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Unit 5

Unit 5. The Judicial Branch Ch 18 – The Federal Court System Ch 19 – Civil Liberties: 1 st Amendment Freedoms Ch 20 – Civil Liberties: Protecting Individual Rights Ch 21 – Civil Rights: Equal Justice Under Law

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Unit 5

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  1. Unit 5 The Judicial Branch Ch 18 – The Federal Court System Ch 19 – Civil Liberties: 1st Amendment Freedoms Ch 20 – Civil Liberties: Protecting Individual Rights Ch 21 – Civil Rights: Equal Justice Under Law “At his best, man is the noblest of all animals; separated from law and justice he is the worst.” - Aristotle

  2. Ch 18 and 19 Quiz

  3. The federal court system The US has 2 separate court systems, the federal system + the states’ system. (More about the states’ courts in Ch 24). The Constitution created the Supreme Court + established it as the highest court in the land. Congress was given the right to establish all lower or inferior courts in the federal system. Congress has created 2 types of inferior courts: 1. Constitutional (or Regular) Courts 2. Special Courts – only hear specific types of cases. Includes Courts of D.C., U.S. Court of Appeals for the Armed Forces, U.S. Tax Courts, etc… Ch 18 – The Federal Court System

  4. Federal jurisdiction Jurisdiction is the authority of a court to hear a case. Federal courts may have jurisdiction based on one of two factors (details on p. 508): 1. The subject matter of the case. (Federal law or law involving American waters) 2. The parties involved. (The US gov.’t, state gov.’ts, citizens of different states, foreign gov.’ts or foreign ambassadors) All cases not specifically under federal jurisdiction are under state jurisdiction. Original jurisdiction refers to the 1st court to hear a case, while appellate jurisdiction refers to a court that hears a case on appeal. District courts always have original jurisdiction, and appeals (or appellate) courts always have appellate jurisdiction. The Supreme Court can have either original or appellate jurisdiction.

  5. Federal judges All federal judges are appointed by the president + confirmed by the Senate. When choosing a judge, the president looks for someone whose legal/political records reflects common views. Judges in constitutional courts are appointed for life unless impeached, + judges in special courts are appointed for varying terms, depending on the court. One thing that heavily factors into a judge’s appointment is how the president believes he/she would interpret the Constitution. Some believe that a judge should decide cases based on 1) the original intent of the framers of the Constitution + on 2) precedent (previous court decisions on similar cases). Others believe judges believe that the law should be interpreted + applied based on ongoing changes in conditions + values. End Section 1

  6. The inferior (or lower) courts District Courts – handle about 80% of federal caseload. There are about 94 of them throughout the states + in the territories. They hear cases about things such as: Bank robbery Mail fraud Tax evasion Civil rights Counterfeiting Bankruptcy Usually, only 1 judge hears each trial, but certain cases have multiple judges hear them. Most court decisions are final, but some are appealed…

  7. The Courts of Appeals (or appellate courts) were created to relieve the Supreme Court of some of its burden. There are 12 federal courts of appeals each divided in circuits (p. 513). What is an appeal? A request for a higher court to hear a case b/c one or both sides are unhappy w/ the verdict. There has to be a legal basis… Most cases are heard by a tribunal of 3 judges, although if the case is especially important, all judges in the circuit hear it. Their decisions are final unless the Supreme Court agrees to hear the case on appeal… End Section 2

  8. The Supreme Court The only court specifically created by the Constitution + the highest court in the land. It has the final word on the meaning of the Constitution. In the Supreme Court only, judges are called justices. Has 1 Chief Justice + 8 associate justices (although Congress can + has changed that #). It has both original + appellate jurisdiction, but most cases come on appeal. It has original jurisdiction on cases involving a state, ambassador, + public ministers. Over 8,000 cases are appealed to the Supreme Court each year; it hears less than 100. For an appeal to reach the Supreme Court, at least 4/9 justices must agree to hear it. They pick cases either b/c they disagree w/ the lower court or b/c it involves a significant point of law.

