1. Announcement Introductory Presentations for Research Proposal will be next week: WEDNESDAY 2/18 or THURSDAY 2/19 (block days)

2. Intro Presentation Guidelines You will give a five minute oral presentation to your classmates, which may include an electronic element (such as a Prezi or PowerPoint) as support. This presentation is expected to be an overview of your research topic, including the different views on the topic and the stance you will be taking as you move forward with your research. We understand that you may change your stance as you acquire more information, but we want background for subsequent stages.

3. For Today…  1. Review Foreign Policy stations  2. Begin working on speech  3. Begin working on Supreme Court Case project

4. For Today…  1. Work on Supreme Court Case Project  Assigned cases with your research project group  Due week of 2/23  Look through the samples- but do not copy!  Help your classmates out!  2. Other option: work on intro. presentation  Present on block days  Tomorrow: Judicial Branch

5. Reminders  Supreme Court Case project  Due week of 2/23  One page with all necessary information  Make it look nice!  Intro presentation on block days  5 minutes  Both sides to the issue, your stance

6. Current Events  ISIS  Obama asked for permission to continue airstrikes in Iraq and Syria  Proposal: President can use military force against ISIS for 3 years- doesn’t mean combat troops Could send in Special Ops  Rep- some wish he would allow ground troops  Dem- some think he went too far by asking for permission to send in forces under certain circumstances

7. THE JUDICIAL BRANCH Who is included in the Judicial Branch? Chapter 7

8. Imagine a society without rules…  In about 1-2 GOOD paragraphs, imagine a society without rules or laws. Compare and contrast it with our society of today.  How would it be different?  Potential Problems/Advantages  Impact on individuals, society as a whole, government, etc.  Be prepared to discuss with the class

9. Equal Justice Under The Law  All people are created equal…thus, our judicial system protects citizens under a set of laws/rules  Laws define OUR rights and freedoms

10. Why do we have laws?  Laws promote the common good, protect you physically and personally, protect your rights, and set limits on behavior  Questions as to where our rights end due to infringing on others  Freedom to play music v. Neighbor’s right to enjoy peaceful surroundings This was a recent case!

11. What are the differences between civil and criminal laws?

12. Civil v. Criminal Law  Disputes between people ($)  Judge and/or jury listen to arguments of both sides (facts of the case)  Settles personal issues  Defines crimes  Behaviors that are illegal because society finds it to be harmful  Outlines trial/punishment  Protect society as a whole Civil LawCriminal Law QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?

13.  A person who is hurt in a car accident sues the driver of the other car  A worker sues his employer after the worker hurts his back at work and can never work again  Drunk driving  Murder  Arson  Selling illegal drugs Civil Law ExamplesCriminal Law Examples

14. OJ Simpson’s Trial(s)  Trial for murdering Nicole Brown and Ron Goldman  First trial was a criminal trial (murder trial)  Acquitted- needed to be found guilty beyond a reasonable doubt  Innocent until proven guilty  Could not face another criminal trial for same crime- WHY?  Families then filed a civil suit (wrongful death trial)  Finding: wrongfully caused his wife's death by a "preponderance of the evidence”  $25 million in damages People of the State of California v. Orenthal James Simpson

15. Civil or Criminal Law?  A landlord is having a disagreement with his tenant over noise complaints  A landlord accuses his tenant of theft for stealing objects from the main lobby  A divorce proceeding  A woman accuses her neighbor of assault  A child custody proceeding Civil Criminal

16. Block Day Introductory Presentations  You will receive a grade for the presentation (30 points) as well as a class participation grade (10 points)

17. Judicial Branch Write down (in complete sentences) 5 facts about the judicial branch

18. Remainder of Class  Work on Supreme Court Case project on laptops  Due next Friday  Look at the samples  Remember to make it look nice!

19. Outline for the next week Subject to change  Monday 2/23- Finish presentations, finish 7.1 notes  Tuesday 2/24- Start 7.2 notes  Wednesday 2/25- Writing Center- SC justice activity, finish SC case project  Thursday 2/26- Library- SC justice activity due, Current Events  Friday 2/27- SC case project due, CE due, discussions

20. Presentation Comments  Good discussions  Good PowerPoints  Limit amount of writing  Try not to read word-for-word  Eye contact with audience!!  Presentation should be well rehearsed  Should show a deep understanding of the topic  Length of presentation!

