Judicial Branch


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Judicial Branch

  1. 1. The Judicial Branch U.S. Supreme Court & Federal Courts Copyright 2004 Social Studies School Service
  2. 2. I. Creation <ul><li>A. National Judiciary </li></ul><ul><li>1. Philadelphia, 1787 </li></ul><ul><li>a. Constitutional Convention Article III of the Constitution allows for the creation of the national court system </li></ul><ul><li>2. Judiciary Act of 1789 </li></ul><ul><li>a. Federal Courts--work with the 50 state courts </li></ul><ul><ul><li>b. U.S. Supreme Court--decides the constitutionality of acts and/or laws </li></ul></ul>
  3. 3. I. Creation <ul><li>B. Two Types of Federal Courts </li></ul><ul><li>1. Special Courts--hear a narrow range of cases related ot the expressed powers of Congress </li></ul><ul><li>2. Constitutional Courts </li></ul><ul><li>a.US Supreme Court </li></ul><ul><li>b.Court of Appeals </li></ul><ul><li>c.Federal District Court </li></ul>
  4. 4. I. Creation <ul><li>C. Jurisdiction--the right to hear a case </li></ul><ul><li>1. Determination of jurisdiction </li></ul><ul><li>a. check the subject mater of a case </li></ul><ul><li>b. check the parties involved in the case </li></ul><ul><li>2. Types of jurisdiction </li></ul><ul><li>a. Original--the first court to hear a case </li></ul><ul><li>b. Appellate--hears cases that have already been decided and the losing party wants another chance to prove their point </li></ul><ul><li>c. Exclusive--the only court that can hear this case </li></ul><ul><li>d. Concurrent--the case can be heard in Federal and State courts </li></ul>
  5. 5. <ul><li>D. Levels of Federal Courts </li></ul><ul><li>1. Highest--Us Supreme Court </li></ul><ul><li>2. Middle--Court of Appeals </li></ul><ul><li>3. Lowest--Federal District Courts </li></ul>I. Creation
  6. 6. II. The Inferior Courts <ul><li>A. Includes all constitutional courts below the U.S. Supreme Court </li></ul><ul><li>B. Federal District Courts </li></ul><ul><li>1. Total --91 </li></ul><ul><li>2. What are they? Federal Trial Courts </li></ul><ul><li>3. Caseload--They hear about 80% of federal cases </li></ul>
  7. 7. II. The Inferior Courts <ul><li>C. Courts of Appeals </li></ul><ul><li>1. Creation--Congress created them in 1891 to relieve the burden of cases on th US Supreme Court </li></ul><ul><li>2. Total--12 </li></ul><ul><li>3. Jurisdiction--They can only hear cases being appealed </li></ul>
  8. 8. II. The Inferior Court <ul><li>D. Two other inferior courts </li></ul><ul><li>1. Court of International Trade </li></ul><ul><li>2. Court of Appeals for the Federal Circuit </li></ul>
  9. 9. III. The U.S. Supreme Court <ul><li>A. Basics </li></ul><ul><li>1. Constitutionality--They review cases to see if a law or act is unconstitutional </li></ul><ul><li>2. Judicial Review--The power of the US Supreme Court to declare acts or laws unconstitutional </li></ul><ul><li>a. Marbury v. Madison, 1803 --This is where the Supreme Court gave itself the power to judicial review </li></ul>
  10. 10. III. The U.S. Supreme Court <ul><li>B. Sessions </li></ul><ul><li>1. Convene </li></ul><ul><li>a. When? The first Monday in October </li></ul><ul><li>b. Length of session--Approximately 9 months </li></ul><ul><li>c. Hear cases--Monday through Thursday </li></ul><ul><li>d. Discuss cases--Friday </li></ul><ul><li>e. Decision Day--Monday, they announce their decisions, if any, to the public </li></ul>
  11. 11. III. The U.S. Supreme Court <ul><li>2. Jurisdiction </li></ul><ul><li>a. Original/Exclusive--They are the first to hear cases involving a state(s) and cases involving government ministers or officials </li></ul><ul><li>b. Appellate--Most of the cases they hear are appeals </li></ul><ul><li>3. Opinions of the Court </li></ul><ul><li>a. Majority Opinion--This is the ruling of the court based on a majority vote of the justices </li></ul><ul><li>b. Concurring Opinion-- This is written by the justices(s) who agree with the opinion, but not with how it was reached </li></ul><ul><li>c. Dissenting Opinion--This is written by the justice(s) who disagree with the decision of the Court </li></ul>B. Sessions
