The Judicial Branch: Origins, Jurisdiction, and Supreme Court

1. The judicial branch Unit 7

2. Unit 7, Notes 1 The National judiciary

3. Court origins • Under the Articles of ________________, there was no _________ court system • Laws were _________________ each state • _______________ between states or people from different states were decided in one of those states, and the other state usually ignored the _____________ • _______________ decided we must have a court system in the Constitution • We find the ________________ of our courts in Article _____ of the Constitution

4. dual court system • We have a dual court system- two _________ court systems • a national ___________ and each state has its own court system • ________ courts hear most _________ • _______________ creates the Supreme Court and leaves it to Congress to create the _______ of the national (federal) courts = inferior courts those __________ the Supreme Court

5. Jurisdiction • Federal _________ have jurisdiction (authority to hear a case) • They have _________________ to hear a case because of 2 reasons: • Subject Matter • if it pertains to the _______________ or application of any part of the Constitution • Parties Involved • if the U.S. is ____________ or its offices or agencies, an __________________, or a state is suing another state

6. Types of Jurisdiction • Exclusive jurisdiction = case can _______ be heard in federal courts • ex. Person __________ with a federal crime = tax evasion • Concurrent jurisdiction = cases may be ________ in federal or state courts • ex. __________ involving people from different _______ • Original jurisdiction = ________ which hears the case first • Appellate jurisdiction = court that ________ case on appeal

7. Judicial Restraint and Judicial Activism • The __________ often shape public policy – when they rule they are making “________” • We find judges who either __________ judicial restraint or judicial ____________

8. JUDICIAL RESTRAINT JUDICIAL ACTIVISM Believe that the courts should rule based on how the law is ____________ today and in the current conditions – these __________ tend to make decisions that will have the effect of “________” EX: Roe v. Wade, Brown v. Board of Education • Believe that the _________ should decide cases based on the original intent of the __________________ and on precedent (previous decisions on similar cases) • They do not ____________ judges should make laws

9. Federal Judges • President appoints all ____________ judges – Senate must _____________ • Many times federal judges must interpret a ________ of the Constitution or an act of Congress when deciding a ________ • So they are often deciding on __________ of public policy • EX - ___________ marijuana • Therefore the courts __________ public policy – so a _____________ wants people in the courts who have the same ideals he does

10. Terms • Supreme Court and ____________ federal court judges are appointed for __________ or until they retire or _________ • They may only be removed through __________________ • They are given these _________ for so long so that they can rule _______________ to the Constitution • They don’t have to _________ about job security or being re-elected, so they can decide a case how they really feel

11. The Inferior Courts • _______ states divided into ______ federal judicial districts, each with its own federal court • Each ________ has at least one, some states more than one • Court of Appeals = “_______________” to the Supreme Court • Relieves much of the ____________ of caseload for the SC by ______________ out cases • Appellate Court = a court having ________________ to review cases and issues that were originally tried in lower courts • If you don’t _________ with you ruling you may appeal your case to this court • They will either agree or turn over the ___________ courts __________ and the case may be sent up to the SC

12. The Supreme Court • Only court created in the Constitution = ___________ • Made up of Chief Justice and 8 Associate Justices • Chief Justice _______________ • Highest court in the land – final answer to ____________ of federal law

13. Judicial Review • SC has the power of judicial review = power to decide whether an act of government is _____________________ • Looks at _______________, executive, and judicial acts • Power of judicial review established in Marbury v. Madison • Important because this upheld that the Constitution was the _______________ law of the land and that _____ legislative acts could be above it

14. How Cases Reach the Court • Thousands of cases are _____________ to the SC each year, but they only hear a few ________________ • They select which they will hear according to rule of four • At least __________ of the nine justices must agree that case needs to be _________

15. How the Court Operates • Consider cases on a _________ week cycle • Hear oral arguments for two weeks, then __________ to consider those cases for two weeks • Briefs = written documents ______________ the case; filed before the case is heard • Contains ____________ information about the case and the lower courts decisions • Justices meet in _________________ to consider cases • Chief Justice presides – he speaks first and indicates how he plans to _________, then each associate does the same, in order of seniority • Then they ___________ the ________

16. Opinions of the Court • Majority decision – the ____________ of the court that most __________ vote for, this side wins • Minority decision – the ________ of those who _________ win • Chief Justice ___________ the writing of ______________ • Majority opinion (Court’s Decision) – written by the Chief Justice if he is in the ______________, otherwise he assigns it to someone else • Explain their _____________ and the reasoning behind it

17. Precedent • Sets a precedent – ____________ for other courts to follow when similar cases arise in lower ____________ • A dissenting opinion must also be written by _____________ in the minority – explains their ______________

