Presentation on theme: "Review Session #6 Judicial Branch"— Presentation transcript:
1 Review Session #6 Judicial Branch The CourtsCivil LibertiesCivil Rights
2 Describe the role and influence of the judicial branch, relating it to important concepts and cases involving civil liberties and civil rightsWhat are the perspectives that shape court rulings?What are the processes and politics involved in a case before the Supreme Court?How do civil liberties and civil rights connect with the Constitution?What are significant cases that shape our present view of CL/CR?
4 = = Marbury vs. Madison Established the principle of judicial review Impact makes the Supreme Court an equal player with Congress and the president==
5 Judicial Points of View Liberals ConservativesJudicial ActivismLoose ConstructionistMake policy decisionsCorrect injustices (that other don’t)Judicial RestraintStrict ConstructionistMinimal policy-making roleLeave (defer) to other 2
6 The Hail to the Chiefs…. Justices, That Is Earl WarrenThe Hail to the Chiefs…. Justices, That IsJohn MarshallFederalist extraordinaire!!!Marbury vs. MadisonMcCulloch vs. MarylandGibbons vs. OgdenJohn RobertsSuperchief or Impeach?Brown vs. Board of EdGideon vs. WainwrightMiranda vs. ArizonaWilliamRehnquistA slow move rightDC v. HellerCitizens United v FECMcDonald v ChicagoWarren Burger??Federalism ReturnsBush vs. GoreUS vs. LopezUS vs. MorrisonClinton impeachmentKeep the activist rulings?!Roe vs. WadeUS vs. Nixon
7 Federal Judicial Numbers Article with infoon Judicial Branch34591394# of justices needed to puta case on the docketMajority vote onthe Supreme Court# of justices on the SCOTUS(determined by Congress)# of federal appellate courts# of federal district courts
8 Appointment All Federal judges!! Presidential nomination Senate confirmation:Majority vote neededA political process;from committeehearings to the floorvoteChance for legacy!!
9 Appointment – Denied!! Being “Borked” Reagan nominates Robert Bork in 1987Ted Kennedy goes public w/outrageLongest Senate confirmation hearings ever!IG’s mobilized as never before to urge a “No”ACLU, NOW, NAACP, and Planned ParenthoodExample of IG’s working as a coalition!“Borked” = coordinated attack against a nominee to prevent his or her Senate approvalHyperpolitical
10 Selection Criteria Political ideology Party and personal loyalties Acceptability to the SenateJudicial experienceRace and genderLitmus testRoev.Wade
11 Removal Removal (Impeachment) Retire Resign Because of their life tenure, they are suppose to be above the political games in which elected officials engage, along with being less affected by public opinion
12 Layers of the Court System Federal levelState levelEach level has 3 tiers:DistrictAppellateSupreme Court
13 Arrival to the Court On appeal from the a state Supreme Court On appeal from a state Federal Court of Appeals (#1)A conflict between 2 states needing a federal solutionMost common caseload sourceappellate jurisdictionPetition the court for a writ of certiorariRule of four grants the writPlaced on the docket briefs filed (IG input…)Oral argumentsConference factors in decision (ex.- stare decisis) voteOpinions written
14 Let me continue…Briefly… Amicus Curiae briefs are submittedMeans for interest groups to lobby the courtInterest group accessRemember: IG’s neverrepresent public opinion!!Lobby, lobby, lobbyIG’s can fund casesIG’s can file lawsuits/use litigation
15 My Opinion on Decisions Majority contains what the court orders, its decision!Concurring supports the majority opinion, but for a different reasonDissenting opposes majority decision, tells whyPer Curiam “by the court”; the court acting as a whole; unsigned
16 Standing for the Sitting You must have connection to or suffer harm from…..the party involved….to have the legal right to bring the suit
17 Powerful? Powerless?“Least Dangerous Branch” – Alexander Hamilton (Fed #78)No power of the purse (Congress)No power of the sword (President)“Most feared group of 9 in the country” –UnelectedNot easily removableActivists “make” lawsfrom the bench- Hard to check!!
