Cons%tu%onal Principles. Judicial review

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Raymond Patterson
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1 The Judicial Branch The judicial Power of the United States shall; be vested in one supreme Court, and in such inferior Courts as the Congress may ordain and establish. -Ar%cle III, Sec%on 1

2 Judicial review Cons%tu%onal Principles The power of the courts to determine the cons%tu%onality of the acts of government makes the Supreme Court the final authority on the meaning of the Cons%tu%on. Limited Government The principle of limited government is ofen called cons%tu%onalism the insistence that the government must be conducted according to the cons%tu%onal principles, that the government itself must obey the law. he courts are the chief defender. Checks and Balances The Cons%tu%on guarantees the independence of the federal judiciary.

3 The Judicial Branch The Supreme Court of the United States is composed of 9 jus%ces, who are appointed by THE PRESIDENT and confirmed by THE SENATE. The jus%ces serve for LIFE. This last fact is a CHECK on the power of the EXECUTIVE and the LEGISLATIVE BRANCHES. This branch of the government is called the JUDICIAL BRANCH.

The lead justice of the Supreme Court is called the CHIEF Justice, and his name is JOHN ROBERTS; therefore the Supreme Court is now known as the ROBERTS Court.

4 The lead justice of the Supreme Court is called the CHIEF Justice, and his name is JOHN ROBERTS; therefore the Supreme Court is now known as the ROBERTS Court. Top Row: Sonia Sotomayo, Stephen Breyer, Samuel Alito, Jr., Elena Kagan Seated: Clarence Thomas, Antonin Scalia, John Roberts, Jr., Anthony Kennedy, Ruth Ginsberg

5 Organization and Structure C. According to Ar%cle III: 1. Congress can create inferior courts 2. Judges serve during good behavior 3. Judges receive compensa%on not diminished during office (2010- CJ= $223,500 /AJ $213,900) 4. Jurisdic%on is: any case that arises under this Cons%tu%on laws and trea%es Congress can impeach D. According to 11 th Amendment: A ci%zen of one state cannot sue another state in federal court E. According to Fed 78: judiciary is least dangerous ; has neither force nor will but judgment.

7 Judicial Selection A. Ideological Legacy 1. Supreme Court not above poli%cs presidents nominate their own ideology to the courts

8 Steps in Nominating Process Step 1: Presiden%al Selec%on (& Inves%ga%on) 1. FBI Background checks for illegal ac%vity 2. ABA (American Bar Associa%on s Standing Commijee on the Federal Judiciary) asked to rate candidates for qualifica%ons 3. Interest Groups 1. Lobbying, usually against nominee 2. Bork (1987) and Thomas (1991) Step 2: Senate Judiciary Commijee Public hearings 1. Senate Judiciary Commijee does further inves%ga%ons and hearings 2. Nominee is scru%nized; usually avoids answering ques%ons 3. Commijee gives recommenda%on to full Senate Step 3: Senate Vote 1. Majority Leader decided to bring to floor and discuss 2. Usually Senate confirms Supreme Court nominees

10 Judicial Review Judicial review refers to the power of a court to determine the cons%tu%onality of a government ac%on. The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803). The Courts decision laid the founda%on for its involvement in the development of the American system of government.

11 Supreme Court Jurisdiction The Supreme Court has both original and appellate jurisdic%on. The Court has original jurisdic%on over cases involving two or more States and all cases brought against ambassadors or other public ministers. Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdic%on per year.

12 How Cases Reach the Supreme Court For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court s docket. Writ of Certiorari Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Certificate Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.

13 Appealing a Case to the Supreme Court

14 How does a case get to the Supreme Court on appeal? Writ of cer%orari made more certain, granted based on rule of four The appeal is heard based on five criteria: 1. If a court has made a decision that conflicts with precedent 2. If a court has come up with a new ques%on. 3. If one court of appeals has made a decision that conflicts with another. 4. If there are inconsistencies between courts of different states. 5. If there is a split decision in the court of appeals

15 Freedom of Speech Hustler Magazine v. Falwell Facts of the Case A lead story in the November 1983 issue of Hustler Magazine featured a "parody" of an adver%sement, modeled afer an actual ad campaign, claiming that Falwell, a Fundamentalist minister and poli%cal leader, had a drunken incestuous rela%onship with his mother in an outhouse. Falwell sued to recover damages for libel, invasion of privacy, and inten%onal inflic%on of emo%onal distress. Falwell won a jury verdict on the emo%onal distress claim and was awarded a total of $150,000 in damages. Hustler Magazine appealed. Ques%on Does the First Amendment's freedom of speech protec%on extend to the making of patently offensive statements about public figures, resul%ng perhaps in their suffering emo%onal distress?

16 Conclusion Yes. In a unanimous opinion the Court held that public figures, such as Jerry Falwell, may not recover for the inten%onal inflic%on of emo%onal distress without showing that the offending publica%on contained a false statement of fact which was made with "actual malice." The Court added that the interest of protec%ng free speech, under the First Amendment, surpassed the state's interest in protec%ng public figures from patently offensive speech, so long as such speech could not reasonably be construed to state actual facts about its subject.

17 A Commitment to Freedom The lis%ng of the general rights of the people can be found in the first ten amendments in the Cons%tu%on, also known as the Bill of Rights. The 13th and 14th amendments have also added to the Cons%tu%on s guarantees of personal freedom. In general, civil liberties are protections against government. They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government. The term civil rights is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.

18 Freedom of Expression Two guarantees of religious freedom: Establishment Clause Guards against establishing a mandated religion. In effect, freedom from religion Free Exercise Clause Guards against the government interfering in the exercise of any religion. In effect, freedom for religion.

19 Separation of Church and State A wall of separation? Church and government are cons%tu%onally separated from one another. However, the government supports churches and religion in a variety of ways, including tax exemption.

20 The Free Exchange of Ideas Freedom of Speech and Freedom of Press guarantees are meant to: Protect each person s right of free expression, whether spoken, wrijen, or communicated in any other way. Protect all persons right to a complete discussion of public affairs. Freedom of Speech and Press do not protect: Libel, the false and malicious use of wrijen words Slander, the false and malicious use spoken words Obscenity Words that incite others to commit crimes Sedition is the crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts. Seditious speech is speech that urges such conduct.

21 Library inves%ga%on of The Supreme Court

INTRO TO POLI SCI 11/30/15

INTRO TO POLI SCI 11/30/15 Objective: SWBAT describe the type of court system in the US and how the Supreme Court works. Agenda: Turn in Late Work Judicial Branch Notes When your friend asks to borrow