Unit 2: The US Constitution CE Notes 43: The Judicial Branch

Transcription

1 Unit 2: The US Constitution CE Notes 43: The Judicial Branch SWBAT (Students Will Be Able To ) Understand the qualifications for being a Supreme Court Justice Understand the organization and structure of the judicial branch Understand the roles and responsibilities of the judicial branch

2 C. Judicial (Supreme Court) 1. Description A. Qualifications i. No particular qualifications are stated in the Constitution. Presidential appointment and Senate approval is all that is constitutionally required. B. How to become Justice & term of office i. President appoints Supreme Court Justices, has to be approved by 2/3 of the senate (Article 2 Section 2). ii. They can serve for life unless they are impeached (Article 3 Section 2).

3 C. Judicial (Continued) 2. Duties and privileges A. Original jurisdiction i. In laws that have to do with constitution, in cases that affect treason against the United States, ambassadors and other public ministers and consuls, maritime jurisdiction, and controversies between 2 or more states (Article 3 Section 2). B. Appellate jurisdiction i. Appeal process. Cases that have been heard in lower courts and appealed go to supreme court.

4 3. Checks: C. Judicial (Continued) A. Over legislative branch i. Supreme Court judges cases that Congress has passed when those laws may affect the rights of citizens under the Constitution. (Article 3, Section 2) JUDICIAL B. Over executive branch i. Supreme Court hears cases affecting Ambassadors, public ministers and counsels (positions appointed by the President). Article 3, Section 2. (This is not a strong check over the President, but does provide some oversight.) i. Judicial Review is used to check executive actions as well as legislative.

5 There are judges on the Supreme Court. At the end of a case the judges can either concur (agree) with the majority opinion, or (disagree). Dissenting opinions can provide a foundation for a case on a same issue.

6 Federal Court System US Supreme Court US Court of Appeals US District Court

7 CE Notes Supreme Court Cases that Changed America Some define where America was or is. Some mark amazing turning points in America s political history. All have added to the meaning and clarity of the US Constitution and the rights of Americans.

8 Spotlight on the 14th Amendment Key Parts of the 14th Amendment: 1. Equal Protection: all laws in the US must be applied the same way for everyone. You cannot have a law that says only men can drive. 2. Due Process: all people are treated the same way in the legal system. 3. Applies the Bill of Rights to the states States attempted to avoid having to follow the Bill of Rights, especially when it came to the rights of the accused (4 th, 5 th, 6 th, 7th, 8 th Amendments). The 14 th reminds the states that they MUST follow the Constitution and all its Amendments. The laws must be applied equally across the country.

9 Notes 48 CASE DATE KEY TERM DESCRIPTION MAJOR OUTCOME Marbury v. Madison McCulloch v. Maryland Gibbons v. Ogden Plessy v. Ferguson 1803 Judicial Review Supreme Court has the right to review acts of the other branches 1819 Federal Gov is more powerful than states 1824 Interstate commerce 1896 Separate but Equal Maryland sues to get a fed bank to pay taxes Fed gov will regulate business between states Plessy sues to be allowed to sit on the train in the white section Judicial review States Can t tax fed. gov Fed gov regulates Interstate commerce Says segregation does NOT break 14 th A.

10 CASE DATE KEY TERM DESCRIPTION MAJOR OUTCOME Brown v. Board of Ed. The Heart of Atlanta v. US Swann v. Charlotte Korematsu v. US 1954 Ends Segregation in schools Brown family sues to have daughter go to white school 1964 No Segregation Hotel refuses to allow blacks to stay. Violates 1964 Civ. Rts. Act which ended segregation under the 14 th Amendment Integration of NC schools using busing Power to fed. Gov over individuals during wartime Charlotte schools are told they must integrate according to Brown. Japanese Americans put in camps during WWII sue for a violation of 5 th /14 th Amendment Overturns Plessy & Ends segregation in schools Upholds 1964 Civil Rights Act Upholds Brown & NC schools must integrate Time of War federal gov can restrict individual rights