18. Prominent Members of the SC • John ________ – _______ Supreme Court Chief Justice • John Marshall – longest ___________ chief justice – Almost 35 years • Roger Taney – first ___________________ to serve as chief justice • William Howard Taft – the only ______________ to serve as chief justice • __________________ – the Warren Court • Thurgood Marshall – first ________________________ to serve on the SC • Sandra Day O’Conner – First ____________ on the court

19. Unit 7, Notes 2 Civil Liberties

20. The Unalienable Rights • We have always fought for our “inalienable rights” • The right to __________, liberty, and the pursuit of _______________ • The Constitution didn’t originally contain those rights of the people • Had to be _________ through the __________ of _____________ • Const. guarantees both rights and liberties to American people • There is a _______________ between the two • Civil Rights = ________________ acts of government that help make constitutional guarantees • EX: CR Act of 1965 – helped ________________ the 14th, 15th and 19th Amendments – further demonstrated there should be no ____________________ based on race or gender • Civil Liberties = protections _____________ acts of the government • Guarantees safety of person, _____________, property from the government • EX: gov. can’t __________ free speech

21. Individual Rights • Constitution guarantees ___________ to everyone, but still NO ONE has the right to do whatever they _________ • EX: free speech – Can’t yell _______ in a ____________ theater (Justice Oliver Wendell Holmes) • Sometimes ____________ Conflict = Sheppard v. Maxwell • __________ to a fair trial vs. Freedom of press • SC ruled __________ trial over press

22. Federalism Issue • B of R only ___________ to National Gov. • Does NOT mean states can deny people of these rights • Thanks to the 14th Amendment’s _________________ Clause = “No state shall…deprive any person of life, liberty, or _______________ without the due process of law” • Can’t deny any right that is considered basic or ____________ to the American concept of liberty • But what rights are __________ and essential? Depends on the case • SC has held that most _______________ of the B of R fall under due process, so are covered by 14th Amendment = must _________ to states

23. Federalism Issue, cont. • Use the process of ____________________ • SC has ___________/incorporated B of R guarantees into due process • EX: Gitlow v. New York • SC stated that right to free speech ________ under due process, so the state of NY couldn’t deny people of it • Constitution _____________ many rights, but not all – there is no “_______” • 9th Amendment takes care of the rights not _____________ • Says there are certain rights that are “____________ by the people” • Most often the right to _____________ has fallen under this amendment

24. Religious Freedom • Freedom of _________________ is protected by our 1st Amendment rights • 1st and 14th Amendments set out 2 guarantees for our religious freedom: _______________… • 1. An “___________________ of religion” • (Establishment Clause) • 2. Any interference of the government • in the “free _______________” of religion • (Free Exercise Clause)

25. ESTABLISHMET CLAUSE • Sets up “wall of ________________” between church and state • Prohibits the establishment of a church _______________ supported by the national or state governments • BUT that doesn’t mean they are ___________ separate • Government does many things to encourage religion • EX: Churches do not have to pay _________; many government officials take __________ and swear before God; _____________ of Allegiance

26. Establishment Clause cont. • Meaning of the clause is __________ – we don’t know exactly how high that wall of separation is • Many times very ___________________ • Most cases involving Est. Clause are about religion and __________________ (esp. prayer in schools) • SC has struck down many cases in which ______________ require recitation of prayers

27. Equal Access Act • Equal Access Act – any public high school that received ______________ funds must allow student religious groups to meet on same terms as other ________________ • This is because _________, etc. are voluntary

28. Other Establishment Cases • Religious Displays – SC allowed city in Rhode Island to include Christian _______________ scene as long as non-Christian symbols were _____________

29. Free Exercise Clause • Guarantees that each person has the right to ______________ and believe whatever religion they want • HOWEVER do NOT have the right to violate any ____________, offend public morals, or threaten _________ of community

30. Free Exercise Clause, Cont. • Over years SC has _______________ church practices that involved: • Not allowing children to ________________ • Laws that require _______________ to close on Sundays

31. Freedom and Speech and Press • The guarantee of free speech and press in the 1st Amendment has two purposes… • to guarantee each person the right of free expression in ____________ and ___________ word and other means of communication • guarantee to all persons a full, wide-ranging discussion of ____________ affairs

32. Speech and Press Cont. • Intended to protect the expression of ________________ views • BUT no person has unlimited rights to this (“________” in theater) • Cannot ___________ (false or malicious use of printed word) or ___________ (false or malicious use of spoken word) • Can’t use words to prompt others to ____________ a crime (riot, overthrow gov.)