21. Sources of the Law  Principles of Laws are set forth in the Constitution  Four principal types of law:  Statutory  Common  Administrative  Constitutional  Constitutional Law is the supreme law of the land

22. Statutory Law  Laws passed by lawmaking bodies are known as statutes (written laws)  Can be passed by Congress, state, or local gov’t  Most criminal laws and many civil laws fall into this category  Usually represent the majority rule, so they can change over time through the adoption of a new law QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?

23. Common Law  We cannot have a statute for every type of wrongdoing in our society…just imagine how long that list of laws would be  Thus, courts often need to make decisions based off common sense, traditions, and past decisions…this practice is known as common law  Precedent: Earlier Decision  Often, judges will use precedent to help them make decisions in court cases  Over time, the ruling becomes a customary law (common law) QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?

24. Common Law Example  Before automobiles became a major form of transportation, there were no laws about driving them. If an automobile ran into a horse and wagon, the driver of the automobile might argue that the case should be dismissed.  The judge might reply that there is an established principle that people cannot use their property to injure others. The judge would apply tradition and common sense in such a case.

25. Administrative Law  Administrative laws are created by government agencies/commissions and not official legislatures  Many of these laws affect our daily lives, much like statutory laws, since the agencies are overseeing some aspect of our society QUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE LAW?

26. Administrative Law Example  Consumer Product Safety Commission (CPSC) uses administrative law when it rules that a particular toy is unsafe and must be taken off the market immediately

27. Constitutional Law  SUPREME LAW OF THE UNITED STATES  Based on the Constitution and how the Supreme Court interprets the Constitution  Example: 6 th Amendment’s right to “assistance of counsel” for their defense and the SC interpretation that states must give free legal aid to those unable to afford a lawyer (Gideon v. Wainwright) QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL LAW?

28. The Role of Courts  Cases can be people v. people; people v. government; government v. government  In a criminal case, it is society v. individual  Society represented by attorney for government (often the District Attorney)  In civil dispute, both sides have options of having an attorney or representing themselves Ie: The State vs. Casey Anthony

29. Trial Rights  Criminal Case  Accused have right to attorney, right to confront accuser, and right to a jury  Always presumed to be innocent…job of accuser to prove “beyond a reasonable doubt” that the person is guilty  Right to appeal if convicted Appeal: process by which the person asks a higher court to review the result of the trial Higher court may change ruling Appeal process ensures trials are decided fairly

30. Key Definitions  Jurisdiction: Extent or scope of authority that a court has to hear and decide a case that has properly been brought before it  Original Jurisdiction: authority to hear and decide a case for the first time  Appellate Jurisdiction: authority to review decisions made by lower courts

31. THE FEDERAL COURT SYSTEM

32. Review  What are the 4 principle types of law?  Statutory- written law; set forth by a lawmaking body  Common- established by past precedent, tradition, common sense  Administrative- established by an independent agency  Constitutional- supreme law of the land; established by the constitution

33. The Federal Court System THE SUPREME COURT U.S. COURT OF APPEALS U.S. DISTRICT COURTS 1 2 3

34. U.S. District Courts  Set up by Congress  Federal District Courts  Lowest level of US federal courts  Trial courts for original jurisdiction (no appeals in district courts)  Only federal court in which jury trials are held  94 Total in United States (each state has at least 1) 3 District Courts in PA  *Formal name is “US District Court for…(the Eastern District of PA)

35. Add this to your notes!  Review: what is jurisdiction?  Extent or scope of authority that a court has to hear and decide a case (aka: what cases the court can hear)  The district courts have original jurisdiction over:  Civil actions arising under Constitution  Civil actions between citizens of different states  Criminal prosecutions brought by the US  Civil actions in which the US is a party

36. District Judges  Federal District Judges are appointed by the President and get approved by Senate  Can only be removed via impeachment by Congress  Trial judges that oversee civil and criminal trials  Apply the law to the facts of the case  Can be with or without juries  Decides punishment in criminal cases

37. US District Judge for the Eastern District of PA  Includes Chester County  Petrese B. Tucker  Nominated by President Clinton in 1999 and confirmed by the Senate

38. U.S. Court of Appeals  Losing party in district court has right to appeal  US Court of Appeals reviews decision by lower courts (Appellate Jurisdiction)  12 Judicial Circuits  PA in judicial circuit 3, along with New Jersey & Delaware  Each court of appeals will have anywhere from 6 to 28 judges  Longest serving member under 65 years of age is the senior judge

