Courts II 3/1/2012

Clearly Stated Learning Objectives Upon completion of this course, students will be able to: – understand and interpret the United States Constitution and apply it to present policy dilemmas – Identify and explain the role of formal institutions and their effect on policy. – students will have a better understanding of why our national government works and why the American system of government is unique.

Office Hours and Readings Readings- Chapter 11 on the Courts Office Hours – Today – Wednesday 10-2

JUDICIAL REVIEW The Real Power of the Courts

Marbury vs. Madison Midnight Judges in 1800 A New System of Checks and Balances Overturned by impeachment and amendment

Today’s Court Left Bader-Ginsburg (Clinton) Breyer (Clinton) Sotomayor (Obama) Kagan (Obama) Right Scalia (Reagan) Thomas (Bush) Roberts (GW Bush) Alito (GW Bush

Applying the Bill of Rights Barron v. Baltimore 1883 Too Bad, the Bill of Rights only applies to actions of the Federal Government

Selective Incorporation Application of the 14 th Amendment Piecemeal application of the Bill of Rights Gitlow vs. New York changes this (1925)

Selective Incorporation

Limits on the Court’s Power Amendment Impeachment Judges reverse themselves Wait them Out

FREEDOM OF SPEECH AND PRESS Protections from Government

Freedom of Religion: Free Exercise Enables you to believe what you want Churches are tax- exempt Limits on Practice

Freedom of Religion: Establishment No national religion No specific mention of separation of church and state

The Lemon Test Lemon V. Kurtzman – must have a legitimate secular purpose – must not have the primary effect of either advancing or inhibiting religion; – not result in an "excessive entanglement" of the government and religion.

School Vouchers and the Lemon Battle Supporters Provides students a better opportunity Defray the cost of education for poor/middle class families Increases competition in the education marketplace Opponents 80% of private schools are religiously affiliated Welfare for the rich Vouchers violate the establishment clause

Prayer in School Not Since 1962 What you can’t do What you can

Free Speech and Press The First Amendment is Fully incorporated Very high levels of speech and press There are some restrictions

Clear And Present Danger Sets the framework for free speech Fighting Words Threats

WHAT IS PROTECTED?

Hate Speech Actually, it is free speech Cannot incite immediate violence

Subversive Speech Protected under Brandenburg v. Ohio It cannot call for imminent violence Threats are taken seriously

Literature Banned books are pure hype There are no federally banned books in the United States Books are challenged at the local level and can be removed from libraries

WHAT IS NOT PROTECTED

Neither is protected

Obscenity No socially redeeming value “I Know it when I see it” Regulated by community standards

Community Standards

What We See and Hear FCC Regulates Content TV and Radio have strict guidelines Pay TV and Print are less restrictive Internet has few restrictions

Prior Restraint Pre-publication censorship Troopship information National Security