Judicial Branch Notes.

Judicial Branch Notes

Judicial Branch Notes Table of Contents
Part 1 – Judicial Branch Basics Part 2 – Supreme Court Justices Part 3 – Judicial Review Part 4 – Reviewing and Hearing Cases Part 5 – Briefing a Case Part 6 – Freedom of Speech Part 7 – Right to a Lawyer Part 8 – Supreme Court and the Civil Rights Movement Part 9 – Miranda and the Rights of the Accused Part 10 – Search and Seizure

1. Judicial Branch Basics
Judicial Branch Notes 1. Judicial Branch Basics The Judicial Branch is discussed in Article III of the U.S. Constitution. (smallest) The main job of the Judicial Branch is to interpret laws. The U.S. Supreme Court heads the Judicial Branch. The Supreme Court meets in the Supreme Court Building in Washington D.C..

Judicial Branch Notes 1. Judicial Branch Basics Supreme Court Justices serve a lifetime term of office. Supreme Court Justices are picked by the President and approved by the Senate. The U.S. Constitution gave Congress the power to set up the Supreme Court and how it would work.

Judicial Branch Notes 1. Judicial Branch Basics The types of cases a court can hear is called a courts Jurisdiction. The Supreme Court has Jurisdiction in cases involving the Constitution. Most cases come to the Supreme Court through appeals in the lower courts. Appeal means when you lose a case and try to get the decision changed by a higher court.

Judicial Branch Notes 1. Judicial Branch Basics Federal Court System U.S. Supreme Court - 1 Courts of Appeals – 12 Courts District Courts- 94 Courts (Special Courts) 12

FEDERAL COURT SYSTEM

2. Supreme Court Justices
Judicial Branch Notes 2. Supreme Court Justices There are 9 Justices on the Supreme Court. (1869) 1 Chief Justice and 8 Associate Justices. There are no qualifications for being a Supreme Court Justice. Sonia Sotomayor 1st Hispanic American on S.C. (2009) Stephen Breyer Samuel Alito Elena Kagan – Newest S.C. Justice (2010) Clarence Thomas 2nd African-American on the Supreme Court Anton Scalia John Roberts (17th) Current Chief Justice Anthony Kennedy Ruth Bader Ginsberg 2nd Women on the Supreme Court

Supreme Court Justices

2.Supreme Court Justices
Judicial Branch Notes 2.Supreme Court Justices 112 People have held the position of a Supreme Court Justice. John Jay 1st Chief Justice of the Supreme Court. (1789) John Marshall (1801 – 1835) Greatest Chief Justice, longest term as a Chief Justice, 35 years. Samuel Chase only Justice impeached by the House but found not guilty by the Senate. (1805)

Supreme Court Justices

2. Supreme Court Justices
Judicial Branch Notes 2. Supreme Court Justices Thurgood Marshall 1st African- American appointed on the U.S. Supreme Court. (1967) William Taft Only President to become a Supreme Court Justice. (1921) William Douglas Served the longest of any Justice, 36 years. (1975) Sandra Day O'Connor ( ) 1st Women on the Supreme Court

3. JUDICIAL REVIEW Judicial Branch Notes
The Supreme Court DOES NOT decide guilt or innocence, only whether laws are Constitutional or Unconstitutional. Constitutional means its O.K. with the Constitution. Unconstitutional means the law goes against the Constitution. Judicial Review is the power of the U.S. Supreme Court declare a law or act of Congress (Legislative Branch) or the President (Executive Branch) Constitutional or Unconstitutional.