  12. 12. IV. The U.S. Supreme Court Justices <ul><li>A. How do they become a justice? </li></ul><ul><li>1. Appointed by--President of US </li></ul><ul><li>2. Approved by--US Senate </li></ul><ul><li>B. How many are there? 9 </li></ul><ul><li>C. What is their term of office? For life </li></ul><ul><li>or until they retire </li></ul><ul><li>D. Who was the first Chief Justice? </li></ul><ul><li>John Jay </li></ul><ul><li>E. Who was the first African-American Justice? Thurgood Marshall </li></ul><ul><li>F. Who was the first female justice? </li></ul><ul><li>Sandra Day O,Connor </li></ul><ul><li>G. Who is the current Chief Justice? John Roberts </li></ul>
  13. 13. V. Special Courts <ul><li>A. A.K.A.--Legislative Courts </li></ul><ul><li>B. Jurisdiction--They hear a vary narrow range of cases with specific contents </li></ul><ul><li>C. Other courts that help decide expressed power usage. </li></ul><ul><li>1. U.S. Federal Claims Court --Someone who sues the US goes to this court </li></ul><ul><li>2. Court of the District of Columbia-- </li></ul><ul><li>These courts cover the D.C. since that </li></ul><ul><li>area is not a state </li></ul><ul><li>3. Court of Military Appeals--They hear </li></ul><ul><li>cases involving the appeal of court martials </li></ul><ul><li>4. U.S. Tax Court--If someone has </li></ul><ul><li>a case against the IRS or vise versa </li></ul><ul><li>they would end up in this court </li></ul><ul><li>5. Territorial Courts--These are used because the </li></ul><ul><li>territories are not in states </li></ul><ul><li>6. Court of Veterans Appeals--Cases involving matters </li></ul><ul><li>realting to veterans of the US Armed Forces </li></ul>
  14. 14. VI. U.S. Supreme Court Cases Affecting Civil Rights & Civil Liberties <ul><li>A. Freedom of Religion </li></ul><ul><li>1. Establishment Clause--Is found in the 1st and 14th amendments and prohibits the establishment of a state religion </li></ul><ul><li>2. Free Exercise Clause--Is also found in the 1st and 14th amendments and protects our rights to worship as we please </li></ul><ul><li>3. Guarantees--You can believe what you want </li></ul><ul><li>4. Limitations--You cannot harm others in your worship practices </li></ul><ul><li>5. Protections--Even if your religion is unpopular, the government will protect your right to worship this way </li></ul>
  15. 15. VI. U.S. Supreme Court Cases Affecting Civil Rights & Civil Liberties <ul><li>B. Freedom of Religion Cases </li></ul><ul><li>1. Zorach v. Clauson, 1952 (released time) The Court ruled that schools must release students for religious studies as long as the studies did not take place on school property </li></ul><ul><li>2. Engle v. Vitale, 1962 (prayers & the Bible)The Court outlawed mandatory praying and Bible reading in schools </li></ul><ul><li>3. Westside Community Schools v. Mergens, 1990 (student religious groups) The Court upheld the Equal Access Clause stating students can have religious groups on public school campuses if other non-academic clubs exist </li></ul><ul><li>4. Edwards v. Aguillard, 1987 (evolution)--The Court rules that the teaching of evolution is public schools could not be forbidden and the teaching of creation could not be made mandatory </li></ul>
