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Understanding the Law: Legislative, Executive, and Judicial Branches

Explore the roles and powers of the Legislative, Executive, and Judicial Branches of the United States government and understand how they shape and interpret the law. Learn about important court cases, constitutional rights, court jargon, and different types of judges.

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Understanding the Law: Legislative, Executive, and Judicial Branches

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  1. LEGISLATIVE BRANCH ______s the law • EXECUTIVE BRANCH ______s the law

  2. JUDICIAL BRANCH ________________s the law

  3. Top row (l to r) –____________ (Obama), ___________(Clinton), ____________ (Bush), _______________(Obama) Bottom (l to r) – _____________ (H.W Bush), ___________ (H.W.), ___________ **(Bush), _________ (Reagan), ____________(Clinton) THE SUPREME COURT OF THE UNITED STATES (SCOTUS)

  4. SUPREMACY CLAUSE • Can a state government give you MORE rights than your federal government? Can they give you LESS? The Supremacy Clause states that the Constitution is the _______________ law of the land • _______ law can NOT violate _______ law • States can give you ______ rights but not ______ rights, as long as it does not violate the __________. Ex. – School Drug Testing, Equal Rights, Clean Air Act

  5. APPLYING COURT JARGON… • Civil vs. Criminal • Plaintiff vs. Defendant • Petitioner vs. Respondent • State vs. Federal jurisdiction

  6. “Strict Interpretations” “Judicial Restraint” – only judge based on what the _____says (word of the _______) a ___________ court’s judgment holds a heavy influence Acting as an “UMPIRE / REF” “Loose Interpretations” “Romantic Judges” – judge with incorporating feelings, public opinion, and possible _______________ of the law (__________ of the law) Legislating from the Bench – a loose interpretation can make a __________ in the law OR new law Acting as a “COMMISSIONER” TYPES OF JUDGMENTS

  7. Dred Scott v. Sanford “When a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under the government of individual men, who for the time being have power to declare what the Constitution is according to their own views of what it ought to mean.” Roe v. Wade The Court held that a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling. TYPES OF JUDGES

  8. SUPREME COURT PRECEDENTS WHICH DEFINE OUR RIGHTS Marbury v. Madison (1803)– (Facts) Court Decision – Precedent – Judicial Review (explain) Strict or loose? (explain)

  9. ‘Congress shall make no…abridging the freedom of speech.’ – 1st Amendment Schenck vs. US (1919) – (Facts) Court Decision & Judicial Reasoning Precedent- The meaning of Clear & Present Danger Strict or Loose (explain)

  10. “…NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF LAWS.” – 14TH AMENDMENT BROWN V. BOARD OF EDUCATION OF TOPEKA, KS (1954) - *Arguably the most impactful court decision on your life” (Facts) - Court Decision & Judicial Reasoning - ‘separate is inherently unequal’- what does this mean and why is the word ‘inherent’ so important? Precedent – the de ___________ of public schools (explain) Strict or Loose? (explain)

  11. DID YOU KNOW??..... • PRECEDENT - Plessy vs. Ferguson (1896)– “separate but equal” is constitutional • Segregated schools existed everywhere…why did the NAACP choose Kansas? • Why was Linda Brown chosen to represent the dozens of minority families who filed suit in Kansas? • How many schools were desegregated after Brown? • 9-0 DECISION…WHY? • BROWN V. BOARD – PART DEUX!!!!

  12. The impact OF BROWN V. BOARD today in EDUCATION • 1.IDEA – Individuals w/ Disabilities in Education Act • 2. TITLE VII – Equal Opportunity as it pertains to race (Affirmative Action) • De facto (by fact) vs. de jure segregation (by law) – the law requires addressing de jure but only recommends handling de facto • 3. TITLE IX – Equal Opportunity in athletics as it pertains to gender

  13. TITLE VII – Affirmative Action

  14. TICKET IN… • Brown v. Board has / has not impacted my experience in school because _____________________________ At least 3 lines

  15. ‘Congress shall make no law establishing religion’ Religion–“Establishment Clause” (Engel v. Vitale, 1961) Court Decision – Precedent – Strict or Loose -

  16. ‘In all criminal prosecutions…to have the assistance of counsel for his defense.’ – Amendment #6 • Rights of the Accused – “Right to Counsel” (Gideon v. Wainwright, 1963) Court Decision Precedent Loose or Strict

  17. ‘In all criminal prosecutions…to have the assistance of counsel for his defense.’ – Amendment #6 • “Miranda Rights” (Miranda v. Arizona, 1966) • Court Decision • Precedent • Loose or Strict

  18. ‘Congress shall make no…abridging the freedom of speech.’ – 1st Amendment Speech in School - “Symbolic Speech” (Tinker v. Des Moines, 1968) Court Decision Precedent Loose or Strict

  19. ‘Congress shall make no…abridging the freedom of speech.’ – 1st Amendment Hazlewood v. Kuhlmeier (1987) Court Decision Precedent Loose or Strict

  20. SOMETHING TO THINK ABOUT: Our courts have generally sided with protection of freedoms over security in the ‘real world’, BUT, security over freedoms in schools…WHY?

  21. REFLECTION… • Most of our historical decisions are _____________ interpretations of the Constitution. Why?

  22. Celebrating the Holidays in Public Schools • Lemon v. Kurtzman (1971) • Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"? • Yes, which created “The Lemon Test”, which means school activities must pass a 3 part test • 1. There must be a secular legislative purpose • 2. The principle effect must be one that neither advances or inhibits religion • 3. It may NOT foster government entanglement w/ religion

  23. DOES IT PASS THE LEMON TEST? A school sponsored play about the birth of Jesus

  24. TICKET OUT… • Taxman or the Board? – YOU CHOOSE! • What is your judicial reasoning? Use text from a previous decision…minimum 3 lines

  25. DOES IT PASS THE LEMON TEST? • A School district forbids choirs to sing any music that is religious in nature

  26. DOES IT PASS THE LEMON TEST? • A school choir concert w/ 8 Christmas songs and 1 Hanukah song

  27. DOES IT PASS THE LEMON TEST? • A teacher displays only a menorah in his classroom

  28. DOES IT PASS THE LEMON TEST? • A teacher displays only a Christmas tree in her classroom

  29. DOES IT PASS THE LEMON TEST? • A teacher’s classroom w/ snowflakes, candles, trees, and Santa Claus

  30. DOES IT PASS THE LEMON TEST? • How do you feel our Court has interpreted “The Establishment Clause” in these cases? • Is the “Lemon Test” a just way to interpret the 1st Amendment? • Are there any controversies or issues pertaining to how Council Rock interprets the “Lemon Test?” • Does the “Lemon Test” pertain to other public institutions and holiday displays?

  31. LEGAL BRIEF Reflect on your work yesterday: 1. What worked? What did you accomplish? 2. What didn’t work or what do I still need to do? 3. I am still unsure about…or a question I have is…

  32. Top row (l to r) –Sotomayor(Obama), Breyer (Clinton), Alito (Bush), Kagan (Obama) Bottom (l to r) – Thomas (H.W Bush), Scalia (H.W.), Roberts **(Bush), Kennedy (Reagan), Ginsburg (Clinton)

  33. SAME SEX MARRIAGE • Hollingsworth v. Perry – Challenging California’s Proposition 8 (Law banning SSM in California) • United States v. Windsor – Challenging DOMA (Defense of Marriage Act – Federal not recognizing SSM)

  34. TICKET IN… Topic – Brown v. Board of Education Choose 1 - “I learned / I realized / I was surprised” At least 3 lines

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