3. JUDICIAL REVIEW Judicial Branch Notes Marbury vs. Madison
In the Supreme Court case of Marbury vs. Madison (1803). William Marbury sued to get a job that he felt he was denied by President Thomas Jefferson and Secretary of State James Madison. The Judiciary Act of 1789, allowed him to sue and take his case directly to the Supreme Court and have them rule in his case. John Marshall (Chief Justice) who wasn’t sure how to rule, so he came up with a different plan. Instead, Marshall declared the part of the Judiciary Act of 1789, which gave the Supreme Court power to act in this type of case unconstitutional. 14

John Marshall – Marbury vs. Madison

3. JUDICIAL REVIEW Judicial Branch Notes
In the Courts ruling, the Court said it should not have heard or have jurisdiction in this case. In this case, Marshall established the idea that the Supreme Court could use the power of JUDICIAL REVIEW. Marbury vs. Madison established the idea that the Judicial Branch has the authority to use Judicial Review, to determine when laws or actions are Constitutional or Unconstitutional. And the other branches must follow their decisions.

John Marshall – Marbury vs. Madison

4. Hearing and Reviewing Cases
Judicial Branch Notes 4. Hearing and Reviewing Cases Each year, the Supreme Court receives thousands of appeals (petitions). The Court uses the Rule of Four (4 out of the 9) to decide if they want to hear a case. When they reject a case, the lower court ruling is followed.

Judicial Branch Notes 4. Hearing and Reviewing Cases

Judicial Branch Notes 4. Hearing and Reviewing Cases Once the Supreme Court has decided to hear a case. Lawyers for both sides of the case submit a Brief. Briefs are summaries explaining issues in the case from their sides point of view. Supreme Court Justices read and discuss the Briefs. They then call for the Oral Arguments. Each side is given ½ hour to argue their case, and answer question from the Justices.

Judicial Branch Notes 4. Reviewing and Hearing Cases After oral arguments, Justices discuss the case, then a vote is taken. Cases are decided by a simple majority (5 out of the 9). The decision or ruling in a Supreme Court case is called an Opinion.

Judicial Branch Notes 4. Hearing and Reviewing Cases The Opinion is VERY important because this is what the lower Courts and the other Branches must follow. Majority Opinion is written by one of the majority voters explaining their decision. Dissenting Opinion is written by one of the minority voters explaining why they disagree with the majority.

Judicial Branch Notes 4. Reviewing and Hearing Cases Every time the Supreme Court makes a ruling in a case its called a Precedent. Precedents must be followed by the lower courts and the other branches of government.

5. Briefing a Case Judicial Branch Notes
Both sides of the case must submit a Brief, once the Supreme Court has decided to hear a case. A Brief explains the main issues in the case, from each side’s point of view. Petitioner vs. Respondent (Ex… Marbury vs. Madison) Petitioner is the side appealing the case to the Supreme Court. Respondent is the side responding to the Petitioners’ appeal.

6 Parts to Briefing a Case TITLE: Name of the Case and (Year-ended) SUBJECT: Short statement about what the case deals with. QUESTION: What is the case challenging (law / policy), what is the case trying to prove is Constitutional or Unconstitutional (amendment).

FACTS: Give a detailed summary of the case. You must include names, dates, places, Amendments, prior cases and S.C. Precedents. OPINION: What was the vote of the Supreme Court and who won. Explain the Majority and Dissenting Opinions. Include why they voted the way they did. PRECEDENT: What did this case do or change. Why is the case historically important?

6. Freedom of Speech Judicial Branch Notes
The 1st Amendment – Freedom of Speech can be interpreted in many ways. “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise, or abridging the freedom of speech, or the press, or the right of the people peaceably to assemble, and to petition the government”. But what exactly is “Speech”? Does Freedom of Speech mean only spoken words or does it include actions, music, art or expression? Are there other types of Speech that are covered under the 1st Amendment?

What limits can be placed on the Freedom of Speech. Schenck vs. United States (1919), the Supreme Court ruled that speech could be limited if it was a “Clear and Present Danger”. Dennis vs. United States (1951), the Supreme Court put further limits on speech. “Clear and Probable Danger”. Tinker vs. Des Moines (1969) challenged speech in schools. The Supreme Court ruling defined Freedom of Speech at school and extended the 1st Amendment to cover Symbolic Speech or speech that symbolizes an idea.

