THE JUDICIAL BRANCH CHAPTER 18 AND CHAPTER 24 SECS: 4&5
ARTICLES OF CONFEDERATION 1781 -1789 • This had no national courts. • The states all interpreted laws. • US realized they needed a national court. • Alexander Hamilton said, • “Laws are dead letters without courts to expound and define their true meaning and operation. ”
THE CREATION OF THE NATIONAL JUDICIARY • Article Three • “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. ” • Two separate court systems in the US • National system of courts • Span the country, more than 100 of them. • Each of 50 States have their own court system. • These hear most cases in the country, 1000 s of them.
CREATION OF THE NATIONAL JUDICIARY (CONT. ) • Congress can create inferior courts. • There are two kinds of inferior courts: • Constitutional courts (aka: Regular cts. ) • Exercise the judicial power of the U. S. • Hear federal court cases. • Include: The Supreme Court, the Court of Appeals, the District Courts, the Court of International Trade
CREATION OF THE NATIONAL JUDICIARY (CONT. ) • Special Courts (aka: Legislative Courts. ) • Created by Congress • Hear only a limited range of specialized cases • Include: Court of Appeals for Armed Forces, Court of Veterans Appeals, Claims Court, Tax Courts, Courts of Washington D. C.
JURISDICTION • Jurisdiction is the authority of a ct. to hear & decide a case; the power “to say the law. ” • Exclusive Jurisdiction • Cases heard only in federal courts. • Concurrent Jurisdiction • A case that can be heard in state/federal court. • Original Jurisdiction • A court hears a case for the 1 st time at trial level. • Appellate Jurisdiction • A court that hears a case on appeal from a lower court has this, and can overrule an original.
JURISDICTION IN THE FEDERAL COURTS • Federal courts can hear cases that deal with the interpretation and application of a provision of the Constitution or of any federal statute or treaty. • They can also hear cases that arise on the high seas or in navigable waters of the United States.
SOURCES OF LAW • Constitution of the United States • Statutory Laws – (statutes) laws that are written by state legislatures and other lawmaking bodies. • Common law – origin of stare decisis; past rulings that are used to make decisions.
BRANCHES OF LAW 1. Public Law – concerns the relationship between the government and citizens. • Criminal Law – the portion of the law that defines public wrongs and provide for their punishment. • Constitutional Law – The written text of the state and federal constitutions. • Administrative Law – rules and regs of the Gov. agencies. • International Law – rules that guide relations w/ other countries.
BRANCHES OF LAW (CONT. ) 2. Private law – deals with disputes between individuals, businesses or other organizations. • Contracts – a legally binding agreement in which one party agrees to do something with or for another party. • Property – someone’s real estate or personal possessions. • Torts – wrongful act that injures a person or someone’s property. • Domestic Relations – type of law that deals with relationships between people.
APPOINTMENT OF JUDGES • Federal judges are nominated by the President and confirmed by Senate. • Review Senatorial Courtesy • Presidents will nominate… • Someone from their political party • Someone who shares their legal and political ideology • Federal judges have come from: • Leading attorneys, legal scholars, law school profs. , congressional members, & state justices.
TERMS AND PAY OF JUDGES • Most federal judges • Congress sets the judicial are appointed for life salaries and benefits. and may be • Associate Justices of removed only Supreme Ct - $244, 400. through the impeachment • Chief Justice: process. $255, 500. • Only 13 ever • They can retire at 70, if impeached and 7 they served 10 years, removed. and receive full salary for ever! or at 65, with 15 years of service.
COURT OFFICERS • Each district court has many officials who assist the district judge. • These include clerks, bailiffs, stenographers, magistrates, bankruptcy judges, United States attorneys, and federal marshals.
