1. Judicial Branch Basics and “Due Process”

2. Basic Structure of the Judicial Branch Supreme Court (original and appellate jurisdiction) 13 Circuit Courts (appellate jurisdiction) 94 District Courts (original jurisdiction) “jurisdiction”=authority to decide certain cases

3. Judicial Branch: Checks and Balances Federal judges serve for life!! Judicial Branch Powers Interpret meaning of laws Use judicial review to examine laws Can overrule/reverse previous decisions Can also propose Constitutional amendments!

4. Important Constitutional Amendments Relating to the Judicial Branch 1 st (Basic Freedoms) 4 th (Search and Seizure of Evidence) 5 th (Life, Liberty, Property and “Due Process”) 6 th (Trial Rights) 9 th (Limitations of Rights) 14 th (State “due process” and “equal protection”

5. Amendment I - Basic Freedoms Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. – “Establishment Clause”: No government may pass any law or take any action that appears to favor one religion. It creates what we call “separation of church and state.” – “Free Exercise Clause” No government may pass any law that might prevent freedom of religion. – All Americans have the right to freedom of speech, freedom of the press, right to assemble in groups and the right to protest the government and ask it to change its policies.

6. Amendment IV - Search and Seizure 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. – Peoples homes may not be searched without a warrant. Warrants can be obtained through a judge only if the police show "probable cause."

7. Amendment V - Life, Liberty, Property, and Due Process No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. – You cannot be tried for the same crime twice - double jeopardy. – You do not have testify in court against yourself if you do not want to. – Life, liberty and property cannot be taken away without laws and trials and a chance for you to appeal - DUE PROCESS. If they take your property the government must provide fair compensation (pay you!). – “Due Process”= all the rights and protections the government must respect

8. Amendment VI - Fair and Speedy Jury Trial In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. – You have the right to trial by jury. – You have the right to be told what you are accused of. – You have the right to confront the witnesses against you. – You have the right to have a lawyer. THESE ARE ALL PART OF YOUR “DUE PROCESS” RIGHTS

9. Amendment IX - Limitations of Rights The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. – Just because the Constitution lists rights does not mean those are the only ones the people have – None of the rights anyone has can infringe on the rights of someone else. – Certain degree of privacy protected (i.e. use of contraceptives, abortion) – Ex - "Your rights end where another persons nose begins." - Constance Kanarek, 1984

10. Amendment XIV—State “Due Process” and “Equal Protection” All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. – “Due Process Clause”: States must respect same “due process” as the federal government – “Equal Protection Clause”: Government cannot discriminate