  16. 16. VI. U.S. Supreme Court Cases Affecting Civil Rights & Civil Liberties <ul><li>B. Freedom of Religion Cases </li></ul>5. Lynch v. Donnelly, 1984 (seasonal displays)--The Court ruled that seasonal displays on public property, such as a Nativity, were okay as long as they were part of a non-religious or mutli-religious display 6. Marsh v. Chambers, 1983 (chaplains)--The Court ruled that chaplains in state legislatures and US Congress are okay since it is a tradition and the members are adults who are not susceptible to peer pressure 7. Bob Jones Univ. v. U.S., 1983 (tax exemptions) – The Court ruled that religious institutions could not keep their tax-exempt status if they practice discrimination 8. Lemon v. Kurtzman, 1971 (state aid to religious schools)--The Court established the Lemon Test, which stated that federal aid to parochial schools had to be for secular reasons, not to enhance or inhibit religion
  17. 17. VI. U.S. Supreme Court Cases Affecting Civil Rights & Civil Liberties <ul><li>C. Freedom of Speech & Press </li></ul><ul><li>1. 1 st & 14 th Amendments--protect free </li></ul><ul><li>speech and free press </li></ul><ul><li>2. Limitations--The Court ruled in various areas that limitations can be placed on free speech and press </li></ul>
  18. 18. VI. U.S. Supreme Court Cases Affecting Civil Rights & Civil Liberties <ul><li>D. Freedom of Speech & Press Cases </li></ul><ul><li>1. Miller v. California, 1973 (obscenity) --The Court ruled that contemporary community standards would be used in deciding what would be obscene </li></ul><ul><li>2. Near v. Minnesota, 1931 (prior restraint)--The court ruled that prior restraint cannot e used unless the nation’s security may be threatened </li></ul><ul><li>3. Brazenburg v. Hayes, 1972 (confidentiality)--The Court ruled that it was up to Congress and the States to decide if reporters should be made to reveal their sources </li></ul><ul><li>4. Teitel Film Corporation v. Cusack, 1968 (motion pictures)--the Court ruled that motion pictures get freedom of press, but are subject to obscenity rulings </li></ul>
  19. 19. VI. U.S. Supreme Court Cases Affecting Civil Rights & Civil Liberties <ul><li>5. Wilkenson v. Jones, 1987 (radio & television) --The court ruled that radio and television are subject to regulation because they use public airwaves to broadcast </li></ul><ul><li>6. Tinker v. Des Moines School District, 1969 (symbolic speech)--The Court has ruled both ways regarding symbolic speech depending on the circumstances. In Tinker the Court ruled it was okay to wear armbands in protest of the war because it did not cause a disruption in classes </li></ul><ul><li>7. 44 Liquormart Inc., v. Rhode Island, 1996 (commercial speech)--The Court has ruled that commercial speech is protected by the 1st an 14th amendments but false advertisement is still forbidden </li></ul>D. Freedom of Speech & Press Cases
  20. 20. VII. Freedom of Expression & National Security <ul><li>A. Punishable acts that threaten these freedoms </li></ul><ul><li>1. Espionage --Spying on the US for another country </li></ul><ul><li>2. Sabotage--Trying to ruin, destroy, or break something belonging to the US </li></ul><ul><li>3. Treason--This is the only crime mentioned in the Constitution. It involves US citizen waging war against the US. There must be two witnesses to convict someone of treason. </li></ul><ul><li>4. Sedition--This involves speaking or writing things against the US </li></ul>
  21. 21. VII. Freedom of Expression & National Security <ul><li>B. Alien & Sedition Acts, 1798 </li></ul><ul><li>1. What were they?-The President of the US could remove aliens who were against the US </li></ul><ul><li>2. Repealed--These were repealed because they could allow the President to use these against his adversaries in politics </li></ul><ul><li>C. Seditious Acts in Wartime </li></ul><ul><li>1. Schenck v. U.S., 1919 </li></ul><ul><li>a. Espionage Act, 1917--Issued because of WWI, it made it a crime to interfere with the draft </li></ul><ul><li>b. Clear & Present Danger Rule--This came about because of the Schneck case. Schneck had urged men to resist the draft, violating the Espionage Act. The Court upheld Schneck’s conviction saying that words can be outlawed if they pose a danger to security. </li></ul>
