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Constitutional Law 101 2013 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D.

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Presentation on theme: "Constitutional Law 101 2013 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D."— Presentation transcript:

1 Constitutional Law Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D.

2 In the beginning... Executive Legislature Judiciary

3 In the beginning... Judiciary Article 3

4 In the beginning... Judiciary October... by statute End of July... by custom

5 In the beginning... Judiciary Courtroom 82 by 91 feet Courtroom 82 by 91 feet

6 In the beginning... Judiciary Courtroom 82 by 91 feet Courtroom 82 by 91 feet Completed in 1935 Completed in 1935

7 In the beginning... Judiciary Courtroom 82 by 91 feet Courtroom 82 by 91 feet Completed in 1935 Completed in 1935 Cost: 9 million Cost: 9 million

8 9 on the Court

9 ... since 1869 by statute... since 1869 by statute

10 9 on the Court 8 Associate Justices + 1 Chief Justice 8 Associate Justices + 1 Chief Justice

11 9 on the Court... since 1869 by statute... since 1869 by statute Court packing

12 Ill take it to the Supreme Court !

13 You think so???

14 Original Jurisdiction

15 Original Jurisdiction Appellate Jurisdiction

16 Appellate Jurisdiction 9000 cases Appellate Jurisdiction 100 decisions

17 9 on the Court

18 Writ of certiorari

19 9 on the Court 4 to hear Recusal Illness Vacancy 6 to decide

20 Tick Tock Arguing a case

21 Judgment Day Opinions

22 Judgment Day Opinions Majority

23 Judgment Day Opinions Majority Concurring

24 Judgment Day Opinions Majority Concurring

25 Judgment Day Opinions Dissenting

26 State Actor

27 Non-State Actor

28 Who has to honor your Constitutional rights?

29 State Actor Yes State Actor Yes Non-State Actor No Non-State Actor No

30 Standards of Review Mild Scrutiny rationally related to a legitimate state interest

31 Standards of Review Strict Scrutiny necessary to accomplish a compelling state interest

32 Standards of Review Mild Scrutiny Nebulous middle level Strict Scrutiny

33 Standards of Review Strict Scrutiny necessary to accomplish a compelling state interest Fundamental rights Suspect classifications

34 Sources of Most Issues Amendments to the Constitution

35 Public School Penguin Pickleball Team Tryouts

36 No Small Gray Penguins Allowed

37 Public School Penguin Pickleball Team Tryouts No Small Gray Penguins Allowed State Actor? Constitutional Issue? Suspect Class? Scrutiny?

38 Constitutional Law Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D.


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