THE JUDICIAL SYSTEM Part 1: The Federal Court System Part 2: Civil Liberties and the 1 st Amendment Part 3: Civil Rights, Equal Protection Under the Law

PART 1: THE FEDERAL COURT SYSTEM

ARTICLE III OF THE U.S. CONSTITUTION ESTABLISHES THE JURISDICTION OF THE FEDERAL COURTS Exclusive Jurisdiction: Certain cases, such as bankruptcy, can be tried only in federal courts. Concurrent Jurisdiction: Congress allows some cases to be tried in either federal or state courts Original Jurisdiction: the authority to hear a case first Appellate Jurisdiction: the authority to review decisions of a lower court

JURISDICTION OF REGULAR FEDERAL COURTS U.S. Supreme Court – Appellate and limited original U.S. Court of Appeals – Appellate U.S. District Court – Original ** The Supreme Court is the last resort. It hears appeals from federal, state, and special courts.

CHIEF JUSTICE JOHN MARSHALL Prior to the appointment of Chief Justice John Marshall, the Supreme Court had little power. In Marbury v. Madison (1803) Chief Justice John Marshall and the Supreme Court for the first time declared an act of Congress unconstitutional, thus establishing the power of judicial review.

STEPS IN DECIDING A SUPREME COURT CASE 1.Briefs – Both sides of the case submit written information summarizing their points of view. 2.Oral Arguments – Lawyers for each side present their arguments. They are often questioned by the justices regarding their arguments. 3.Conference – Justices meet to discuss the merits of the case. The decision of the court is determined by a majority vote. 4.Opinions – Justices are assigned to write the majority (winning) and minority (losing) opinions. These are presented to the public. If a justice disagrees, they write a dissenting opinion.

ACTIVISM VS. RESTRAINT Judicial activists believe federal courts should use the power of judicial review to resolve important social issues. Since justices are not elected, they do not have to fear losing a reelection. Judicial restraint argues that the Supreme Court should avoid ruling on constitution issues whenever possible.

JUDICIAL INFLUENCE OVER PUBLIC POLICY Judicial review can invalidate legislative and executive acts that overstep the boundaries of the U.S. Constitution Federal courts apply federal law to specific situations, providing meaning to legislative and executive actions. The Supreme Court defines the limits of government and protects individuals FROM the government.

PART 2: CIVIL LIBERTIES AND THE 1 ST AMENDMENT

CIVIL LIBERTIES Freedoms upon which the government cannot infringe The Bill of Rights (first ten amendments) guarantees the rights of individuals and limits the government. First Amendment Freedoms – Religion, Assembly, Press, Petition, Speech (RAPPS)

RIGHTS OF THE ACCUSED The Bill of Rights protects citizens from: Illegal searches and seizures Double jeopardy (trial for same crime twice) Self-incrimination Cruel and unusual punishment

DUE PROCESS OF LAW Procedural – the government must use fair proceedings Substantive – the laws under which the government acts must be constitutional 5 th Amendment – Prohibits the federal government from acting in an unfair manner. 14 th Amendment – prohibits state and local governments from acting in an unfair manner.

LIMITATIONS OF RIGHTS Some forms of speech are not protected (libel, slander, obscenity) Speech that is a “clear and present” danger is not protected. (yelling “FIRE” in a crowded building) The press can be restricted when publication will cause serious and irreparable harm (breach of national security, names and info about children).

PART 3: CIVIL RIGHTS- EQUAL PROTECTION UNDER THE LAW

EQUAL PROTECTION CLAUSE Included in the 14 th Amendment: “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.” The government can classify people into large groups for legal purposes. (adults under 21 can purchase alcohol)

CIVIL RIGHTS AND AFFIRMATIVE ACTION Civil Rights Movement: Congress passed a series of laws outlawing discrimination. Affirmative Action: Government passed laws and implemented procedures to reverse the effects of years of discrimination primarily against women and minorities