  22. 22. VII. Freedom of Expression & National Security <ul><li>D. Seditious Acts during a time of peace </li></ul><ul><li>1. Smith Act, 1940--Stated it was illegal to plot to overthrow the government of the US </li></ul><ul><li>a. Dennis v. U.S., 1951--The Court ruled against the Communist Party and upheld the Smith Act. </li></ul><ul><li>b. Yates v. U.S., 1957-- The Court overturned the Smith Act, stating that urging someone to believe something was not illegal, but urging them to do something was illegal </li></ul><ul><li>2. McCarran Act, 1950--Required all Communists to register with the Attorney General </li></ul><ul><li>a. Communist Party v. SACB, 1961-- The Court ruled that the government could not force someone to register with the Attorney General due to their political beliefs </li></ul><ul><li>b. Albertson v. SACB, 1965 --The Court ruled to force someone to register contradicts the 5th amendment protection against self-incrimination </li></ul>
  23. 23. VIII. Freedom of Assembly and Petition- <ul><li>A. Regulations </li></ul><ul><li>1. Grayned v. City of Rockford, </li></ul><ul><li>1972 --The Court upheld city ordinances prohibiting disturbances or noises that disrupt a school </li></ul><ul><li>2. Cox v. Louisiana, 1965-- The Court upheld laws prohibiting parades near a courthouse when they are intended to influence proceedings </li></ul><ul><li>3. Forsyth County v. Nationalist Movement, 1992 --The Court ruled that the county could not charge a varied fee for public demonstrations </li></ul>
  24. 24. IX. Due Process of Law Rulings <ul><li>A. Types of due process </li></ul><ul><li>1. Procedural due process --the government must act fairly and abide by the rules </li></ul><ul><li>a. Rochin v. CA, 1952 --The police cannot use cruel and unusual punishment to obtain evidence. Rochin was forced to have his stomach pumped and the Court ruled this was cruel and unusual way to obtain evidence </li></ul><ul><li>2. Substantive due process--The way the government acts and its laws must be fair </li></ul><ul><li>b. Pierce v. Society of Sisters, 1925-- The Court ruled that states could not force children to attend public schools. They can have mandatory education laws, but cannot force that education come from public schools. </li></ul>
  25. 25. IX. Due Process of Law Rulings <ul><li>B. Police Power relating to due process </li></ul><ul><li>1. What is police power?The power of the state to protect public health, safety, and welfare. </li></ul><ul><li>2. Schmerber v. CA, 1966-- The Court ruled that it was okay for a policeman to order blood drawn from a drunk suspect’s arm because acceptable medical practices were used and the evidence could have disappeared before a search warrant could be obtained </li></ul><ul><li>C. Right to Privacy </li></ul><ul><li>1. Definition--The right to e free from government intrusion in your private life </li></ul><ul><li>2. Griswold v. CT, 1965 --The Court ruled that States cannot prohibit birth control counseling because the government ha no right to enter into the marital bedroom </li></ul><ul><li>3. Roe v. Wade, 1973 -- The Court struck down State laws outlawing abortion stating that it was a woman’s right to choose what to do with her body </li></ul>
  26. 26. X. Court Rulings for Rights of the Accused <ul><li>A. Basic Rights </li></ul><ul><li>1. Writ of Habeas Corpus--The accused must be told why they are being held prisoner </li></ul><ul><li>2. Bills of Attainder -- These involve convicting a criminal without a trial--these are illegal in the US </li></ul><ul><li>3. Ex Post Facto Laws--This involves making laws retroactive. This is illegal in the US in relation to criminal laws, but civil laws can be made retroactive </li></ul><ul><li>4. Double Jeopardy--This involves being tried twice for the same crime. This cannot happen unless the accused is tried in different courts </li></ul><ul><li>5. Jury Trial or Bench Trial--Those accused of a crime have the right to a trial by their peers, I.e. a jury. They also have the right to waive this right and have a bench trial which involves simply going before a judge instead of a jury </li></ul>