18 Civil LibertiesProtections from the abuse of government; power enjoyed by allFundamental rights that protect citizens from government intrusionsThe Bill of Rights = Civil Liberties
19 Establishment ClauseProhibits government from establishing one religion as the official religion in our countryCannot take action to show preference to one religion over another1st AmendmentKey cases: Engel v. Vitale (1962)Lemon v. Kurtzman (1971)
20 Free Exercise ClauseProhibits the government from hindering the free exercise of one’s religion1st AmendmentCases and Topics:Oregon v. Smith (drug use in religious ceremonies - no)Reynolds v. U.S. (polygamy - no)
22 Symbolic Speech Non-Verbal expression of belief It is protected as a form of speech(especially if political speech)Tinker v. DesMoines (1969)Texas v. Johnson (1989)
23 Rights: School v. Real World Students do not lose their rights, but they noticeably limited in the school contextTinker v. DesMoines (1969)Bethel v. Frasier (1986)Hazelwood v. Kuhlmeier (1988)Morse v. Frederick (2007)Bong Hits 4 JesusSafford USD#1 v. Redding (2009)
24 1st Amendment Press Clause Allows for Interest Groups and Political Parties to publish their views/opinions
25 Prior RestraintWhen government stops expression before it is made (censorship!)Ex: when gov’t prohibits a demonstration by a radical group b/c it is likely to be violent Presumed to be unconstitutionalGood case examples:Not an absolute right (think Near v. Minnesota)NY Times v. U.S. (1971) – with the Pentagon Papers
26 4th Amendment No unreasonable searches and seizures Authorities must follow these established procedures!!Probable Cause A warrant is issue when a demonstration of the facts permits a reasonable belief that a crime was committed
27 Exclusionary RuleEvidence illegally seized can be withheld as evidence in the criminal prosecution of the accusedMapp v. Ohio (1961)Incorporation occurs here b/c state law of Ohio is held to the federal exclusionary standard!
28 5th AmendmentGrand jury – determines whether to bring criminal chargesNo double jeopardyPlead the 5th (no need to self-incriminate)Due Process Clause (restrains Fed govt)Eminent Domain (Takings Clause)Kelo v. New London (2005)
29 6th Amendment Speedy and public trial Impartial jury Know the charge against youConfronted with witnesses (question them)Call witnessRight to counselKey case: Gideon v. Wainwright (1966)
30 8th Amendment No excessive Bail or Fines No Cruel and Unusual PunishmentDeath penalty okay in 38 states and w/FedsFurman v. Georgia (1972) – DP; noGregg v. Georgia (1976) – DP; yesBaze v. Rees (2008) – one approach; yes
31 Due Process Clause (14th A) The door through which the Bill of Rights is applied to the statesThe idea that the Bill of Rights is applied to the states in a gradual manner, on a case by case basis, via the due process clause of the 14th Amendment……= SELECTIVE INCORPORATION
32 Incorporation Theory Begins with Gitlow v. New York (1925) Begins to undo Barron v. Baltimore (1833)SC applied the Bill of Rights to the states through the application of the 14th A’s due process clauseEach liberty in the B of R is applied one at a time, case by case “selectively”Not all features of the B of R are incorporated!
34 Right to Privacy & Abortion Griswold v. Connecticut (1965)Roe v. Wade (1973)Lawrence v. Texas (2003)Gov’t cannot have a law prohibiting consentual sex between people of the same sex (no legitimate interest in regulating this)
35 Civil RightsProtections from discrimination based on race, gender, or other minority statusCan’t treat people w/unreasonable/ unconstitutional differencesInvolve constitutional rights that are afforded to people as individualsThink EPC of the 14th Amendment
37 Equal Protection Clause (14th A) Clause that prohibits states from denied its citizens equal protection under the lawUsed to combat various types of discrimination!!The door through which some Civil Rights legislation occursCRA (1964)VRA (1965)
38 Types of SegregationDeFacto segregation “by fact”, based on past conditions (economic, social, residential); often results from housing patterns rather than lawDeJure segregation “by law” or agency action; this is segregation required by the government
39 Other Methods of Disenfranchisement/Discrimination White-only PrimariesEnded in the Texas case Smith v. Allwright (1994)Poll TaxesLiteracy TestsPhysical Intimidation
43 Busing and Swann (1971) Charlotte-Mecklenburg Board of Education Court rules that it’s okay to remedy past wrongs with broad and flexible actionsDesegregation regarding busing and personnel
44 Civil Rights Act of 1964 Prohibited discrimination in hiring Prohibited discrimination in places of public accommodationsOutlawed bias in federally funded programsCreated and enforced by the EEOC(Equal Employment Opportunity Commission)Key case:
45 Equal Employment Opportunity Commission EEOCCreated by JFK through an Executive OrderThe primary U.S. Agency for enforcing civil rights and equal opportunity in Federal and private sector workplacesEqual Employment Opportunity Commission
46 Voting Rights Act of 1965 Suspends literacy tests Empowered federal officials to register and protect votersEmpowered federal officials to count ballotsProhibits states from changing voting procedures w/o federal permission
47 19th Amendment (1920) Women voting!! Doubles the electorate!! Part of a series of Progressive reformsAustralian ballotsDirect election of SenatorsDirect primariesCivil service examsInitiative/Referendum/Recall proceduresAll meant to: weaken power of parties enhance power of people
49 Equal Rights Amendment Passes out of Congress in 1972Fails to reach the ¾ of states needed for ratification(7 year window informal amendment idea!!)Only received 35 of 38 states needed(even after a 3 year “extension” granted by Congress and the President)
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