  9. It hears cases from the 1st Monday in October until June or July (1 term). After hearing a case, the justices reach a verdict. Only about 1/3 of their verdicts are unanimous. The rest are decided by a simple majority. Afterwards, they write their opinions. The majority opinion, or the Opinion of the Court gives the Court’s verdict + its reasoning. Sometimes a justice may write a concurring opinion in which he/she agrees w/ the Court’s verdict, but emphasizes or adds different points. One or more dissenting opinions are written by those justices who disagree w/ the Court’s verdict + their reasoning.

  10. Marbury v. Madison (1803) Pres. John Adams appointed some federal judges + Senate had confirmed their appointments right before Adams left office. New Pres. Thomas Jefferson wouldn’t have official documents appointing them as judges delivered b/c he didn’t want them to take office. Several appointees take the issue to the Supreme Court. Chief Justice John Marshall stated in the Court’s decision that appointees were entitled to commissions BUT the Supreme Court didn’t have the right under the Constitution to force the president to issue them + that Marbury based his case on an unconstitutional point of law. This established judicial review (The courts’ power to interpret the laws). Courts can declare laws unconstitutional. If Congress passes law + President signs it, the Court can still declare it illegal. End Section 3 John Marshall

  11. The Special Courts Created by Congress to hear certain types of cases: End Section 4

  12. Rights of the people The Bill of Rights are the 1st 10 Amendments to the Constitution – only apply to the federal gov.’t (however, the 14th Amendment extends most of these protections over state gov.’ts also – p. 536). Civil liberties are protections against the gov.’t (ex. the 1st Amendment). Civil rights are positive acts of gov.’t that seek to make constitutional guarantees a reality for all people (ex. laws prohibiting discrimination). The US gov.’t is a limited gov.’t, meaning the gov.’t is restricted in what it may do, + that the rights of the people may not be taken away. However, a person’s rights are relative to the rights of others. In other words, you may not exercise your rights by violating someone else’s rights. End Section 1 Ch 19 – Civil Liberties: 1st Amendment Freedoms

  13. The freedom of religion The 1st + 14th Amendments guarantee that the gov.’t may not establish a state religion (separation of church + state) or arbitrarily interfere in the people’s exercising of religion. The gov.’t is neither to aid nor to hinder any religion. Most of the Supreme Court cases regarding freedom of religion involve religion + schools. Issues include: State support of parochial schools Prayer in schools What is taught (ex. evolution) Religious freedom, like all others, is relative. It may not violate another’s rights or go against the good order of society. End Section 2

  14. The freedoms of speech + press The 1st + 14th Amendments guarantee that each person has a right of free expression in the spoken + written word, + all other forms of communication. Also, they guarantee that all people have the right to the discussion of public affairs. These rights are intended to protect the expression of UNPOPULAR views. “freedom for the thought that we hate” – Justice Oliver Wendell Holmes Again, these rights are relative to others’ rights. Libel (the false + malicious use of printed words) + slander (the false + malicious use of spoken words) are both illegal. Also illegal is sedition (the crime of attempting to overthrow the gov.’t by force or to disrupt lawful activities by violent acts). Encouraging sedition is illegal as well.

  15. Obscenity is not permitted in freedom of expression (but what qualifies as obscene is constantly debated). Except in very extreme circumstances, the gov.’t may not attempt to block any attempts at spoken or written expression even if those expressing themselves may be punished for it later. Of all forms of communication, radio + tv are subject to the most restrictions b/c they are broadcast on public airwaves. Freedom of expression includes actions as well (ex. flag burning + picketing) In Tinker v. Des Moines School District (1969), the Supreme Court ruled that students + teachers don’t shed their constitutional rights at school. End Section 3

  16. The freedoms of assembly + petition The 1st + 14th Amendments guarantee the rights to assemble (to gather in groups + express views on public matters) + to petition. If assembled, groups may not incite violence, block public streets, close schools, or otherwise endanger public order. The gov.’t may reasonably regulate the time, place, + manner of assembly, but not the who or their views. Demonstrations in public places can be regulated by requiring advance notice + permits. The right to assemble does not give demonstrators the right to trespass on private property. The right to assemble includes the right of association – to join w/ others to promote political, economic, + other social causes.

