5. SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION

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1 Civil Liberties and Civil Rights Chapters Chapter 18: Federal Court System 1. Section 1 National Judiciary 1. Supreme Court highest court in the land 2. Inferior (lower) courts: i. District Court ii. Appeals Court iii. Federal Court of Appeals for circuit court iv. US Court of International Trade 3. Special Courts i. ie, US tax court 4. Jurisdiction i. Exclusive only those courts can hear those cases ii. Concurrent shared, either federal or state iii. Original 1 st hears case iv. Appellate upholds, overrules or modifies original court s decision 5. SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION 2. Section 2 Inferior Courts 1. lower courts (see above) i. civil case noncriminal, usually between two parties ii. criminal case action is against the law, case is brought by prosecutor 3. Section 3 Supreme Court 1. Judicial Review 1. to decide constitutionality of an act of government (law, actions by President) 2. Marbury v. Madison Supreme Court case establishing Judicial Review said that: a. Constitution is Supreme Law of the Land b. All laws are subordinate and cannot conflict c. Judges must enforce Constitution 2. Supreme Court s jurisdiction i. Original: dealing with cases involving a state or ambassadors ii. Appellate: majority of cases heard by Supreme Court iii. There are nine Supreme Court Justices 1. John Roberts, Chief Justice 3. How a case goes before the Supreme Court i. Cases appeal from other courts and 4 of 9 judges must agree to hear it. Over 8000 submitted to the court, 200 or so heard. ii. Oral Arguments: both sides present their cases to the court. It is not a debate and each side has 30 minutes to present iii. Briefs: written documents given before oral arguments with detailed information. 1. amicus briefs are friends interested in the outcome of the case, such as the NAACP for cases involving racism. iv. Opinion by judges 1. majority opinion 2. minority opinion (dissenting, people who didn t agree with other judges) 1

2 Chapter 19 Civil Liberties: First Amendment Freedoms Freedom of Religion o Establishment Clause o Free Exercise Clause o Religion and Education Lemon Test Freedom of Speech and Press o Libel/Slander o Seditious Speech o Obscenity o Media o Symbolic Speech Flag burning o Commercial Speech Freedom of Assembly and Petition o Time-Place-Manner regulations: CONTENT NEUTRAL o Private Property rules o Freedom of Association Chapter 20 Protecting Individual Rights Due Process of Law o 5 th and 14 th Amendments: government cannot deprive a person of life liberty or property without due process of law in whatever it does, government must act fairly and in accord with established rules. It may not act unfairly, arbitrarily, capriciously or unreasonably. o Police Power Authority of each state to act to protect and promote the public health, safety, morals and general welfare Balance with civil rights protections Warrants o Right to Privacy guaranteed through due process The right to be free, except in very limited circumstances, from unwanted governmental intrusions into one s privacy. Roe v Wade and other reproductive rights cases Freedom and Security of the Person o 13 th Amendment involuntary servitude and slavery - draft/imprisonment don t count o 2 nd Amendment states can limit rights to keep and bear arms o 4 th Amendment search warrants must have probable cause reasonable suspicion of a crime arrests must have probable cause automobiles can search, even closed containers, if car lawfully stopped exclusionary rule: evidence gained as a result of an illegal act by police cannot be used 2

3 Rights of the Accused o Habeas corpus: prisoner must be brought before the court and the officer must show a good reason why the prisoner can t be released Suspended during Civil War o Ex post facto laws: law passed after the fact can t be used Is a criminal law, defining a crime or outlining punishment Applies to an act committed before its passage Works to the disadvantage of the accused o 5 th Amendment: Grand Jury where a person is charged with a crime Indictment formal complaint of the crime Double jeopardy if a person has been tried for a crime, can t be tried again self-incrimination person can plead the 5 th in any case where a person is legally compelled to answer a question o can t apply to anyone else you can t refuse to tell on someone o doesn t apply to fingerprinting, photographing, writing sample or in a lineup, but DOES apply to submitting to a blood test o 6 th Amendment: Speedy and public trial What s a delay? Federal law says trial must begin within 100 days of arrest But can t be too speedy or too public Trial by jury specific guidelines for makeup of jury defendant can waive right to a jury trial right to an adequate defense defendant has right to be informed of the nature and cause of the accusation to be confronted with witnesses against him and question in open court be able to have favorable witnesses testify to have the assistance of counsel (an attorney) for his defense Punishment o 8 th Amendment no excessive bail cruel and unusual punishment to prevent torture but does not unconstitutional to have death penalty o Capital punishment death penalty Some states specify which crimes have mandatory death penalty: cop killing, rape and murder Other states: two-part system Trial for guilt or innocence Second trial to decide if should have death penalty o Treason: crimes against the government: only crime defined in Constitution Levying war against the United States Adhering to their enemies, giving them aid and comfort 3

4 9 th Amendment Unenumerated Rights o Just because rights are listed in the Constitution doesn t mean those are the ONLY rights we have Chapter 21 Civil Rights Diversity and Discrimination o African-Americans o Native-Americans o Hispanic-Americans o Asian-Americans o Women also experience discrimination Equality before the Law o 14 th Amendment EQUAL PROTECTION CLAUSE 1868 government can classify as long as it s REASONABLE (criminals) but many states passed segregation laws many laws overturned by the Supreme Court, including its own past decisions in 1950 s-60 s. Strict scrutiny test: government must show compelling governmental interest that justifies the distinctions. o Segregation in America: Jim Crow laws (laws that segregate based on race) Plessy v Ferguson 1896 (separate but equal) Brown v Board of Education 1954 o Segregation by Sex Women considered weaker, not covered by the 14 th Amendment 1971 first sex-based classification to be unconstitutional Federal Civil Rights Laws o Civil Rights Act of 1964 No person may be denied access to or refused service in various public accommodations because of race, color, religion or national origin (Title II) Prohibit discrimination against any person on grounds of race, color, religion, national origin, sex or physical disability in any program that receives any federal funding; require the cut-off of any federal funds to any program that practices such discrimination (Title VI) Forbid employers and labor unions to discriminate against any person on grounds of race, color, religion, sex, physical disability or age in job-related matters (Title VII) o Civil Rights Act of 1968 open housing act o Affirmative Action: policy requiring most employers to take positive steps to remedy the effects of past discriminations o Reverse Discrimination UC Regents v Bakke 1978 Grutter v Bollinger 4

5 American Citizenship o All persons born or naturalized Jus soli (law of the soil- where one is born) Just sanguinis (law of the blood parents are citizens) Naturalization: process by which a person becomes a citizen of another country 5

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