Judicial Branch Notes 7.Right to a Lawyer
When and in what cases do people have the right to have the Assistance of Counsel. 6th Amendment -…and have the Assistance of Counsel for their defense. Capital Crime = Death Penalty

Judicial Branch Notes 7.Right to a Lawyer
In Betts vs. Brady (1942), the Supreme Court ruled that states CAN deny a lawyer in Non – Capital Crimes. But under “Special Circumstances” they had to provide a lawyer. “Special Circumstances” include the defendants age, intelligence, literacy, if the charge is complex, or a bias in the community. Gideon vs. Wainwright (1963), who and in what type of cases have the right to a lawyer. Can someone in a Non – Capital case, but can not afford a lawyer, be given a lawyer by the courts?

Judicial Branch Notes 8.Supreme Court and the Civil Rights Movement
When the Constitution was written (1787) it did not apply to all people. The Civil War ( ) was fought to clearly define the rights of African Americans. Amendment # 14 (1868) States cannot deny citizens Equal Protection of the Law under the Constitution.

Judicial Branch Notes 8.Supreme Court and the Civil Rights Movement
In the 1880's -1890's "Jim Crow Laws" began being passed all over the United States, especially in the Southern U.S.. Jim Crow Laws are laws that discriminate and segregate against African- Americans and other races.

8.Supreme Court and the Civil Rights Movement Jim Crow Laws

8.Supreme Court and the Civil Rights Movement
Judicial Branch Notes 8.Supreme Court and the Civil Rights Movement PLESSY vs. FERGUSON (1896) Homer Plessy was arrested in 1892 for violating a Louisiana state law. The law said whites and other races had to be separated or segregated on railroad cars. Plessy had sat on a "Whites Only " train car, when he was asked to leave he refused and was arrested. Since it was a state law, Plessy's case started in the state courts. The case would eventually make it to the U.S. Supreme Court. Homer Plessy argued that the Louisiana law was unconstitutional.

Judicial Branch Notes 8.Supreme Court and the Civil Rights Movement PLESSY vs. FERGUSON (1896) - continued That the law violated the 14th Amendment and denied him the Equal Protection under the Constitution. In 1896, the Supreme Court ruled against (7 -1) Plessy saying that segregation was legal or constitutional as long as it was "Separate but Equal". This historic precedent would be used for over 50 years to keep that races segregated.

Judicial Branch Notes 8.Supreme Court and the Civil Rights Movement BROWN vs. BOARD OF EDUCATION (1954) This case is about Oliver Brown who wanted his 8 year old daughter, Linda Brown to be allowed into a whites only school. It challenges the “Separate but Equal” precedent set in the Plessy vs. Ferguson (1896) case.

Judicial Branch Notes 9.Miranda /Rights of the Accused
The 5th and 6th Amendments deal with the rights of the accused and the rights of the arrested in a trial. 5th Amendment -…nor shall a person be compelled in any criminal case to be a witness against themselves (Right to Remain Silent), nor be deprived of life, liberty, or property, without the due process of law. 6th Amendment-… and to be informed of the nature and cause of the accusation; …and have the assistance of counsel for their defense.

Judicial Branch Notes 9.Miranda /Rights of the Accused
Ashcraft vs. Tennessee (1944) The Supreme Court ruled that evidence obtained by force or by threat could not be used in a trial. Gideon vs. Wainwright (1963) The Supreme Court ruled that the right to a lawyer be provided for all criminal trials. However, it did not address at what point to you have the right to a lawyer. Miranda vs. Arizona (1966) Case deals with the question when do you have your Constitutional Rights to remain silent and the right to a lawyer.

Judicial Branch Notes 10. Search and Seizure
The 4th Amendment reads “The right of the people to be secure in their persons, papers and effects, and seizures, shall not be violated, and no Warrants shall issue, …” The 4th Amendment insures the privacy of the individual is protected against intrusion by the government. The 4th Amendment protection is reinforced by the clause that requires a warrant only be issued by a judge with probable cause.