11 Segregation in the US before BROWN

12 Integration of Schools Little Rock 9

13 Little Rock 9-Arkansas Integration after Brown

14 President Eisenhower deploys the 101 st Airborne to escort students to school

15 CASE DATE KEY TERM DESCRIPTION MAJOR OUTCOME Texas v. Johnson Engel v. Vitale 1989 Flag burning/ Freedom of speech 1962 No prayer in schools Mapp v. Ohio 1961 Search & seizure Gideon v. Wainwright 1963 Attorneys for All! Johnson arrested for burning the Flag, court decides it s Freedom of Speech Court banned prayer in public schools. Court used the Establish. Clause. Sep of church and state. Any evidence obtained illegally w/out warrant can t be used in court Right to legal representation for all those accused of crimes (6th Amendment) Flag burning is protected by the 1st Amendment Prayer in schools violates 1st Amendment Protects 4th Amendment right against illegal search Attorneys for all, even if you re too poor.

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18 CASE DATE KEY TERM DESCRIPTION MAJOR OUTCOME Miranda v. Arizona Furman v. Georgia Gregg v. Georgia Tinker v. Des Moines School District 1966 Miranda rights: When arrested suspects must be informed of their legal rights Death penalty is cruel and unusual 1976 Death penalty is legal again 1969 Symbolic Speech for students Furman convicted of murder, sentenced to Death. Court overturns based on the 8th Amendment. Court decides death penalty is not Cruel and unusual, as long as it is done a certain way and for certain crimes. High school students, Tinkers, were suspended for wearing black armbands to school protesting Vietnam 6th Amendment rights must be read Death penalty violates 8th Amendment Death penalty is used again in the US. Students have free speech under 1st Amendment.

19 Tinker = Free symbolic speech for students

20 CASE DATE KEY TERM DESCRIPTION MAJOR OUTCOME New Jersey v. T.L.O. Bethel School District v. Frazier Hazelwood v. Kuhlmeier University of California v. Bakke 1985 Principals can search in schools 1986 Limited student free speech 1988 Schools can censor student speech 1978 Affirmative Action A high school student gets caught smoking cigarettes, principal searches and finds evidence of drug dealing in her purse. Frazier makes inappropriate speech & can t graduate. Court supports School district. Newspaper article about student pregnancy pulled out by principal. White male sues UC Med school for admission. School is allowed to help minorities get in. Search is upheld b/c state s are responsible for education Student speech can be limited in pub. schools Schools allowed to censor speech in newspapers Court allows affirmative action, as part of 14th Amendment

21 CASE DATE KEY TERM DESCRIPTION MAJOR OUTCOME US v. Nixon 1974 Limits the president s power. Pres. Nixon had been secretly taping conversations in the Oval Office. When he was being investigated for Watergate he refused to turn over the tapes. Court rules that Nixon MUST turn over the tapes.

22 Selective Highlighting 1. Highlight each case that strengthened the power of the federal gov t. 2. Highlight all of the cases that dealt with segregation. 3. Circle the name of the case that said segregation should be allowed in America. 4. Put a box around the name of the case that FIRST ended segregation in America. 5. Highlight all the cases which dealt with freedom of speech ( Amendment) 6. Highlight all of the cases which concern the rights of those accused of crimes. 7. Put an asterisk next to all the cases that are about the rights of students.

23 Flash Cards 1. Make flash cards of each case: a) Put the name of the court case on one side b) Put the major outcome at the top of the back side c) Put the story at the bottom of the back side 2. On the front where the name of the case is, you may draw a picture or symbol that may help you remember the case. 3. Each card is worth 5 points: a) 105 possible pts b) If you add pictures, you may add as much as 5 total points extra to your overall grade for the assignment.

24 Practice Choose a partner to work with Spend five minutes calling cases out to your partner Switch for the next five minutes and let partner call cases out to you.

25 PIT 51: Meet & Greet! 1. Stand up and find a different partner 2. Pick one person to be A and one person to be B 3. You will have the following discussion with your partner.

26 PIT 51: Meet & Greet! A) Choose a case: B) Tell what happened in this case (tell the story!) A)Tell what the major outcome of this case was. What did this case change about life in America? Why this case is important? B)Tell whether you agree or disagree with the court s decision? Explain your decision. Now switch roles and repeat for a different case.