39. U.S. Courts of Appeals Which circuit is the largest? The smallest?

40. Process of Court of Appeals  Losing party appeals  Panel of at least 3 judges examines records of district court and hears arguments from both sides  Do not decide guilt, but rather if the trial was fair and law was properly interpreted  Majority vote for decision  May be sent back to new trial in district court (remand) or uphold the court’s decisions  This may get appealed again to the Supreme Court

43. Check Yourself: Trial Court or Court of Appeals?  Jury  Oral argument  Affirm, reverse, remand  Testimony  Evidence  Panel Review APPEAL TRIAL APPEAL TRIAL APPEAL

44. The Supreme Court  Highest court of the United States  Consists of nine justices, appointed for life  Chief Justice is the principal judge on the case Today: John Roberts  Reviews cases that have been tried in lower federal courts and in state courts most of the time  3 Exceptions for SC original jurisdiction 1. Diplomats from other countries 2. Cases between states 3. State v. Federal Gov’t cases

45. Supreme Court Justices: Qualifications  What qualities should a Supreme Court justice have?  Which do you believe are required by the constitution?

46. Qualifications  No Special Requirements  None granted by constitution  President usually considers recommendation and evaluation of the American Bar Association’s (ABA’s) Standing Committee. They list the following suggestions:  Member in good standing in the state bar for at least 5 years  Practicing trial attorney and/or trial judge for at least 12 years  Competent citizen of good character, integrity, reason, intelligence, and judgment  Distinguished accomplishments  Required to be a legal scholar

47. Qualifications  Appointed by President, approval by Senate  Appointed for life  Removal by resignation, death, or impeachment only

48. Supreme Court Justices: Age  No minimum or maximum age  Most nominees are under age 60. Why?  Most are in their 40s or 50s when appointed  Youngest justice appointed was Joseph Story at age 32 in 1812  Oldest justice appointed with Charles Evan Hughes at age 67 in 1930

49. Supreme Court Justices: Gender  To date, there have been 112 justices (including 17 Chief Justices)  108 have been men; 4 have been women

50. Supreme Court Justices: Number  Review: how many justices are on the Supreme Court? 99  Constitution doesn’t require a maximum/minimum  Judiciary Act of 1789 set the number at 6  Congress raised it to 9 in 1837  Which president bumped the number to 12 with his court packing plan?  FDR- wanted 15 justices  Congress said no

51. Sonia Sotomayor Obama, 2009 Stephen Breyer Clinton, 1994 Samuel Anthony Alito Jr W. Bush, 2006 Elena Kagan Obama, 2010 Ruth Bader Ginsburg Clinton, 1993 Anthony Kennedy Reagan, 1988 John Roberts W. Bush, 2005 Antonin Scalia Reagan, 1986 Clarence Thomas Bush, 1991

52. Discussion Questions (this is on the next page in your packet)  Do you think we should set qualifications for Supreme Court Justices? Why or why not?  Should Supreme Court Justices be appointed for life? Why or why not?

53. Wednesday 2/25  Writing Center  You will be gathering information on the Supreme Court justices and filling in the graphic organizer  This will be checked Thursday in class  Other option: work on Supreme Court case project  Due Friday  One page- be creative!  Tomorrow: Head straight to the library classroom!

54. Thursday 2/26  Find a current event (must be from 2015) on one of the following topics:  ISIS  Immigration Act  Russia v. Ukraine  Form is on my webpage  **writing discussion questions  Be prepared to discuss this in class tomorrow  Due FRIDAY  Reminder: Supreme Court Case project due tomorrow as well

55. Friday 2/27  Looking ahead…Chapter 7 test on 3/6 or 3/9  Next step in research project  Due Friday 3/6

56. Next Step in Research Project  Check-in on Friday 3/6 “The check-in will utilize a submission of your research to date. This check-in is merely a way for us to ensure good research techniques are being used throughout the process. This check-in will include a preview of your annotated bibliography and fact sheet on governmental actions. Insufficient progress may require an additional submission.”

57. Annotated Bibliography  When you hand in the final bibliography, you should have at least 8 sources, including 2 that outline opposing views to your stance. You should have multiple sources that focus on each branch of government, other actors (NGOs, special interest groups), and public opinion on the issue.  Must use MLA format and each annotation should include a paraphrased summary and analysis between 100-150 words

58. Fact Sheet  Can be a written paper, brochure, or informational packet  Must include all branches of government, special interest groups, and public opinion  Must include at least 3 supporting graphics that can be used as visuals during your final presentation  If you opt to write a paper, the expected length is 3 pages (not including graphics)  A brochure or packet would have equivalent amount of information to the 3 page paper

59. The Justices  Discussion of SC Justices  What were you surprised to learn?  What stood out to you?  What similarities existed between the justices?  What differences existed between the justices?