Weeks vs. United States (1914) Evidence seized illegally without a search warrant or probable cause must be excluded from a trial, This established the Exclusionary Rule which says evidence obtained illegally cannot be used to prosecute the person. Supreme Court cases in 1925 and in 1982, the Court ruled the police can search a car if they have reasonable suspicion of illegal activities, drugs, or other contraband without a warrant. Terry vs. Ohio (1968) The police may stop and search a person’s clothing for weapons if they believe a crime is going to be committed.

New Jersey vs. T.L.O. (1985) The Supreme Court had to decide if the 4th Amendment protection against unreasonable search and seizures applied to students when being investigated by school officials. California vs. Greenwood (1988) The Supreme Court had to decide if the 4th Amendment applied to the securing of trash. And then using that information to obtain a warrant.

New Jersey vs. T.L.O. (1985) The Supreme Court voted 6 – 3 in favor of New Jersey. issued by Justice White, said the balance of an expectation of privacy and the school's interest in maintaining order and discipline. That the school had the right to maintain order. California vs. Greenwood (1988) The Supreme Court voted 6–2 (Justice Kennedy took no part in the case), the Court held that under the Fourth Amendment, no warrant was necessary to search the trash because Greenwood had no reasonable expectation of privacy in it.

DONALD LANG STORY

THE END

Constitutional Amendment Notes

Constitutional Amendment Notes BILL OF RIGHTS
The Bill of Rights are amendments that guarantee and promise citizens of the United States their Basic Constitutional Rights. The Bill of Rights was passed on Dec 15, Originally twelve amendments were introduced. 10 passed. James Madison is the Father of the Bill of Rights.

BILL OF RIGHTS

AMENDMENT # 1 Freedom of Speech, the Press, Petition, Assembly, and Religion. The government will not set up an official Church. Press - Newspapers / Media have rights to report about news. Petition - Citizens have the right to ask the government to change. Assembly - Citizens have the right to meet and discuss issues.

AMENDMENT # 2 Right to Bear Arms. The right to keep and have weapons. AMENDMENT # 3 No Quartering of Soldiers . Citizens will not be forced to house soldiers . AMENDMENT # 4 Search and Seizure - Search Warrant signed by a judge with Probable Cause.

AMENDMENT # 5 No Persons Right to Life, Liberty or Property shall be taken away without Due Process of the Law. Eminent Domain. No Double Jeopardy. Right to not give evidence against yourself. Due Process of the Law – All the correct rights and procedures are followed. Eminent Domain – Government buying private property for public use. Double Jeopardy – Can not be tried twice for the same crime, event.

AMENDMENT # 6 Right to a Fair, Speedy, Public Trial. Change in Venue. Must be told the charges against you. Right to a lawyer. Right to question witnesses. Right to speak in your favor. Change in Venue - moving the location of a trial.

AMENDMENT # 7 Citizens can ask for a jury trial in Civil Case over $20 Civil Case – Lawsuit / Suing someone. Criminal Case = Crime has been done. AMENDMENT # 8 No excessive Bail, Fines, or Cruel and Unusual Punishments. Bail is money you pay to get out of jail promising to return.

Constitutional Amendment Notes
BILL OF RIGHTS AMENDMENT # 9 Citizens have other rights; the Constitution does not have to list them all. AMENDMENT #10 Powers not given to the Federal Government are given to the States or the People. The idea of Federalism.

BILL OF RIGHTS

Amendments # 11 - 27 Judicial Branch Notes Amendments # 11 - 27
Amendment # 11 (1795) Citizens of a state cannot sue a different state. Amendment # 12 (1804) Put President and Vice President on same ballot.

Amendments # 11 - 27 Judicial Branch Notes
The 13,14, and 15 Amendments are referred to as the Civil War Amendments. Amendment # 13 (1865) Ended / Abolished Slavery Amendment # 14 (1868) States cannot deny citizens Equal Protection of the Law under the Constitution. Amendment # 15 (1870) Gave African - American Men the Right to Vote

Amendment # 16 (1913) Government is given the power to Tax Income.
Judicial Branch Notes Amendments # Amendment # 16 (1913) Government is given the power to Tax Income. Amendment # 17 (1913) U.S. Senators are chosen by Popular Vote from the Whole State.