THE FEDERAL DISTRICT COURTS • 94 District courts (states have • Use grand petit juries: at least 1) • Grand: 16 -23 people, hear charges against a • Cali, NY, Texas – have four! person for a crime, if • 550 district judges hear they feel there is 80% of the federal evidence they issue: caseload. • Trial courts for criminal and • Indictment – formal civil federal cases. accusation charging a person with a crime. • Have original jurisdiction over most of the cases • Petit: 6 -12 people, trial heard in the federal courts. jury. • There are 12 circuits (regions) • Weigh evidence in U. S. presented at a trial in • States are divided up into a criminal or civil case. these. (MD, WV, VA, NC, SC • Jury duty… in circuit 4)
THE COURT OF APPEALS • Courts of appeals were created in 1891 as “gatekeepers” to the Supreme Court. • There are now 13 courts of appeals. • 12 – 1 per each circuit • #13 – special appeals court, national jurisdiction • Usually 3 judges sit per panel. • 55, 000 cases per year.
LEGAL TERMS • Before we move on to the Supreme Court, let’s see what we have learned from Detectives Benson and Stabler on Law and Order! • Take five minutes and try to answer all of the questions on the handout, individually!
SUPREME COURT • Court of last resort most appeals come from the Court of Appeals. • Currently 8 associate justices and chief justice. • Judicial review-declare act unconstitutional. • About 6, 000 cases apply/yr. , only about 100 get full decision.
THE SUPREME COURT Back row left to right: Sonia Sotomayor , Stephen G. Breyer, Samuel Alito, Elena Kagan. Front row left to right: Clarence Thomas, Antonin Scalia, *John Roberts, Anthony Kennedy, Ruth Bader Ginsburg
JOHN ROBERTS NEW CHIEF JUSTICE Appointed by: President George W. Bush Appointed in: 2005 Age When Appointed: 50 REPLACED WILLIAM REHNQUIST
SAMUEL ALITO JR. NEW JUSTICE REPLACED SANDRA DAY O’CONNOR Appointed by: President George W. Bush Appointed in: 2006 Age When Appointed: 55
SONIA SOTOMAYOR NEW JUSTICE Appointed by: President Obama Appointed in: 2009 Age When Appointed: 55 REPLACED DAVID SOUTER
Elena Kagan Replaced New Justice John Paul Stevens Appointed by: President Obama Appointed in: 2010 Age When Appointed: 50
ANTONIN SCALIA • Appointed by: President Reagan Appointed in: 1986 Age When Appointed: 50
ANTHONY KENNEDY • Appointed by: President Reagan Appointed in: 1988 Age When Appointed: 52
CLARENCE THOMAS • Appointed by: President George H. W. Bush Appointed in: 1991 Age When Appointed: 43
RUTH BADER GINSBURG • Appointed by: President Clinton Appointed in: 1993 Age When Appointed: 60
STEPHEN BREYER • Appointed by: President Clinton Appointed in: 1994 Age When Appointed: 56
HOW THEY TEND TO VOTE • Conservative • Clarence Thomas • John Roberts (replaced W. Rehnquist) • Antonin Scalia • Samuel Alito (replaced O’Connor) • Liberal/Moderate • David Souter • Ruth Bader Ginsburg • Sonia Sotomayor (replaced Souter) • Elena Kagan (replace Stevens) • Swing: votes conservative and liberal *must have * • Anthony Kennedy
JUDICIAL REVIEW • The power to decide on the constitutionality of an act of government. • The case of Marbury vs. Madison, (1803) established this concept. • The Supreme Court has great powers… • As the ultimate authority on constitutionality • As the arbiter of disputes between States and the Federal Gov’t.
SUPREME COURT’S JURISDICTION • The Supreme Court has both original and appellate jurisdiction, but most of its cases are appeals. • Can’t initiate action, must wait for Litigants: • People engaged in a lawsuit to come before them. • Today, the Supreme Court has almost complete control over its own caseload.
MAIN DUTIES: • Making Decisions: • Decide which case to hear • Decide the case itself • Determine an explanation for the decision, called the opinion • Protecting civil liberties.
PROTECTOR OF CIVIL LIBERTIES • What are civil liberties? • Where do they come from? • When learning about various Supreme Court Cases, please think back to what civil liberties are involved?
