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Judicial Branch

Judicial Branch. 3/12. ARTICLE III JUDICIAL BRANCH. SUPREME COURT AND INFERIOR COURTS INTERPRET THE LAWS. SECTION I. 1. The power to establish… the Supreme Court is from the constitution Lower courts is from congress 2. Term of office for judges- for life/ till retire/impeached

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Judicial Branch

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  1. Judicial Branch 3/12

  2. ARTICLE III JUDICIAL BRANCH • SUPREME COURT AND INFERIOR COURTS INTERPRET THE LAWS

  3. SECTION I. • 1. The power to establish… • the Supreme Court is from the constitution • Lower courts is from congress • 2. Term of office for judges- for life/ till retire/impeached • Rule was made- no worry or election • 3. 9 judges on supreme court (includes chief justice) • Majority vote rules • President selects judges but Senate approves with 2/3rds vote

  4. SECTION II. • Cases handled by the Federal Courts: • anything that has to do with Constitution- Post Office, rid of habeas corpus, armed forces, ex post facto laws • Anything to do with treaties • Alcatraz and the treaty- if gov’t gave up land/closed down properties, Indians could have it. When Indians tried to move into area, they were pushed out and gov’t didn’t follow treaty • Any case that has to do with an ambassador • Any crimes on sea- pirates (Captain Phillips), oil spills • Conflicts between states- IL, MI, and IN say that IL has to close locks on Chicago River to keep Asian fish out of great lakes

  5. SECTION II Continued (3/13) • Cases handled by the Federal Courts Continued: 6. Between citizens of different states 7. Between citizens of the US and a foreign country • On behalf of Jewish survivors, suing a Hungarian train company for stealing luggage – asking $240 mil to survivors • 2. The Supreme Court has original jurisdiction- right to take a case first over these cases: any case involving the state or ambassadors. All other cases- Appellate Jurisdiction- the right to review the decisions of lower courts. Is it constitutional or unconstitutional? Supreme court can also refuse appeals

  6. SECTION II Continued • Appellate Jurisdiction Cases • Brown vs. Board of Education of Topeka, Kansas 1954 • Ruled they can no longer separate blacks and whites in school. It was unconstitutional to have separate schools. • First time the vote was 9-0 • Alan Bakke vs. University of California 1978 • Affirmative action- the US gov’t to create equal opportunities to get jobs and attend school • Suffering of African Americans- couldn’t rise above so the gov’t said they’d create opportunities • 100 accepted to med school and 16 of them had to be a minority. 84 were white. Allen’s score was higher then the 16 minority but he would have been the 85th white. Quota system. • When the supreme court reviewed the case- they said the quota system was unconstitutional, BUT you can use other methods for diversity

  7. SECTION II Continued • More Cases • University of Michigan 2003 • Point system when you applied. Relatives- 4 points, Scholarship Athlete- 20 points, Essay- 3 points, etc., 20 points if you came from a disadvantaged neighborhood. • 20 neighborhood points was more credit then SAT score. • Ruled that point system was unconstitutional. • Now they have essays on “setbacks” that let the school know essentially what race you are. • Now case in Cali to ban Affirmative Action

  8. SECTION II Continued • More Cases of Supreme Court Reviewing • U.S. Flag 1988 • Many rules/regulations about the flag • Burning flag during protest- arrested- sent to jail • Supreme Court ruled it is constitutional to burn flag- freedom of expression/speech • Roe versus Wade 1973 • Judges ruled that abortion is constitutional only in the first 3 months • Madalyn Murray O’Hair 1963 • Unconstitutional to have prayers/religious teachings in public schools • Tried to get “In God We Trust” off money as well • Had a fit when Neil Armstrong mentioned god (landed on moon)

  9. SECTION II Continued • 3. All trials except impeachment must have a jury • 12 members make up the jury • Need a unanimous vote- all 12 votes need to agree • Trial is in state that the crime occurred in • If crime wasn’t in a state, congress decides

  10. SECTION III • Treason: if you go to war against your country/change sides or if you assist/help an enemy • Can’t convict someone of treason unless there are 2 witnesses • Mary Suratt tried for treason- owned the boarding house where Booth had shot Lincoln • Court claimed she was in on it- debatable

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