60. Justice Ginsburg

61. Justice Scalia

62.  Current Event discussion  ISIS  Immigration Act  Russia v. Ukraine

63. Monday 3/2  If you didn't hand in your Supreme Court Case project sheet or current event- do so ASAP  Outline for the week:  Monday- Continue with 7.2  Tuesday- Finish 7.2  Wednesday/Thursday- Work on test review and work on research project check-in  Friday- Research project check in due; Chapter 7 test review  Monday- Chapter 7 Test

64. Next Step in Research Project  Check-in on Friday 3/6 “The check-in will utilize a submission of your research to date. This check-in is merely a way for us to ensure good research techniques are being used throughout the process. This check-in will include a preview of your annotated bibliography and fact sheet on governmental actions. Insufficient progress may require an additional submission.”

65. Annotated Bibliography  When you hand in the final bibliography, you should have at least 8 sources, including 2 that outline opposing views to your stance. You should have multiple sources that focus on each branch of government, other actors (NGOs, special interest groups), and public opinion on the issue.  Must use MLA format and each annotation should include a paraphrased summary and analysis between 100-150 words

66. Fact Sheet  Can be a written paper, brochure, or informational packet  Must include all branches of government, special interest groups, and public opinion  Must include at least 3 supporting graphics that can be used as visuals during your final presentation  If you opt to write a paper, the expected length is 3 pages (not including graphics)  A brochure or packet would have equivalent amount of information to the 3 page paper

67. Review from last week  How many Supreme Court justices are there?  How many women are currently on the Supreme Court? Name them.  What are the constitutional requirements to be a Supreme Court justice?  What is original jurisdiction?  What is appellate jurisdiction?  Name one instance in which the Supreme Court has original jurisdiction 9 1.Diplomats from other countries ​ 2.Cases between states ​ 3.State v. Federal Gov’t cases 3- Ginsburg, Sotomayor, Kagan None Reviewing a case for the first time Reviewing a case that has been repealed

68. Judicial Review  Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution  How did they get this power?  John Marshall in the case of Marbury v. Madison Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny appointment Marbury claims Judiciary Act of 1789 gives court power to order Madison to fulfill appointment Marshall says it was not granted by Constitution—declares act of Congress unconstitutional

69. Judicial Review activity  As a class, we will read Marbury v. Madison (1803)  Then, in small groups, complete the activity on the back page

70. Questions  Do you think we should set qualifications for Supreme Court Justices? Why or why not?  Should Supreme Court Justices be appointed for life? Why or why not?  When deciding cases, how should the Constitution be interpreted?  Should it be word-for-word as written or interpreted for meaning (including modern times)?

71. Review from yesterday - 7.2 Judicial Review  Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution  How did they get this power?  John Marshall in the case of Marbury v. Madison Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny appointment Marbury claims Judiciary Act of 1789 gives court power to order Madison to fulfill appointment Marshall says it was not granted by Constitution—declares act of Congress unconstitutional

72. Interpreting the Constitution: Handout 2  Originalism- Scalia, Thomas, Alito, Roberts  Views the Constitution’s meaning as fixed as of the time of enactment  A quest to determine the meaning of the phrases, which cannot change except through formal amendment  Living Constitutionalism- Ginsburg, Breyer, Sotomayor, Kagan  Dynamic  Contemporary society should be taken into account when interpreting key constitutional phrases  Swing vote: Kennedy- tends to be more conservative  Sandra Day O' Connor was left leaning but also a swing vote in many cases

73. Interpreting the Constitution  CSPAN video  Justice Scalia is considered an originalist  Justice Breyer is considered a living constitutionalist  Fill out the viewing guide as you watch :  Justice Scalia will begin by talking about who he’s thinking of when he reads “We, the People” in the Constitution, and what those people thought about the death penalty.  Justice Breyer will talk about how the Constitution must last indefinitely. He will list six things judges look at in difficult cases. Write them down in the chart. He will also mention which four of those Justice Scalia prefers to consider. Write them down in the chart.  Both justices will then outline Justice Scalia’s problems with Justice Breyer’s approach. Describe Justice Scalia’s concerns.