HOW DOES A CASE GET THERE? • In 2000, more than 8, 900 cases appealed • “The Rule of Four” • At least four judges must agree that the Court should hear a case before that case is selected for the Court’s docket. • Writ of Certiorari • How most cases reach the court. • An order to a lower court to send up the record in a given case. • By Certificate • When appellate cts, State supreme cts, or others request a ruling on a particular point of law.
THE SUPREME COURT AT WORK! • Oral Arguments • Lawyers speak to the justices, emphasizing the major points they made in their written briefs. • Briefs • Written documents supporting one side of a case, submitted before oral arguments are held. • Solicitor General • Represents the US before the S. Ct. in all cases to which it is a party. • The Conference • The justices meet in secret session to discuss in depth and vote on the cases they have heard.
OPINIONS • Justices of the Supreme Court always write the Opinion of the Courts. • Majority Opinions: The decision of the court • Concurring Opinions • Disagree with reasoning • Dissenting Opinions • Disagree w/ major opinion, discusses minority opinion • Plurality Opinions • We agree but…, doesn’t rep a majority • All opinions may have an influence on subsequent rulings.
SPECIAL COURTS
THE UNITED STATES CLAIMS COURT • The United States may be sued only if it gives its consent. • The Claims Court hears cases from all over the county in which there are claims for damages against the Federal Government.
THE TERRITORIAL COURTS • Under the Constitution, Congress created courts for the nation’s territories. • The courts operate much like local courts in the State systems.
THE COURT OF APPEALS FOR ARMED FORCES • 5 civilian judges appointed • 15 year terms • This court hears appeals from courtmartial convictions and is usually the court of last resort for members of the armed forces.
THE COURT OF VETERANS APPEALS • 7 judges appointed by President • Serve 15 year terms • They hear appeals from veterans who claim that the Veteran’s Administration has mishandled their cases.
THE UNITED STATES TAX COURT • 19 judges, appointed by President • 12 year terms • The Tax Court hears only civil cases involving disputes over the application of tax laws.
VIRGINIA’S COURT SYSTEM
STATE COURTS • State courts share legal authority with local governments. • Judges are selected by the state legislature to serve terms.
STATE SUPREME COURT • Highest court in Virginia. • 7 judges elected by the General Assembly to 12 year terms. • Chief Justice selected by the other judges. • Hear appeal cases and decides if laws and government action are constitutional. • Uses judicial review for state actions. • One of the oldest and continuous courts in the United States.
COURT OF APPEALS • These are trial courts and courts of record. • Here most criminal case appeals • Designed to lessen the work of the state supreme court
CIRCUIT COURT • These are trial courts and courts of record. • There are 31 courts with 2 judges in each “court”. • Handle mostly jury trials of felony cases and large civil cases.
GENERAL DISTRICT COURTS • These are minor courts without juries– bench trials. • These are not considered courts of record. • They handle mostly misdemeanors.
JUVENILE AND DOMESTIC RELATIONS GENERAL DISTRICT COURTS • JDR courts handle juvenile law cases. • Also hear cases involving parents and children. • Goals of these courts is primarily rehabilitation. • These are minor courts and not courts of record. • Cases are not open to the public.
OTHER TYPES OF MINOR COURTS • Small claims courts • These are courts for civil law • Hear cases of suing for damages • These are bench trials • Traffic courts • Probate courts • These courts deal with wills and property of deceased. • Cases are decided by a single judge. • Justices of the peace and Magistrates work like judges at the local level.
