks & Balances
- 63. LAW BINGO Marbury v. Madison(1803) LegislatureJudiciary System of balancing power between the states and the national government Former Chief Justice of the Supreme Court Power of the judicial branch to declare laws "unconstitutional" Current Chief Justice of the Supreme Court President Roe v. Wade (1973
- 64. Activity: Who ShouldDecide What?
- 66. Roe vs. Wade 1971 - The case is filed by Norma McCorvey, known in court documents as Jane ROE against Henry WADE, the district attorney of Dallas County from 1951 to 1987, who enforced a Texas law that prohibited abortion, except to save a woman's life. The Case: The Constitutional Question: Does the Constitution embrace the right of a woman to obtain an abortion, nullifying the Texas prohibition? The ruling allows for legal abortions during the entire pregnancy, but set up conditions to allow states to regulate abortion during the second and third trimesters. The Decision: The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman a right to abortion during the entirety of the pregnancy and defined different levels of state interest for regulating abortion in the second and third trimesters.
- 67. Activity: Write Chat No talking, only writing! Travel to 3 different stations. 5 mins at each station. Respond to the prompt and each other’s responses. Recognize and propose solutions to handling the legality of abortion.
- 68. The Impact ofRoe v. Wade Today
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- 70. Google Search: “Influencingthe Supreme Court”
- 72. Today’s Goals PURPOSE:To explore the five forces that shape the decisions of the Court (i.e. existing laws, personal views of the justices, interaction among the justices, social forces and public attitudes, and Congress and the president). OBJECTIVES: Identify the 5 influences that shape the decisions of the Court. Classify the 5 influences according to whether they fall inside or outside the Court. Reason and draw conclusions surrounding the true democratic nature of the Court and the extent to which it considers the American public in the decision making process.
- 73. Influences on theCourt #1 Basing Decisions on the Law • Principles of Law > Personal Opinions • Meaning not always clear • Logical interpretation
- 74. Influences on theCourt #2 Views of the Justices • Active interests in important issues • Voting blocs • Swing vote Justice William O. Douglas
- 75. Influences on theCourt #3 Relations Among Justices • Independent • Harmony > Conflict • Influence of the Chief Justice Chief Justice John Roberts
- 76. Influences on theCourt #4 Society • Concern for public support in order to enforce its decisions • Influence of social forces
- 77. Influences on theCourt President Appointment power Enforcing court decisions Congress Limited appellate jurisdiction Reenact a law in a different form Constitution amendment overturning a decision (unsuccessful) Salaries Sets the # of justices Confirmation power #5 President and Congress
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- 80. Closer: 3-2-1 3 Listthree influences on the Supreme Court. 2 Explain two reasons why the Supreme Court might be considered undemocratic. 1 Pose one solution to making the Supreme Court more democratic
- 81. Homework Create two testquestions for our review game of Bluff. Remember the idea is to stump the other team, so focus on concepts/ideas that you think need the most review. Write your questions (and the answers!) on a notecard with your name.
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- 83. Today’s Goals PURPOSE: Toreview prior learning on the judicial branch and prep for the unit assessment. OBJECTIVES: • Recall facts and terms surrounding the powers, roles, and structure of the judicial branch. • Compare and contrast the powers, roles, and structure of the judicial branch with the other branches. • Convert information on the judicial branch to test questions/answers.
- 84. CSPAN’s Supreme CourtWeek Documentary
- 85. Essential Questions 1. Howare the powers of the judicial branch unique among the three branches of government? 2. How does the principle of federalism work in the judicial branch? 3. How have court decisions defined the Constitution and the civil liberties of American citizens? 4. How does the Supreme Court exercise judicial review to check the powers of the legislative and executive branches? 5. What are the constitutional guidelines for the judicial branch and how is the federal court system structured? 6. In what ways do the ideas of judicial restraint and activism reflect different ideals of our society?
- 86. Activity: Bluff ReviewGame 2 teams Ms. V takes turns giving each group a question. When Ms. V gives a question to group A, all the students who think they know the answer stand up. Then, the students in group B get to decide which of the students in group A should answer the question. If the selected student can answer the question, that group gets as many points as the number of people who stood up, but if the student cannot answer the question, then group B gets to answer (any student in that group can answer) and group B will get the same number of points. The fun part of this game is that you can try and bluff the other team into thinking that they know the answer so they can push their points up!
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- 88. Closure – Motivationto study!