33. Seditious Speech • Seditious speech – advocating or _____________ conduct that would _______________ the government by force • “__________ and present danger” test – Justice Oliver Wendell Holmes – if speech or press creates a clear and present danger that it may bring about an _________, then Cong. and the ___________ have a right to prevent it

34. Prior Restraint • Constitution allows _________________ to punish acts after they have occurred, but gov. cannot place prior restraint on them • SC says that with free expression, gov. can’t stop something from being ____________, can only censor/punish it afterwards • NY Times v. US – NY times had ____________ of classified _______________ (Pentagon Papers), US Dept. of Defense wanted to stop the newspaper from publishing them • SC said no, they didn’t ________ a clear threat to US security

35. media • News reporters __________ they must have confidentiality to protest their sources in order to protect free _________ • Shield Laws – give that ________________ Radio and TV • Regulated by gov. because they use “___________ property” (airwaves) to present their message • FCC (Federal Communications Commission) ___________ • SC says that the _____________ are a right of the listeners and viewers and not the broadcasters

36. Symbolic Speech • SC believes some conduct is done to express an __________ (symbols, gestures, facial expressions, etc.) • Picketing – _____________ of business by workers on strike – as long as its peaceful its allowed • Tinker v. Des Moines – students wore black armbands to ______________ Vietnam War and were suspended • SC said school was _____________ • Flag Burning – very controversial • SC has twice ruled that this is ____________ speech and is allowed

37. Freedom of Assembly and Petition • Constitution guarantees the right to peaceably assemble and ____________ the government concerning grievances • Protects the right to _________ views on public matters and to influence public policy • Can be through political ___________, interest groups, organizations • Right to bring views to the attention of public officials by means of written _____________, letters, advertisements, ____________, marches, etc.

38. Freedom of Assembly • Government can make and enforce _______________ rules concerning the time, place, and manner of assemblies • EX: SC upheld law that stated groups couldn’t make noise/cause ____________ near a school if it would disrupt regular school activity • But gov. rules must be content neutral – can regulate time/place/manner but cannot regulate on the __________ of what might be said (if neo-Nazis want to march, they can) • Most cases involve public _________________ which usually conflict with the use of public streets or other facilities • SC has upheld laws that require advance notice and ___________ in for demonstrations in public places (if you need streets blocked off etc.)

39. Freedom of Association • Freedom of Association – also considered to be protected by freedom of assembly right to ______________ with any group you wish • NAACP v. Alabama – state law required that NAACP turn over the ______________ of all its members in the state • Refused, so ___________ steeply • SC said AL wrong – there was no reason that the state needed to know who was a ______________

40. Unit 7, Notes 3 Civil Liberties:Protecting Individuals Rights

41. Due Process • There are 2 Due Process ___________ in the Constitution • 5th Amendment – Fed. Gov. can’t ________ person of life, liberty, ___________ without due process of law • 14th Amendment – places those same _____________ on states

42. Due Process • Supreme Court ___________ to give due process an exact _________________ • They find its meaning on a case-by-case _________ • Ultimately means that whatever government does, it must act ____________ and follow established rules • Must be ____________________

43. Police Power • 10th Amendment _____________ powers for the _________ • This includes broad police power • Authority of the state to act to protect and ____________ public health, safety, morals, and general welfare of its ____________ • Many times this ____________ with civil rights • Courts must find balance between needs of ____________ and individual rights • Ex: cops don’t have to have ____________ for drunk drivers • Courts have almost always decided on side of __________ when it comes to this = major public safety • Other examples: states can limit ____________ sales, make pollution laws, ______________ laws, school attendance laws, regulate gambling, etc.

44. Privacy • Due process also includes the right to privacy = “to be free from unwanted ______________ into one’s privacy” • Not specifically mentioned, but we consider it a _________________ right (5th, 14th, and 9th Amendments) • Most controversial __________________ of privacy rights = Roe vs. Wade • SC struck down TX law that made abortion ____________ • 14th Amendment due process = right to privacy for a woman to do what _______ wants with her __________

45. Right to Keep and Bear Arms • 2nd Amendment – controversial because many __________ it should extend to the individuals right to own/carry a gun • SC not clear on this one – usually __________ the rights of _________ to invoke gun control

46. Security of Home and Person • 3rd Amendment = ___________ Troops • Not ______________ today • 4th Amendment = Illegal search and __________ • Designed to _________ use of ___________ warrants

47. Probable cause • Probable Cause – police have no general right to _________ for evidence or seize _____________ or persons • Proper ____________ must be issued by a court – obtained with probable __________ • Reasonable __________________ of a crime • Police don’t always have to have warrant – if evidence is in “___________________”

48. Arrests • Arrests – most take place without a _______________, but still must have ________________ cause • Police have right to search any area where person may ____________ a weapon • Courts have had trouble applying 4th amendment to cars = but because they are a “________________ scene of crime” have more power to search without a warrant

49. Exclusionary Rule • Exclusionary Rule – prohibits __________ evidence = evidence seized illegally (without a warrant) is ____________ from trial

50. Rights of the accused • Must be considered ________________ until proven ____________ and treated with fair and lawful means throughout the process • writ of habeas corpus (to have the body) = prevents ____________ arrests and imprisonments • A prisoner must be brought before a court and the officer must _____________ with reason why the prisoner should not be released