The Federal Court System, Civil Rights, and Civil Liberties

Federal Courts The Supreme Court is the only fed. court mentioned in the Constitution (all others created by Congress) Congress has also created special courts to lay taxes, govern U.S. territories/D.C., and regulate the armed forces

Jurisdiction- A court’s authority to hear cases Jurisdiction- A court’s authority to hear cases Original Appellate Original Appellate court that hears court that hears a case first cases on appeal a case first cases on appeal

Federal Court Structure 1. Federal “District” Courts- Handle most trial cases, 91 of them (at least 1 in every state, D.C., and Puerto Rico) 2. Courts of Appeals-Handle most appeals by federal district courts; may uphold, reverse, or modify lower courts decisions, or send to be retried. Do not hear facts of case (legal issues involved) 3. Supreme Court- “Court of Last Resort”- final interpretation of law

Accepting Cases – rule of four –Use the “rule of four” to choose cases: 4 of 9 justices must want to hear it in order to be accepted onto the calendar. – writ of certiorari “cert” –Issue a writ of certiorari “cert” to call up the case from lower courts (sir-sha- rare-ee)

After oral arguments are made by lawyers, Justices will discuss the case in private before reaching a decision: majority opinion – One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case – Dissenting opinions: – Dissenting opinions: written by justices who oppose the majority – Concurring opinions: – Concurring opinions: written in support of the majority but stress a different legal basis – Precedents – Precedents: how similar past cases were decided Courts rely on the other branches to implement their decisions.

Bill of Rights: 1 st 10 Amendments

Gitlow case: Does 1 st Amendment freedom of speech apply to state laws too? “Selective Incorporation Supreme Court said: YES! Most amendments are now fully incorporated into state law, meaning that state laws can no longer violate these amendments. The process of applying each amendment to state laws through the “Equal Protection Clause” of the 14 th amend. is called: “Selective Incorporation”. This started with the Gitlow case

Free Speech – 1 st Amend Verbal, non-verbal, written, symbolic, political are all types of acceptable speech Limits: (not allowed): Sedition, Clear & present Danger, Imminent Danger, Fighting words, Obscenity, and Defamation (libel & slander). Some cases: Tinker, Gitlow, Schenck, Texas v. Johnson, Bong Hits for Jesus, etc.

Freedom of Assembly – 1 st Amend Free to peacefully gather on public land for the most part. Keep in mind the time, place, manner standard.

Free Press – 1 st Amend Prior restraint: government cannot prevent a story from being published (unless it is for national security) Obscenity: not given 1 st amendment protections (Miller Test will determine what is considered too obscene) Cases: Hazelwood, Near v. Minnesota

Due Process of Law “The government cannot deprive anyone of “life, liberty, or property, without due process of law” -14 th Amendment Due Process: The constitutional right of every citizen to fair treatment under the law Amendments 4-8, applies to everyone through the 14 th amend Know court cases from each amendment

Rights of the Accused: Due Process Protections: 1. Self-incrimination: remain silent, Miranda warnings, Miranda v. Arizona 2. Unreasonable searches: warrants, probably cause, Mapp v. Ohio (exclusionary rule) 3. Lawyer: during questioning (Escobedo v. Illinois), if you cannot afford one (Gideon v. Wainwright) 4. Cruel punishment: death penalty is allowed, 8 th Amend (states can choose to use it or not)

Privacy…does it still exist?? Supreme Court created a right to “privacy” even though it is not mentioned in the Constitution (Griswold v. Connecticut) Supreme Court created a right to “privacy” even though it is not mentioned in the Constitution (Griswold v. Connecticut) Patriot Act & wiretapping is allowed Patriot Act & wiretapping is allowed Abortion is allowed (Roe v. Wade) Abortion is allowed (Roe v. Wade) States cannot ban homosexuality (Lawrence v. Texas) States cannot ban homosexuality (Lawrence v. Texas)

Civil Rights Types of Segregation: de jure, de facto African Americans: Amendments 13-15, Jim Crow laws, 24 th amend, banning literacy tests, Civil Rights Acts, Voting Rights Act, Brown v. Board (desegregation) Women: 19 th Amend, Equal Pay Act, Lilly Ledbetter, Title IX. ERA never passed. Affirmative Action (Bakke case= quotas)