Amendment # 18 (1919) Outlawing of Alcohol. (Prohibition) Amendment # 19 (1920) Women's Right to vote. (Women’s Suffrage)

Amendments # 11 - 27 Judicial Branch Notes Amendment # 20 (1933)
Moved the inauguration date for the President to January 20th . Amendment # 21 (1933) Repealed or ended the 18th Amendment.

Amendment # 22 (1951) Two term limit for the President. Amendment # 23 (1961) Washington D.C. received 3 Electoral Votes. Amendment # 24 (1964) Ended the Poll Tax . A Poll Tax was having to pay to vote.

Amendment # 25 (1967) Presidential Order of Succession. Amendment # 26 (1971) Lowered Voting Age from 21 to 18 years old. Amendment # 27 (1992) Congress cannot give themselves a pay raise while in session. This Amendment was originally part of the Bill of Rights.

6. Amendments Judicial Branch Notes
Articles # 4 - 7 Article 4 - Relations among the States States promise to respect other states laws, records and court decisions. Promise to treat other states citizens fairly. States promise extradition. Extradition the returning of a criminal to where the crime was committed.

6. Amendments Judicial Branch Notes Article 5 - Making an Amendment
To begin or Propose an Amendment it takes 2/3 of both houses of Congress. To Ratify or Approve the Amendment it takes the votes of 3/4 of State Congresses. 38 out of the 50 State Congresses

6. Amendments Judicial Branch Notes Article 6 National Supremacy
Constitution is the Supreme or highest law of the land. Article 7 Ratification of the Constitution It took 9 out of the original 13 states to ratify the Constitution. 1st State Delaware 9th State New Hampshire June 21, 1788

Judicial Branch Notes 1. AMENDMENTS
The Bill of Rights are amendments that guarantee and promise citizens of the United States their Basic Constitutional Rights. The Bill of Rights was passed on Dec 15, Originally twelve amendments were introduced. James Madison is the Father of the Bill of Rights.

BILL OF RIGHTS

AMENDMENT # 1 Freedom of Speech, the Press, Petition, Assembly, and Religion. The government will not set up an official Church. Press - Newspapers / Media have rights to report about news. Petition - Citizens have the right to ask the government to change. Assembly - Citizens have the right to meet and discuss issues.

Judicial Branch Notes 1. AMENDMENTS AMENDMENT # 4 In order to Search and Seize property, a search warrant signed by a judge with “probable cause” is required.

AMENDMENT # 5 No Persons Right to Life, Liberty or Property shall be taken away without Due Process of the Law. Eminent Domain. No Double Jeopardy. Right to not give evidence against yourself. Double Jeopardy – Can not be tried twice for the same crime, event. Eminent Domain – Government buying property for public use.

AMENDMENT # 6 Right to a Fair, Speedy, Public Trial. Change in Venue. Must be told the Charges against you. Right to a lawyer. Right to question witnesses. Right to speak in your favor. Change in Venue - moving the location of a trial.

Judicial Branch Notes 1. AMENDMENTS AMENDMENT # 8
No excessive Bail, Fines, or Cruel and Unusual Punishments. Bail is money you pay to get out of jail promising to return. AMENDMENT # 9 Citizens have other rights; the Constitution does not have to list them all. AMENDMENT #10 Powers not given to the Federal Government are given to the States or the People. The idea of Federalism.

BILL OF RIGHTS

Amendment # 12 (1804) Put President and Vice President on same ballot.
Judicial Branch Notes 1. AMENDMENTS Amendment # 12 (1804) Put President and Vice President on same ballot.

The 13,14, and 15 Amendments are referred to as the Civil War Amendments. Amendment # 13 (1865) Ended / Abolished Slavery Amendment # 14 (1868) States cannot deny citizens Equal Protection of the Law under the Constitution. Amendment # 15 (1870) Gave African - American men the Right to Vote

Judicial Branch Notes 1. AMENDMENTS Amendment # 17 (1913) Direct Election of U.S. Senators. U.S. Senators are chosen by Popular Vote from the Whole State.