Editor's Notes
- #4 What’s the big deal? Whose job is it to interpret the Constitution? Is this a major faux pas then? Like the 25th amendment? Was he really President in those two days? Faithfully = in a manner that is true to the facts or the original
- #7 Federal Courts derive their powers from the Constitution and federal laws Interpretations of the Constitution: this is known as…? Teresa and Joe Guidici’s (Real Housewives of New Jersey) bankruptcy case was heard in a federal court A field of law relating to, and arising from, the practice of the admiralty courts (tribunals that exercise jurisdiction over all contracts, torts,offenses, or injuries within maritime law) that regulates and settles special problems associated with sea navigation and commerce.
- #9 *= Constitutional Courts = courts established by Congress under the provisions of Article III of the Constitution These include the federal district courts, the federal courts of appeals, and the US Court of International trade District Courts: 1/state with large states like NY and CA having 4 (workhorses of the federal judiciary hearing hundreds of thousands of cases each year—80% of all federal cases) Federal Court of Appeals: Created in 1891 to ease the appeals workload of the SC. 13—12 judicial circuits or regions of the US with a special appeals court with national jurisdiction. Court of International Trade = jurisdiction over cases dealing with tariffs; based in NYC, but a national court Circle = Legislative Courts = help Congress exercise its powers Ex) The power of Congress to tax led to the creation of the US Tax Court Territorial Courts: Virgin Islands, Guam, the Northern Mariana Islands, Puerto Rico (not all the territories) US Court of Federal Claims: hears claims against the US for money damages
- #11 What do you know? JPS= The full-time elected county administrator, who presides over the quorum court, is the county judge. Neither JPs nor the county judge have any judicial authority, though they do have the power to preside over civil marriages. Justices of the peace are elected every two years to these partisan offices. William Marbury had been appointed a Justice of the Peace of the District of Columbia by President John Adams under the Judiciary Act of 1800. When Thomas Jefferson became President in 1801, Marbury's commission had not been delivered, and Jefferson refused to have it delivered. James Madison, Jefferson's Secretary of State, was the person legally designated to deliver the commission and he entirely supported Jefferson. Since Madison was responsible for the delivery, Marbury sued him in the U.S. Supreme Court and thus their names are forever attached to the landmark Supreme Court case, Marbury v. Madison (1803). Marbury was an ardent Federalist, active in Maryland politics and aligned with John Adam's wing of the party. He supported an effort to change the way the Electoral College electors were selected in Maryland; a change that might have defeated Thomas Jefferson and put John Adams back in the White House for another four years. It is entirely understandable that Jefferson and Madison were united against him and that they would not have delivered the commission even if ordered to by the Supreme Court.
- #13 Discussion: According to the Constitution, who has the authority to establish courts? In Section 13 of the Judiciary Act of 1789, Congress extends the jurisdiction of the Supreme Court. What powers does it give to the Supreme Court that are NOT already provided in the Constitution? According to Article III, Section 2, does the Congress have the authority to change the jurisdiction of the Supreme Court, as it has done in the Judiciary Act of 1789? If the Constitution and an Act of Congress contradict one another, as they do in this case, which one should people obey? Why? Does the Supreme Court have the power to issue a writ of mandamus? What did this mean for Marbury? In addition to determining whether or not the Court had the authority to issue a writ of mandamus, this case set an important precedent. When one branch of government, such as the Congress, does something that seems to go against the Constitution, how is the conflict resolved? Judicial Review (what are the other 5 principles of the Constituion?—popular sovereignty, federalism, checks and balances, separations of powers, limited government)
- #14 Fletcher v. Peck (1810): Court held that law passed by the Georgia legislature was a violation of the Constitution’s protection of contracts McCulloch v. Maryland: Court declared that states could not hamper the exercise of legitimate national interests. Maryland had attempted to tax the Bank of the United States.
- #15 When do you think this came about? 1868 (post-CW). Who do you think it was geared toward? AAs. Slaughterhouse: LA had granted a monopoly on the slaughtering business to one company. Competing butchers challenged this grant. Court sided with LA as the 14th Amendment only extended protection to those rights, privileges, and immunities that had their source in federal, rather than state, citizenship. Plessy: Court upheld LA law that required RRs to provide separate cars for blacks and whites stating that this was a reasonable exercise of state police power to preserve peace and order. 1953-1969: the Court protected civil liberties under Chief Justice Earl Warren
- #18 Students will identify the procedures and considerations in nominating a Supreme Court Justice. Students will reason and draw conclusions as to why a president chose a particular judge to nominate to the Supreme Court. Students will describe and illustrate how common characteristics and concepts are represented by the bench.