CIVIL LIBERTIES & CIVIL RIGHTS GOVERNMENT CHAPTERS 19 – 21
CIVIL LIBERTIES & CIVIL RIGHTS • Definition/Distinction • 1 st Amendment Issues • Rights of the Accused & Criminal Justice • Civil Rights
DEFINITION • Civil Liberties -- Rights that need protection from the government • Civil Rights -- Rights that need protection by the government
DEFINITION • Judicial Review • Marbury v. Madison (1803) • Incorporation Theory • Gitlow v. New York (1925)
DEFINITION • Judicial Review: power of the Supreme Court to determine the meaning of the constitution • Incorporation Theory: applying the protections of the Bill of Rights to the actions of state governments via the 14 th Amendment’s Due Process Clause
![DUE PROCESS CLAUSES The Fifth Amendment to the United States Constitution provides: • [N]or](https://present5.com/presentation/022153a1ddb16230a2543e0cecff2b6c/image-56.jpg "DUE PROCESS CLAUSES The Fifth Amendment to the United States Constitution provides: • [N]or")
DUE PROCESS CLAUSES The Fifth Amendment to the United States Constitution provides: • [N]or shall any person. . . be deprived of life, liberty, or property, without due process of law. . Section One of the Fourteenth Amendment to the United States Constitution provides: • [N]or shall any State deprive any person of life, liberty, or property, without due process of law. .
1 ST AMENDMENT ISSUES • First Amendment rights include: • Religious Freedom • Free Speech • Free Press • Free Assembly • Free petition
1 ST AMENDMENT ISSUES • Religious Freedom has 2 components • Antiestablishment • Free Exercise
RELIGIOUS FREEDOM • Anti-Establishment clause • 1971 - Lemon v. Kurtzman (Lemon Test) 1. Aid must be secular in intent 2. Its primary effect can neither enhance nor inhibit religion 3. Government must avoid “excessive entanglement” with religion
RELIGIOUS FREEDOM • Is aid -- tax dollars -- to church related schools permissible? Courts have ruled that it is ok for tax dollars to be spent on: school lunch, transportation, speech/hearing support, standardized tests, computer purchases and internet access, vouchers; subject to Lemon test restrictions
RELIGIOUS FREEDOM • School Prayer? • Mandatory? No. Engel v. Vitale (1962) • Daily bible readings? No. Abington School District v. Schempp (1963) • Moment of silent prayer? No. Wallace v. Jaffree (1985) • Moment of silence for nonreligious reasons? Yes. Brown v. Gwinnett County S. D. (1997)
RELIGIOUS FREEDOM • Prayer outside of school • Permissible to have religious leaders not affiliated with school at “official” school events? No (Lee v. Weisman [1992]) • Permissible to have student led prayer at official school events? Yes. Santa Fe Independent S. D. v. Doe (2000) student led prayer okay, but can’t use PA system
RELIGIOUS FREEDOM • Permissible to have school functions (e. g. , graduation) in a church, with religious icons on display? To be determined; case from Tennessee working its way through the courts now
RELIGIOUS FREEDOM • Display of Ten Commandments? Depends. Stone v. Graham (1980) -display of Ten Commandments is permissible, but cannot be required or mandated by the state* *Permissible if part of other document display and not given special “pride of place” treatment (Van Orden v. Perry [2005]) Mc. Creary County v. ACLU (2005) -- cannot mandate display of 10 commandments in courtrooms
RELIGIOUS FREEDOM • Evolution vs. Creationism • Edwards v. Aguillard (1987) -states cannot mandate teaching of biblical creationism
RELIGIOUS FREEDOM • Kitzmiller et. al. vs Dover Area School District (2005) • State cannot mandate teaching of “Intelligent Design” in the science curriculum
RELIGIOUS FREEDOM • Free Exercise • Distinction between belief and practice • Courts have upheld state intervention in religious practices • Drug Use permissible? No. Oregon v. Smith (1990) Yes. Gonzales v O Centro Espirita Benficiente Unaio do Vegetal (2006)
RELIGIOUS FREEDOM • Free Exercise • Is animal sacrifice permissible? Yes. Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
RELIGIOUS FREEDOM • Free Exercise • Distinction between belief and practice • Exemptions for religious groups for various regulatory requirements: • faith healing • immunization exemption • reporting infectious disease exemption • child neglect exemption • licensing exemption People vs. Cole, 219 N. Y. 98, 113 N. E. 790 (1916) People vs. Vogelgesang, 221 N. Y. Reports 290 (1917). N. Y. Court of Appeals.