74. Which approach is better?  In small groups, work on “Handout 4: Evaluating Opinions”  Determine whether each statement is consistent with the thoughts of an Originalist (O) or a Living Constitutionalist (LC)

75. Pick & Choose Your Case…  Over 7,000 cases are filed each year to the SC  Court takes cases that deal with important constitutional or national questions  Minimum of four justices must vote to hear a particular case  If refused, lower court decision will remain in effect  Remand: return a case to the lower court for a new trial

76. Hearing a Case…  Supreme Court hears cases by oral arguments  Each side given equal time  Justices will then read written arguments and consider arguments said in court  Eventually, they will take a vote and a simple majority wins  After all of this, the Court will share the opinion  Reasoning used to come to that decision

77. Most Common Types of Opinions  Court’s Opinion (Majority Opinion)  Written by senior member in majority or Chief Justice (could assign to someone else if they choose)  Details reasoning for decision  Concurring Opinion  Agrees with decision, but not the reasoning behind it  Dissenting Opinion  Explains why the justices in the majority opinion are wrong  Has zero effect on law, but is important if case gets review later

78. Checks and Balances Revisited  Executive Branch  Appoints Federal Judges  Legislative Branch  Senate confirmation  Rewriting of “unconstitutional” laws  Amend the Constitution

79. How the Court Changes Over Time  Civil Rights and Segregation  Scott v. Sandford (1857) Slaves were not US citizens (they were property), thus they cannot sue  Plessy v. Ferguson (1896) “Separate but equal” doctrine  Brown v. Board of Education (1954) Segregated schools were not equal—reversed Plessy ruling

80. Remainder of Class  Chapter 7 Review Sheet  Test Monday  If there isn’t school tomorrow…test will be on Tuesday (we will review Monday)  Work in writing center on annotated bibliography and fact sheet- due Friday (or the next time we meet in class)

81. Today in class: Monday 3/9  Work through Chapter 7 Review sheet  Gather any questions you have- bring these tomorrow for a review  Writing Center  Work on the annotated bibliography and fact sheet  Due tomorrow!  Make sure to be original- no copying and pasting without citing sources  Update: Chapter 7 test on Wednesday (multiple choice, short answer)

82. Tuesday 3/10  Court Case Scenarios  Review questions for Chapter 7 Test on WEDNESDAY

83. Tough Decisions to Make  Many schools passed laws requiring children to salute the American flag in schools each day. Many organizations supported this patriotic measure, while many others opposed. One such group was the Jehovah’s Witnesses who believe that biblical prohibition of worshipping images forbids them from saluting the flag. With schools requiring the salute, a parent of two Jehovah’s Witnesses challenged the law in court.  How should the court rule? Explain.

84. Tough Decisions to Make  A group decides to picket a funeral of a deceased soldier killed in military service. They say that “God kills American Soldiers because of America’s tolerance of homosexuality”. They picket on public property, maintaining a distance away from the cemetery, but close enough to be seen by those going to and from the service. They wave signs such as “Thank God for Dead Soldiers”, “Thank God for 9/11”, “God Hates the United States”, “You’re Going to Hell”, and others that speak negatively of the current state of the nation.  How should the court rule? Explain.

85. Tough Decisions to Make  While gathering evidence for the prosecution of a suspect, the FBI bugs a telephone booth by attaching a microphone and tape recorder to the outside of the booth knowing the suspect will use a private number instead of his own for illicit activities. The FBI did not have a warrant and the information obtained in the search is to be used in courts. The defendant argues this constitutes an illegal search since it is a public telephone and violates his right to privacy.  How should the court rule? Explain.

86. Tough Decisions to Make  The Amish community often consists of close-knit families where religion is a keystone to their daily lives and their culture differs greatly from “traditional American” culture. One part of the difference is that the Amish only believe in educating their children until 8 th grade and exclusively in Amish schools. Many states, such as Pennsylvania, require students to attend high school until at least 16 years old. The Amish population believes public high schools may threaten the beliefs of their youth, so they openly keep them out of school in violation of the law. Can the Amish legally opt to not have their youth be educated past 8 th grade?  How should the courts rule? Explain.

87. Tough Decisions to Make A student gives this speech to the student body to nominate his friend for class officer: I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come [long pause] between us and the best our school can be. He is firm enough to give it everything. The school suspends the student and bars him from speaking at graduation and other school functions. Is this a violation of his rights? How should the courts rule? Explain.