  17. End Section 4

  18. Ch 20 and 21 Quiz

  19. Due process The 5th + 14th Amendments guarantee that the gov.’t may not deprive anyone of “life, liberty, or property” w/o due process of law (In other words, the gov.’t must act fairly + in accord w/ established rules). The Supreme Court refuses to give an exact definition as to what due process is, instead deciding on a case by case basis. Thus, what qualifies as “due process” has changed over time. Ex. Miranda v. Arizona Gideon v. Wainwright End Section 1 Ch 20 – Civil Liberties: Protecting Individual Rights

  20. Freedom + security of the person: The 2nd Amendment The right to keep + bear arms – but who does it belong to? The 2nd Amendment reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The 2nd Amendment is NOT covered by the 14th Amendment’s due process clause, + so the states can + do limit the right to own guns.

  21. Freedom + security of the person: The 3rd + 4th Amendments The 3rd Amendment protects individuals from being forced to quarter troops. It’s had no real importance since 1791. The 4th Amendment protects against unreasonable searches + seizures. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” Except under special circumstances, police must have a proper warrant (court order) to search +/or seize evidence or individuals. To obtain a warrant, police must have probable cause (reasonable suspicion of a crime). Police may act upon evidence in plain view. Cars + other vehicles are often exempt from requiring a search warrant – only need probable cause. This is due to the “movable scene of crime”. Can illegally seized evidence be used in court? In general, no. Exceptions include – “inevitable discovery”, “good faith”, + “honest mistakes”.

  22. End Section 2

  23. Rights of the accused: The Constitution, 5th + 6th Amendments What you need to know for when you’re arrested… The Constitution requires a writ of habeas corpus – a court order to prevent unjust arrests + imprisonments. It requires the police to bring the prisoner to court to be formally charged for a crime + prove good cause for his/her detainment. Can only be suspended in times of war or the likelihood of it. Cannot be arrested for breaking a criminal law before it was made illegal. The 5th Amendment requires due process. Prohibits double jeopardy (to be tried twice for the same crime). But if more than 1 crime is broken at a time, the criminal may be tried in separate trials. A trial resulting in a hung jury doesn’t count nor does an appeal. Protects against forced self-incrimination – written or verbal confession (“taking the 5th”). Led to Miranda v. Arizona (1966) – required Miranda rights.

  24. The 6th Amendment guarantees a speedy trial (100 days w/o special circumstances). The defendant may request a delay. A trial must be public to ensure procedural due process. Accused has the right to a trial by an impartial jury (but state trials only have to have a jury in major cases) from the same district where the crime was committed. Accused has the right to an attorney + if he/she can’t afford one, one must be provided for free (Gideon v. Wainwright - 1963).

  25. End Section 3

  26. Punishment: The 8th Amendment The 8th Amendment protects against excessive bail + fines. Bail is the sum of $ that the accused may be required to post to guarantee that he/she will appear in court at the proper time. Bail is justified b/c: 1. A person shouldn’t be jailed until guilt is decided. 2. A person can better prepare for a trial outside of jail. Bail is NOT guaranteed, but when given, must not be excessive. Bail is determined based on the severity of the crime + the resources/reputation of the accused. - Poorer people may be released “on their own recognizance” - honor system.