FREEDOM OF EXPRESSION • Free speech provisions • Permitted Restrictions • Schenck v. United States (1919) - “clear and present danger” • Gitlow v. New York (1925) “bad tendency” • Brandenburg v. Ohio (1969) - “incitement to imminent lawlessness”
FREEDOM OF EXPRESSION • “Beyond the Pale” unprotected speech • Obscenity • Fighting Words • Heckler’s Veto • Hate Speech • Slander • Advocate illegal activities
FREEDOM OF EXPRESSION Is this protected speech? No. Morse v. Frederick (2007). Students could be suspended for unfurling banner held to advocate the use of illegal drugs
OTHER SPEECH RIGHTS • “Symbolic” Speech and the First Amendment. . . protected or not? Yes Tinker v. Des Moines School District (1969)
OTHER SPEECH RIGHTS • Symbolic Speech • Is Flag burning protected? Yes Texas v. Johnson (1989) flag burning as part of a peaceful protest is protected by the First Amendment* *It’s also the official way of disposing of old flags.
FREEDOM OF THE PRESS • In general, same protections as speech with some permissible restrictions • national security • censorship permissible if protects national security
FREEDOM OF THE PRESS • “fair trial” issues • protect witnesses • protect accused
FREEDOM OF THE PRESS • Print vs Non-print media • Print has greater protection • Non-print, distinction between finite and non-finite transmission mode • Broadcast vs cable/satellite • More restriction on broadcast • Licensing and rules
FREEDOM OF THE PRESS • “Beyond the Pale” unprotected press • Libel • Knowingly publish with reckless disregard for the truth statements known to be false and injurious to person’s character, reputation
FREEDOM OF THE PRESS • Pornography/ Obscenity • Roth v. United States (1957) • Miller v. California (1973)
FREEDOM OF THE PRESS • Miller v California (1973) • Average Person finds it violates contemporary community standards • Work taken as a whole appeals to a prurient interest in sex • Work depicts patently offensive sexual conduct • Work lacks serious redeeming literary, artistic, political, or scientific merit
FREEDOM TO ASSEMBLE • Balance right to free association with right for public order • Permissible for localities to require permits in order to protest
SECOND AMENDMENT • One of the few remaining amendments in the Bill of Rights that has not been incorporated • In District of Columbia v. Heller (2008) court ruled for the first time that gun ownership is an individual rather than a collective right.
THIRD AMENDMENT • This amendment prohibits the federal government from commandeering private homes for the military in peacetime without consent of the owner. • In time of war, however, it can happen with appropriate legislation.
RIGHTS OF THE ACCUSED • Founders were concerned with crime, but their concerns were different from ours • Wanted to find ways to protect individuals from overambitious state activities • Variety of provisions built into the Bill of Rights to make it more difficult for states to deprive people of their liberty
RIGHTS OF THE ACCUSED • Pretrial Rights • 4 th Amendment protections • no unreasonable search & seizure • police need warrant to search • 5 th Amendment protections • no self-incrimination • grand jury indictment
RIGHTS OF THE ACCUSED • Trial Rights • habeas corpus -- accused must be brought before judge and be publicly informed of charges (Art. 1, sec. 9, clause 1) • right to counsel (6 th Amendment) • right to confront witnesses (6 th Amendment)
RIGHTS OF THE ACCUSED • Trial Rights (continued) • due process provisions (6 th Amendment) • speedy and public trial • jury of peers • presumption of innocence • trial conducted in jurisdiction where crime is alleged to have occurred
RIGHTS OF THE ACCUSED • Post Trial Rights • no double jeopardy (5 th Amendment) • no cruel and unusual punishment (8 th Amendment
RIGHTS OF THE ACCUSED • Key additions/amendat ions to basic rights • Gideon v. Wainwright (1963) -- right to counsel even if can’t afford an attorney; state must provide one
RIGHTS OF THE ACCUSED • Mapp v. Ohio (1961) -exclusionary rule; illegally obtained evidence is inadmissible at trial. "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court. "
RIGHTS OF THE ACCUSED • Exceptions to Exclusionary Rule • “Plain sight”: • evidence not on a warrant but in “plain sight” of the police is admissible in court • Alternative means: • If police can demonstrate they would inevitably have found the evidence legally anyway, even though it was illegally obtained originally, the evidence is admissible • “Good faith”: • if police believe they are conducting a “reasonable” search, and a subsequent court rules that the search was in fact unreasonable, the evidence is admissible
RIGHTS OF THE ACCUSED • Miranda v. Arizona (1966) -- police must inform accused of rights prior to taking into custody
RIGHTS OF THE ACCUSED • Exceptions to Miranda: • “Public Safety” • Conviction possible if other evidence at trial would have been enough to convict, even if confession was coerced or suspect was not read Miranda rights • Ambiguity • Suspects must clearly state that they would like to speak to counsel or exercise other provisions of their Miranda rights
RIGHTS OF THE ACCUSED • Exceptions: • War on Terror and enemy combatants • Bush Administration argues that terrorists taken into custody are outside both international law (Geneva Conventions regarding Prisoners of War) and US civil law
PUNISHMENT • Bail – the sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she will appear in court at the proper time. • Preventive Detention – a federal judge can order that the accused be held, without bail, when there is good reason to believe that he or she will commit another serious crime before trial.