AMENDMENTS # 1 – 27 NOTES AMENDMENTS #11 - 27 Amendment # 20 (1933)
Moved the inauguration date for the President to January 20th .

Judicial Branch Notes 1. AMENDMENTS Amendment # 22
Two term limit for the President. Amendment # 23 Washington D.C. received 3 Electoral Votes.

Judicial Branch Notes 1. AMENDMENTS Amendment # 25
Presidential Order of Succession. Amendment # 26 Lowered Voting Age from 21 to 18 years old. Amendment # 27 Congress cannot give themselves a pay raise while in session. This Amendment was originally part of the 12 Amendments introduced with the Bill of Rights.

Judicial Branch Notes 4. Reviewing Cases The U.S. Supreme Court’s session begins on the first Monday of October and runs through the end of June. The Supreme Court hear arguments, rule on cases, write opinions and do research.

Brief Schenck vs. United States
Supreme Court Case Brief Schenck vs. United States TITLE: SUBJECT: QUESTION Schenck vs. United States (1919) The case of Schenck vs. United States is about the 1st Amendment Freedom of Speech. . The question before the Supreme Court in the case of Schenck vs. United States is whether the Espionage Act of 1917 that allowed harsh penalties for persons who interfered with the draft. Is the Espionage Act of 1917, a constitutional or unconstitutional law?

Supreme Court Case Brief Schenck vs. United States FACTS: The United States entered World War I in During the War, the Congress passed and President Wilson signed the Espionage Act of The Act punished people who interfered with the draft. During World War I men were being drafted to fight.

Supreme Court Case Brief Schenck vs. United States FACTS: Charles Schenck who was a member of the Socialist Party was telling people to avoid the draft. He passed out and mailed pamphlets with anti – draft and anti – war information. Schenck also sent the pamphlets through the mail. He was arrested, tried, and found guilty of breaking the law. He appealed his case to the Supreme Court. The Supreme Court voted 9 – 0 against Schenck, setting the Precedent that Speech could be limited if what you are saying is a “Clear and Present Danger”. This Precedent placed limits on speech.

Supreme Court Case Brief Schenck vs. United States OPINION: The Supreme Court voted 9 to 0 in favor of United States. The majority opinion was written by Oliver Wendell Holmes he said in every case you must ask yourself if the speech you are saying is a “Clear and Present Danger”.

Supreme Court Case Brief Schenck vs. United States PRECEDENT: Out of the Supreme Courts’ opinion came limits on Freedom of Speech. Establishing the Precedent of “ Clear and Present Danger” . Which means basically what about the first Amendment freedom of speech?

Judicial Branch Notes 9. Freedom of Speech

However, in Yates vs. United States (1957), the Supreme Court changing its earlier precedent, ruling saying you can not be punished for a belief or an idea. Thus, the government can punish an action, but not an idea or belief. Tinker vs. Des Moines (1969) challenged speech in schools. The issue in this case was do students have the 1st Amendment protection of Freedom of Speech at school and did it cover Symbolic Speech or speech that symbolizes an idea.

9. Freedom of Speech Judicial Branch Notes The 1st Amendment reads:
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise, or abridging the freedom of speech, or the press, or the right of the people peaceably to assemble, and to petition the government”. But what exactly is “Speech”? Does Freedom of Speech mean only spoken words or does it include actions, music, art or expression? Are there other types of Speech that are covered under the 1st Amendment?

Supreme Court and the Civil Rights Movement
Judicial Branch Notes Supreme Court and the Civil Rights Movement 13th Amendment (1865) Officially ended the practice of Slavery. 14th Amendment (1868) States cannot deny anyone the Equal Protection of the Constitution. No State shall deprive any person life, liberty, or property without the Due Process of Law. 15th Amendment (1870) Gave African-American men the right to vote.

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