- #20 Known as the court’s opinion The justices are responsible for requests for special legal actions that come from their circuit. EX) in 1980, a lower federal court ruled against the federal government’s program of draft registration. Lawyers requested the SC set aside the lower court’s decision. EX) Robert Jackson served as the chief prosecutor at the Nuremburg trials of Nazi war criminals in 1945.
- #21 Justices reach the Court through appointment by the president with Senate approval. The senate usually grants approval and presidents with strong support in the Senate are less likely to have their candidates rejected, but there is no guarantee (12/159). It was the hardest in the 19th century when 25% of appointments were rejected. Additionally, once confirmed, nominees may choose not to serve. 7 have done so, the most recent under President Arthur in 1882.
- #22 Usually, presidents will choose someone from their own party, sometimes as a reward for faithful service to the party. Presidents prefer to nominate candidates whose political beliefs they believe are similar to their own in order to advance their agenda and have a lasting impact (so moderate?). But still, its hard to predict how someone will rule on sensitive issues once he or she becomes a member of the Court. Largest national organization of attorneys. Evaluates the professional qualifications of candidates for all Article III positions. Rates candidates as well qualified, qualified, or not qualified. Only advisory. Makes their opinions known through their lobbyists and the media. Strong opposition to a nominee by one or more major interest groups may influence the senators who vote on the nominee. EX) Labor unions, National Organization for Women, NAACP
- #23 What party’s on the left? Right? Give me a liberal stance on abortion. Now a conservative stance. Where does most of America fall? What about most presidents? Activity: Liberals, Conservatives, Moderates/Predicting Presidents’ Picks handout. Review first with students what they have previously learned on political ideology. Have them complete the handout Liberals, Conservatives, Moderates handout before predicting the presidents’ picks. Review answers (22 mins).
- #25 Sandra Day O’Connor (retired in 2006), Ruth Bader Ginsburg (81), Elena Kagan (nominated 2010-age 54) Back in June, Sotomayor appeared to surprise Hillary Clinton at Clinton’s book signing at an Arlington, Virginia, Costco. The justice picked up a copy of the former secretary of state’s book and shook hands before departing. While some speculated that the meeting was in fact a planned photo-op, Sotomayor told The Washington Post that it was pure coincidence. “A nice lady at the pharmacy counter recognized me, and we started chatting, and she says, ‘Are you here with the other lady?’ And I said, ‘What other lady?’ And she mentioned Madam Secretary, and that’s how I found out.” When Vice President Biden requested that Sotomayor swear him in at the January 2013 inauguration ceremony, she agreed, but asked that the event be rescheduled from 12 p.m. to 8 a.m. because she had committed to a book signing in New York City later in the day. Some eyebrows were raised when it was revealed that the vice president and the president would not be sworn in at the same time, but Biden himself did not seem to mind. At the conclusion of the ceremony, Biskupic writes, Biden thanked Justice Sotomayor, saying it was “a wonderful honor” to be sworn in by her. “We are going to walk out,” he continued, “you see her car’s waiting so she can catch a train I hope I haven’t caused her to miss.”