DEATH PENALTY • Death penalty and the 8 th Amendment • “cruel and unusual” refers to punishment that is excessive (punishment did not fit the crime) and needlessly inflicts suffering on the convict • Furman v. Georgia (1972) • Death penalty unconstitutional because its use was random and arbitrary
DEATH PENALTY • Gregg v. Georgia (1976) • States adopt, and court approves a “two step” process for capital cases • Ring vs Arizona (2002) • Only juries, not judges, can impose the death penalty • Death Row statistics from the Bureau of Justice Statistics
OTHER RIGHTS • Privacy Rights • Privacy not mentioned specifically in the Constitution or the Bill of Rights • Griswold v. Connecticut (1965) • Privacy located in the 1 st, 3 rd, 4 th, 5 th, 9 th amendments
OTHER RIGHTS • Privacy and the USA Patriot Act • allows government officials to secretly search a suspected terrorist house with special warrant • allows government to monitor internet, phone conversation, banking, and book purchases with special warrant • allows government to open mail with special warrant
OTHER RIGHTS • Privacy and the Patriot Act • FBI must present evidence why warrant is necessary, but judge has no authority to reject warrant • Individuals targeted by these investigations are forbidden to discuss investigation, including the facts of its existence, with anyone
CIVIL RIGHTS LAWS • Government attempts to guarantee equal opportunity to ALL Americans.
CIVIL RIGHTS ACT OF 1964 • Banned discrimination in public accommodations and workplace. • Ends discrimination based on race, color, religion, national origin, sex, or physical disability. • Government cuts money from discriminatory programs.
CIVIL RIGHTS ACT OF 1968 • Often called the “Open Housing Act. ” • Forbade discrimination in sale or renting of housing.
WOMEN AND CIVIL RIGHTS • Women still enjoy some genderpreference laws. • Fought for inclusion in professions and equal pay for equal work. • ERA failed to be ratified. • Title IX and educational opportunities.
AFFIRMATIVE ACTION • These programs encourage programs and employers to hire and promote women and minorities. • The goal was to make up for discrimination of the past. • The easiest solution was to use a quota…
REVERSE DISCRIMINATION w Can Race by the only factor in admission to universities? n NO Bakke v. University of California w Can quotas be used in areas which had flagrant and longstanding discriminatory practices? Yes United Steelworkers v. Weber w The court said an affirmative action plan has to be (1) necessary (2) aiming to correct a statistical imbalance (3) not result in an absolute bar to hiring non-minority people (4) temporary, with an end date or goal (5) allow flexibility for hiring non-minorities.
IMPORTANT CIVIL RIGHTS CASES • 1857: Dred Scott v. Sanford • 1896: Plessy v. Ferguson • 1954: Brown v. Board of Education • 1995: Adarand Constructors v. Pena • 2013: Shelby County v. Holder
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