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Constitutional Law 101

Constitutional Law 101. 2013 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D. In the beginning. Judiciary. Executive. Legislature. In the beginning. Judiciary. Article 3. In the beginning. Judiciary. October . . . by statute End of July . . . by custom.

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Constitutional Law 101

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  1. Constitutional Law 101 2013 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D.

  2. In the beginning . . . Judiciary Executive Legislature

  3. In the beginning . . . Judiciary Article 3

  4. In the beginning . . . Judiciary October . . . by statute End of July. . . by custom

  5. In the beginning . . . Judiciary Courtroom 82 by 91 feet

  6. In the beginning . . . Judiciary Courtroom 82 by 91 feet Completed in 1935

  7. In the beginning . . . Judiciary Courtroom 82 by 91 feet Cost: 9 million Completed in 1935

  8. 9 on the Court

  9. 9 on the Court . . . since 1869 by statute

  10. 9 on the Court 8 Associate Justices + 1 Chief Justice

  11. 9 on the Court . . . since 1869 by statute Court packing

  12. I’ll take it to the Supreme Court !

  13. You think so???

  14. Original Jurisdiction

  15. Original JurisdictionAppellate Jurisdiction

  16. 9000 casesAppellate Jurisdiction100 decisions

  17. 9 on the Court 4 to hear

  18. 9 on the Court 4 to hear Writ of certiorari

  19. 9 on the Court 4 to hear 6 to decide Recusal Vacancy Illness

  20. Tick Tock Tick Tock • Arguing a case

  21. Judgment Day Opinions

  22. Judgment Day Opinions Majority 1+1+1+1+1 . . .

  23. Judgment Day Opinions Majority Concurring

  24. Judgment Day Opinions Majority 1+1+1+1+1 . . . Concurring

  25. Judgment Day Opinions Dissenting

  26. State Actor

  27. Non-State Actor

  28. Who has to honor yourConstitutional rights?

  29. Who has to honor yourConstitutional rights? State Actor Yes Non-State Actor No

  30. Standards of Review Mild Scrutiny ‘rationally related to a legitimate state interest’

  31. Standards of Review Strict Scrutiny ‘necessary to accomplish a compelling state interest’

  32. Standards of Review Mild Scrutiny Nebulous middle level Strict Scrutiny

  33. Standards of Review Strict Scrutiny ‘necessary to accomplish a compelling state interest’ Fundamental rights Suspect classifications

  34. Sources of Most Issues • Amendments to the Constitution

  35. Public School Penguin Pickleball Team Tryouts

  36. Public School Penguin Pickleball Team Tryouts No Small Gray Penguins Allowed

  37. Public School Penguin Pickleball Team Tryouts State Actor? Constitutional Issue? Suspect Class? Scrutiny? No Small Gray Penguins Allowed

  38. Constitutional Law 101 2012 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D.

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