  27. 27. X. Court Rulings for Rights of the Accused <ul><li>B. U.S. Supreme Court rulings on rights of the accused </li></ul><ul><li>1. Mapp v. OH, 1961 --The Court ruled that evidence cannot be obtained illegally without a search warrant specifying for what the police are searching </li></ul><ul><li>2. Gideon v. Wainwright, 1963 --The Court ruled that anyone accused of a crime is entitled to a public defender </li></ul><ul><li>3. Miranda v. AZ, 1966 -- The court ruled that anyone accused of a crime must be informed of their rights, “You have the right to remain silent, anything you say can and will be used against you. You have the right to an attorney…” </li></ul>
  28. 28. X. Court Rulings for Rights of the Accused <ul><li>C. Punishment for the accused </li></ul><ul><li>1. 8 th Amendment --Protects those accused of a crime from having to pay excessive fines for bail or be subject to cruel and unusual punishment </li></ul><ul><li>2. U.S. v. Salerno, 1987-- The Court upheld the 1984 Preventative Detention Law saying that holding someone without bail is okay if thy are a threat to society or are apt to flee </li></ul><ul><li>3. Furman v. Georgia, 1972 --The Court ruled that capital punishment be outlawed because current state laws gave too much discretion to judges and juries in issuing this type of sentence </li></ul><ul><li>4. Gregg v. Georgia, 1976-- The Court re-instated capital punishment as long as a two-stage law and sentencing procedure was clearly spelled out, thus eliminating the chance that someone would be given the death penalty arbitrarily </li></ul><ul><li>5. Coker v. Georgia, 1977-- The Court ruled that the death penalty could only be used in crimes that resulted in the death of the victim </li></ul>
  29. 29. XI. Civil Rights <ul><li>A. What are they? The guaranteed governmental protection of individual rights for all people </li></ul><ul><li>B. Segregation </li></ul><ul><li>1. De Jure Segregation--Segregation by law or custom, such as the Jim Crow Laws in the South </li></ul><ul><li>2. De Facto Segregation--Segregation by fact or housing patterns--people of like cultures and beliefs tend to settle together </li></ul>
  30. 30. XI. Civil Rights <ul><li>C. Cases relating to segregation </li></ul><ul><li>1. Plessy v. Ferguson, 1896-- the Court upheld segregation in the South, stating that separate facilities are okay, as long as they are equal </li></ul><ul><li>2. Brown v. Board of Education of Topeka, 1954-- The court reversed the Plessy v Ferguson decision, urging integration at all due speed </li></ul><ul><li>3. Alexander v. Holmes County Board of Education, 1969-- The Court ruled that Holmes County had had ample time to integrate their schools and facilities </li></ul>
  31. 31. XI. Civil Rights <ul><li>D. Discrimination </li></ul><ul><li>1. Civil Rights Acts of 1964 & 1968--Guaranteed rights to minorities and women that had previously been denied </li></ul><ul><li>2. Affirmative Action--A plan that was implemented to guarantee quotas of minorities to be hired </li></ul><ul><li>3. Reverse Discrimination--the process of majorities being overlooked for jobs in favor of minorities who are less qualified </li></ul><ul><li>a. Regents of the University of California v. Bakke, 1978-- The Court ruled that quotas were good, but could cause reverse discrimination if carried too far and that other qualities besides race should be considered </li></ul><ul><li>b. United Steelworkers v. Weber, 1979-- The Court ruled that not all quotas could relate to reverse discrimination because some did help overcome racial imbalances. </li></ul>