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Courts II. 3/1/2012. Clearly Stated Learning Objectives. Upon completion of this course, students will be able to: understand and interpret the United States Constitution and apply it to present policy dilemmas
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Courts II 3/1/2012
Clearly Stated Learning Objectives • Upon completion of this course, students will be able to: • understand and interpret the United States Constitution and apply it to present policy dilemmas • Identify and explain the role of formal institutions and their effect on policy. • students will have a better understanding of why our national government works and why the American system of government is unique.
Office Hours and Readings • Readings- Chapter 11 on the Courts • Office Hours • Today- 11-2 • Wednesday 10-2
The Real Power of the Courts Judicial Review
Marbury vs. Madison • Midnight Judges in 1800 • A New System of Checks and Balances • Overturned by impeachment and amendment
Today’s Court Left Right Scalia (Reagan) Thomas (Bush) Roberts (GW Bush) Alito (GW Bush • Bader-Ginsburg (Clinton) • Breyer (Clinton) • Sotomayor (Obama) • Kagan (Obama)
Applying the Bill of Rights • Barron v. Baltimore 1883 • Too Bad, the Bill of Rights only applies to actions of the Federal Government
Selective Incorporation • Application of the 14th Amendment • Piecemeal application of the Bill of Rights • Gitlow vs. New York changes this (1925)
Limits on the Court’s Power • Amendment • Impeachment • Judges reverse themselves • Wait them Out
Protections from Government Freedom of Speech and Press
Freedom of Religion: Free Exercise • Enables you to believe what you want • Churches are tax-exempt • Limits on Practice
Freedom of Religion: Establishment • No national religion • No specific mention of separation of church and state
The Lemon Test • Lemon V. Kurtzman • must have a legitimate secular purpose • must not have the primary effect of either advancing or inhibiting religion; • not result in an "excessive entanglement" of the government and religion.
School Vouchers and the Lemon Battle Supporters Opponents 80% of private schools are religiously affiliated Welfare for the rich Vouchers violate the establishment clause • Provides students a better opportunity • Defray the cost of education for poor/middle class families • Increases competition in the education marketplace
Prayer in School • Not Since 1962 • What you can’t do • What you can
Free Speech and Press • The First Amendment is Fully incorporated • Very high levels of speech and press • There are some restrictions
Clear And Present Danger • Sets the framework for free speech • Fighting Words • Threats
Hate Speech • Actually, it is free speech • Cannot incite immediate violence
Subversive Speech • Protected under Brandenburg v. Ohio • It cannot call for imminent violence • Threats are taken seriously
Literature • Banned books are pure hype • There are no federally banned books in the United States • Books are challenged at the local level and can be removed from libraries
Obscenity • No socially redeeming value • “I Know it when I see it” • Regulated by community standards
What We See and Hear • FCC Regulates Content • TV and Radio have strict guidelines • Pay TV and Print are less restrictive • Internet has few restrictions
Prior Restraint • Pre-publication censorship • Troopship information • National Security