- #26 6/9 men = 66% 2 minorities (1 AA and 1 Hispanic) – about right for America (12.6% AA) 6/9 attended Harvard Law School (others Princeton or Yale) Average age with Sotomayor appointment is 53 (before that 69, then 71)—35 is the median age in the US 4 democrats, 5 republicans (including chief)
- #29 Poll Title: Name one duty of a Supreme Court justice. http://www.polleverywhere.com/free_text_polls/8uoUpcNxtsU1TCZ
- #30 Poll Title: Who nominates a judge for the Supreme Court? http://www.polleverywhere.com/multiple_choice_polls/2iAVHAm0Wf4dmQT
- #31 Poll Title: Who must approve a Supreme Court nomination (or any federal judge appointment) before the nominee is sworn in? http://www.polleverywhere.com/multiple_choice_polls/lqJwlBf4kYBCpdy
- #32 Poll Title: Name one consideration a President must factor in when choosing a Supreme Court nominee. http://www.polleverywhere.com/free_text_polls/kIyGUNkB4xWNlto
- #34 Cue to 1:00
- #35 Conscription: commonly known as the Draft. Is a way to fill vacancies in the military, which cannot be filled by voluntary means In 1940 Congress passed the Selective Training and Service Act, which introduced the first peacetime draft in U.S. history. Its purpose was to allow for a rapid expansion in the size of the armed forces, which nearly everyone agreed were too small to deal with the international crisis of World War II. Between 1940 and 1947 over 10 million men were inducted into the services through this act. The Selective Training and Service Act expired in 1947, and for a while it was hoped that the military could be maintained at sufficient strength on the basis of volunteers alone. After a few months, however, it was determined that there were simply not enough volunteers to meet the needs of national security. Therefore in July 1948 Congress passed a new Selective Service Act. According to its terms, all men between the ages of 18 and 26 were required to register for the draft; those selected would be subject to 21 months’ active service, followed by five years of reserve duty. Three years later, after the outbreak of the Korean War, the length of service was extended to 24 months. In the United Stated conscription had been used in one form or another from the colonial era until 1973, when enormous opposition forced politicians to discontinue the Draft in favor of an all-volunteer force. That being said there are still elements of the draft that exist today. The selective service system that the draft comes from is still in effect as a contingency plan in times of need. Males between the ages of 18-25 are required to register with the Selective Service. There are few exceptions.
- #36 Requires Selective Service registration as a precondition for state student financial aid. Requires any resident male not registered with Selective Service to pay out-of-state tuition rate. Gov. Richard Celeste allowed this bill to become law in 1986. On November 2, 2001, Gov. Bob Taft signed a law which states that a person age 18 through age 26, who is required to be registered with Selective Service under federal law and who applies for a state driver’s license or renewal, permit, or state I.D. card, consents to automatic registration with the Selective Service System. This law became effective on August 1, 2002, which was also the start date when Selective Service began receiving data transmissions from applications.
- #37 Instruct students that they are all males between the ages 18 and 25 and must register for the draft.
- #39 High of 44% (2004) of America said it was a mistake to send troops to Iraq High of 75% (1990) of American said it was a mistake to send troops to Vietnam (61% 1971) On the plus side, the public, on average, has rated Bush more positively on Iraq than it did Nixon or Johnson on Vietnam, and a majority still do not think the country erred in sending troops to Iraq. However, Bush's Iraq ratings now sit at the lowest level of his administration -- not a good sign in an election year
- #40 Place all the numbers in a hat and draw them out after mixing them up only draw out 5 numbers. Bring those students to the front of the room. Hand them their prewritten assignments. The lottery: The first men drafted would be those turning age 20 during the calendar year of the lottery. For example, if a draft were held in 2014, those men born in 1994 would be considered first. If a young man turns 21 in the year of the draft, he would be in the second priority, in turning 22 he would be in the third priority, and so forth until the year in which he turns 26 at which time he is over the age of liability. The younger 18 and 19 year old men would not be called in that year until men in the 20-25 age group are called. 1-A Available for military service welcome to the Marines the few the proud and better than the Army. 1-O Conscientious Objector to both combat and non-combat of military and training service. 1-A-O Conscientious Objector to the use of arms. Assigned to non-combat duty College Junior: Deferment to the end of the current semester High School Student: Deferment until 20th birthday. Of those whose numbers were drawn assign them tasks.
- #43 So who got out of their duty? In 1964, Ali failed the U.S. Armed Forces qualifying test because his writing and spelling skills were sub-standard. With the escalation of the Vietnam War, the test standards were lowered in November 1965[4] and Ali was reclassified as 1-A in February 1966,[5][6] which meant he was now eligible for the draft and induction into the U.S. Army. When notified of this status, he declared that he would refuse to serve in the U.S. Army and publicly considered himself a conscientious objector. Ali stated that "War is against the teachings of the Holy Qur'an. I'm not trying to dodge the draft. We are not supposed to take part in no wars unless declared by Allah or The Messenger. We don't take part in Christian wars or wars of any unbelievers.“ Classifications: 1-A - available immediately for military service. 1-O Conscientious Objector- conscientiously opposed to both types (combatant and non-combatant) of military training and service - fulfills his service obligation as a civilian alternative service worker. 1-A-O Conscientious Objector - conscientiously opposed to training and military service requiring the use of arms - fulfills his service obligation in a noncombatant position within the military. 2-D Ministerial Students - deferred from military service. 3-A Hardship Deferment - deferred from military service because service would cause hardship upon his family. 4-C Alien or Dual National - sometimes exempt from military service. 4-D Ministers of Religion - exempted from military service. Student Postponements - a college student may have his induction postponed until he finishes the current semester or, if a senior, the end of the academic year. A high school student may have his induction postponed until he graduates or until he reaches age 20. Appealing a Classification - A man may appeal his classification to a Selective Service Appeal Board.