  27. It also protects against “cruel + unusual punishment”. Most cruel + unusual cases that reach the Supreme Court involve capital punishment (the death penalty). The Supreme Court has rejected the idea that capital punishment is cruel + unusual, as long as method used is not torturous. However, in 1972 (Furman v. Georgia) it struck down all existing state laws allowing the death penalty b/c of the unfairness in the way in which the criminals were selected for execution. Too many of those who received the death penalty were black +/or poor. States have since changed their laws + now have a 2 stage process for these cases (a trial to determine guilt, followed by a hearing to determine the prisoner’s sentence). The death penalty may be given only if the victims die, but not if the criminal is mentally retarded. The federal gov.’t + most (but not all) states have the death penalty. End Section 4

  28. Race-based discrimination Gender-based discrimination While virtually every minority group in the US has been a victim of discrimination, much focus is placed on black Americans. This is b/c: 1. They currently make up the 2nd largest minority group (slightly more Hispanics). 2. Legacy of slavery. 3. Most of the gains to expand the Constitution’s rights to all minorities were made for + by blacks. Unlike minorities, women are a majority. Women didn’t get the right to vote until 50 yrs after all men did. On average, women make less than 80% of what men do. End Section 1 Ch 21 – Civil Rights: Equal Justice Under the Law

  29. Equal protection Although the Declaration of Indep. mentions equality for all, the Constitution makes no such claim. The closest it comes is the 14th Amendment’s equal protection clause: “No state shall… deny to any person within its jurisdiction the equal protection of the laws.” Applies to all regardless of race, gender, or national origin. In Plessy v. Ferguson (1896), the Supreme Court ruled that segregation did not violate the 14th Amendment based on the separate-but-equal doctrine. The Supreme Court overturned that ruling in Brown v. the Board of Education of Topeka (1954) + declared that separate-but-equal facilities were inherently unequal. De jure segregation is segregation by law. De facto segregation is segregation by practice or custom – a fact even if it’s not a law. End Section 2

  30. Federal civil rights laws The Civil Rights Act of 1964 is the most far reaching of all civil rights laws. Major points are: 1. Provides that no person may be denied access to or refused service in various “public accommodations” b/c of race, color, religion, or national origin. 2. Prohibits discrimination against anyone in any program that receives any federal $ + requires any program that does to lose federal $. 3. Forbids employers + labor unions from discrimination. The Civil Rights Act of 1968 (or Open Housing Act) forbids anyone from refusing to sell or rent a dwelling to anyone.

  31. Affirmative action A policy that requires most employers to take positive steps to remedy the effects of PAST discriminations. Many gov.’t agencies, programs, or companies that work w/ the gov.’t were required to adopt affirmative action programs in 1965. The goal being to ensure that their workforce is representative of the local community. For some, that just meant plans that call for the wide advertisement of job openings + ensuring that minorities + women receive comparable pay, benefits, + promotions. The Supreme Court declared quotas (rules requiring a certain # of jobs, promotions, etc, be given to members of certain groups) unconstitutional in Regents of the University of California v. Bakke (1978). Although race may not be the only factor considered, it may be a factor (except in cases of longstanding, flagrant discrimination). Lately, the Supreme Court has taken a more conservative view, + said that affirmative action programs will be viewed w/ more scrutiny. End Section 3

  32. Citizenship A citizen is one who owes allegiance to a country + is entitled to its protection. Citizenship by birth includes those born w/in the US territory + those born abroad to Americans (p. 615). Citizenship can be obtained through a legal process known as naturalization. This is something only Congress can regulate (p. 614). A person may renounce their citizenship (give it up), but the gov.’t may not strip a person of their citizenship EXCEPT for naturalized citizens only if they gained citizenship through deception or fraud. An alien is a citizen of a foreign country living in this country.

  33. Immigrants Congress has the exclusive right to regulate immigration. Until 1890, Congress made no real attempt to regulate immigration b/c land was plentiful + labor was needed. By 1890, not only was the frontier closed, + labor no longer in short supply, but immigrants were no longer coming from predominately western + northern Europe, but instead from eastern + southern Europe. Throughout the years, various restrictions have been placed on who may immigrate to the US + for a long time quotas were placed on how many immigrants could come from each country. Today there is an annual ceiling of 675,000 immigrants accepted each yr w/ preferential treatment given to close relatives of Americans or legal aliens.

  34. End Section 4

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