- #47 - Three students (John Tinker, his sister Mary Beth, and a friend) wore black armbands to school to protest the Vietnam War. School officials had announced beforehand that these armbands were not permitted. The students were suspended for "disrupting the learning environment." The students' fathers filed a complaint against the suspension. The Court decided that students do not shed their civil rights at the "school house gate." Wearing armbands would not disrupt the school environment.
- #48 - Some cases begin at the SC because they fall under original jurisdiction. Such as? Federal laws, Treaties with foreign nations, Interpretations of the Constitution, Bankruptcy, Admiralty or maritime law, Cases involving certain people. The vast majority, however, reach the SC only as appeals from lower court decisions. These cases come to the SC in one of two ways—on appeal or by writ of certiorari. The SC is free to choose which cases it will consider, and it rejects more than 90% of requests for certiorari. Denial of certiorari does not necessarily mean that the justices agree with the lower court’s decision. Instead, they may see the case as not being important enough to the public welfare to reconsider. In most cases, an appeal results from instances in which a lower court has ruled a law unconstitutional or dismissed the claim that a state law violates federal law or the Constitution. Few cases arrive on appeal and will be dismissed if it has procedural defects or does not involve federal law.
- #49 Presidents expect their solicitor general to support the administration’s views on major legal questions By determining whether the federal govt should appeal lower federal court decisions to the SC Lawyers on the solicitor general’s staff do most of the research for SC cases that involve the federal govt The staff also prepares written and oral arguments to support the govt’s position on the case
- #50 For all the justices to consider. Almost 2/3 of all petitions for certiorari never make it to the discuss list. The justices armed with memos from their clerks, other info, and various law books, give their views. In deciding to accept a case, justices operate on a rule of four basis. A brief unsigned statement of the Court’s decision
- #51 Sometimes the briefs present new ideas or info but more often they are most useful for indicated which interest groups are on either side of an issue A lawyer for each side is asked to present an oral argument before the court. Each side is allowed 30 mins to summarize key points of its case. Justices often interrupt the lawyer sometimes challenging a statement or asking for further info. The lawyer speaks from a lectern that has a red light and a white light. The white light flashes 3 minutes before the lawyers time is up and when the red light comes on, the lawyer must stop talking immediately. On Wednesdays and Fridays, the justices meet to discuss the cases they have hears. They begin by shaking hands. Top secret—no minutes kept. Each decision gets about 30 mins of discussion (heavy case load). Majority must approve a decision and at least 6 must be present for a decision to be made. Tie = lower court’s decision stands. States the facts of the case, announces the Court’s ruling, and explains its reasoning; way for the Court to communicate with Congress, the President, interest groups and the public AND set precedent—which is what?
- #52 Give students a large sheet of white paper, colored pencils, and rulers. Once the comic strip is completed, it is then presented to the class via a Gallery Walk. Website resources are on the portal page
- #53 Example of comic strip
- #58 - The SC is both a legal and political institution. It is a legal institution because it is ultimately responsible for settling disputes and interpreting the meaning of laws. The Court is a political institution because when it applies the law to specific disputes, it often determines what national policy will be.
- #59 JR was established in what case? SC has invalidated about 150 provisions of federal laws since Marbury. May seem insignificant when compared to the thousands of laws Congress has passed but it discourages the passage of similar legislation and has had a direct impact on the nation’s direction. EX) Dred Scott case—the Court rule that the Missouri Compromise which banned slavery in some territories was unconstitutional. This added to tensions leading to the CW. EX) Train v. City of NY – Court limited the president’s power to impound or refuse to spend money Congress has appropriated (1975). May have just as much impact as Court activities at the state level EX) Brown v. Board of Education eneded segregated schools
- #60 Congress typically uses very general language in framing federal laws. Thus, it is up to the executive branch and judicial branch to apply the law to a specific situation. Prohibits discrimination on the basis of disability in jobs, housing, and “places of public accommodation.” Does this mean that the PGA had to provide special tournament arrangements for disabled participants in the same manner it did for spectators? In PGA Tour, Inc v. Martin (2001), the Court ruled that the PGA must accommodate Casey Martin, a professional golfer disabled by a degenerative condition in his right leg, allowing him to ride in a golf cart rather than walk the course as required by PGA rules. What does this mean for other sports?
- #61 Why is this important? The principle is important because it makes the law predictable. If judges’ decisions were unpredictable from one case to another, what was legal one day would be illegal the next. Would there be more appeals? On the other hand, the law needs to be flexible and adaptable to changing times, social values and attitudes, and circumstances. Sometimes due to justices changing their minds but mostly the changing composition of the Court.
- #62 Civil liberties tend to involve constitutional questions and make up the bulk of the Court cases. Appeals from prisoners make up a ¼ (right to a fair trial and proper use of evidence). Not enough to merely object to a law Must affect many people or the operation of the political system itself Or one that the executive or legislative branch can resolve (fine line). An exception was the 2000 election ruling.
- #63 Can only decide cases that come to it from elsewhere in the legal system. How so? (appeal or writ or certiorari) EX) when Congress abolished the draft in the mid-1970s it ended the Court’s ability to decide religious freedom cases involving refusal to serve in the military. What branch enforces the law? Noncompliance may occur in several ways. Lower court judges may simply ignore a SC decision. SC cannot monitor millions of trial decisions throughout the US. EX) school prayer in the 1960s Give me an example. President’s power to appoint justices, the Senate’s power to approve appointments, and Congress’s power to impeach and remove justices. The Framers intended for this principle of the Constitution to both monitor and protect the integrity of the Court.
- #67 - The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment.
- #69 n U.S. politics, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortions with exceptions for incest and rape.[1]It is not a permanent law, rather it is a "rider" that, in various forms, has been routinely attached to annual appropriations bills since 1976. The Hyde Amendment applies only to funds allocated by the annual appropriations bill for the Department of Health and Human Services. It primarily affects Medicaid. The original Hyde Amendment was passed on September 30, 1976 by the House of Representatives, by a 207-167 vote. It was named for its chief sponsor,Republican Congressman Henry Hyde of Illinois. The measure was the first major legislative success by the United States pro-life movement after the legalization of abortion following the 1973 Supreme Court case Roe v. Wade. Congress subsequently altered the Hyde Amendment several times. The version in force from 1981 until 1993 prohibited the use of federal funds for abortions “except where the life of the mother would be endangered if the fetus were carried to term.”[2]
- #74 Ex) 1st amendment prohibits any law “abridging freedom of speech.” Does this right provide absolute freedom or do limits exist? Can you falsely call fire in a crowded theater? must interpret language, determine what it means, and apply it to the circumstances of the case Must relate interpretations logically to the Constitution, to laws that are relevant to the case, and legal precedents. What’s a precendent?
- #75 Over the years, some justices become identified with specific views on certain issues. EX) Justice Douglas was a consistent supported of the rights of the underprivileged. 1939 FDR appointee with longest record of service on the Court (36 years, 7 months). Coalitions of justices exist on the court for certain issues. When justices retire and new appointees take their place, the size and power of each bloc may change. Swing voting justices occur when their views do not align with either voting bloc. When new justices are appointed, the Court sometimes overturns precedents and changes the direction of its interpretations.
- #76 No longer live together. Work as 9 independent law firms and only meet for oral argument sessions and conferences. Communicate mostly through writing. Chief Justice can influence decisions by directing discussion and framing alternatives. Makes up the first version of the discuss list and assigns the writing of opinions.
- #77 SC is more insulated from public opinion that the other branches. Why? SC knows that when they lag too far behind or too far ahead of public opinions, it risks losing valuable public support and may in turn weaken its own authority. Values and beliefs of society influence justices. What may not have been acceptable in one era may now be acceptable. EX) Plessy vs. Board decision
- #78 Every full term president except Jimmy Carter has made at least one appointment to the bench (legacy) Congress has tried to limit the court’s appellate jurisdiction (which is what?) by limiting its ability to hear certain cases Cant reduce salary but can refuse a raise Wouldn’t let FDR add 6 to get his new deal legislation passed
- #80 Directions: Follow the link on the portal page to view the Thinglink Ms. VanFossen has created surrounding the debate as to whether or not the Supreme Court is a truly democratic institution. Explore the image to gather evidence (from articles and videos) on the two opposing sides of the debate. Complete the associated questions below to help you write your opinion piece (i.e. a written assignment on where you stand on the issue).