THE JUDICIAL BRANCHChapter 7: Judicial Branch

Chapter 4: Rights and Responsibilities of Citizens

Chapter 16: Citizenship and the Law

BRAINSTORMING

What would a society without laws look like? Would it be very different than our society?

Make a list of laws that you think are unjust?

How do we determine fair punishments?

“EQUAL JUSTICE UNDER LAW”

Our judicial system protects citizens under a set of laws/rules that define everyone’s rights and freedoms

Laws promote the common good, protect you physically and personally, protect your rights, and set limits on behavior

However, questions can arise as to where our rights end and someone else’s rights begin Consider: Freedom to play music v. Neighbor’s right to enjoy peaceful surroundings

QUESTION: Think about the phrase “liberty and justice for all”…how are the two ideas tied together in our system of

government? Explain.

CIVIL V. CRIMINAL LAW

Disputes between people

Judge and/or jury listen to arguments of both sides (facts of the case)

Settles personal issues

Defines crimes Behaviors that are illegal because

society finds it to be harmful

Outlines trial/punishment

Protect society as a whole

Civil Law Criminal Law

QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?

SOURCES OF THE LAW

Principles of Laws are set forth in the Constitution

Four principal types of law: Statutory Common Administrative Constitutional

Constitutional Law is the supreme law of the land

STATUTORY LAW

Laws passed by lawmaking bodies are known as statutes Can be passed by Congress, state, or local gov’t

Most criminal laws and many civil laws fall into this category

Usually represent the majority rule, so they can change over time through the adoption of a new law

QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?

COMMON LAW

We cannot have a statute for every type of wrongdoing in our society…just imagine how long that list of laws would be Thus, courts often need to make decisions based off common sense,

traditions, and past decisions…this practice is known as common law

Precedent: Earlier Decision Often, judges will use precedent to help them make decisions in court

cases Over time, the ruling becomes a customary law (common law)

QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?

ADMINISTRATIVE LAW

Administrative laws are created by government agencies/commissions and not official legislatures

Many of these laws affect our daily lives, much like statutory laws, since the agencies are overseeing some aspect of our society

QUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE LAW?

CONSTITUTIONAL LAW

SUPREME LAW OF THE UNITED STATES

Based on the Constitution and how the Supreme Court interprets the Constitution Example: 6th Amendment’s Right to “assistance of counsel” for their defense and the

SC interpretation that states must give free legal aid to those unable to afford a lawyer (Gideon v. Wainwright)

QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL LAW?

THE ROLE OF COURTS

Cases can be people v. people; people v. government; government v. government

In a criminal case, it is society v. individual Society represented by attorney for government (often the District Attorney)

In civil dispute, both sides have options of having an attorney or representing themselves

THE FEDERAL COURT SYSTEM

THE FEDERAL COURT SYSTEM

U.S. DISTRICT COURTS

Set up by Congress

Federal District Courts Lowest level of US federal courts Trial courts for original jurisdiction (no appeals in district courts) Only federal court in which jury trials are held 94 Total in United States (each state has at least 1)

3 District Courts in PA

DISTRICT JUDGES

Federal District Judges are appointed by the President and get approved by Senate Can only be removed via impeachment by Congress

Trial judges that oversee civil and criminal trials Apply the law to the facts of the case Can be with or without juries Decides punishment in criminal cases

U.S. COURT OF APPEALS

Losing party in district court has right to appeal US Court of Appeals reviews decision by lower courts (Appellate Jurisdiction)

12 Judicial Circuits PA in judicial circuit 3, along with New Jersey & Delaware

Each court of appeals will have anywhere from 6 to 28 judges Longest serving member under 65 years of age is the senior judge

U.S. COURTS OF APPEALS: THE CURRENT MAP

12

PROCESS OF COURT OF APPEALS

Losing party appeals

Panel of at least 3 judges examines records of district court and hears arguments from both sides

Do not decide guilt, but rather if the trial was fair and law was properly interpreted

Majority vote for decision

May be sent back to new trial in district court (remand) or uphold the court’s decisions This may get appealed again to the Supreme Court

THE SUPREME COURT

Highest court of the United States Consists of nine justices, appointed for life Chief Justice is the principal judge on the case

Today: John Roberts Reviews cases that have been tried in lower federal

courts and in state courts most of the time 3 Exceptions for SC original jurisdiction

1. Diplomats from other countries2. Cases between states3. State v. Federal Gov’t cases

QUALIFICATIONS

No Special Requirements

Appointed by President, approval by Senate

Removal by resignation, death, or impeachment only

JUDICIAL REVIEW

Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution

How did they get this power? John Marshall in the case of Marbury v. Madison

Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny appointment Marbury claims Judiciary Act of 1789 gives court power to order Madison

to fulfill appointment Marshall says it was not granted by Constitution—declares act of Congress

unconstitutional

PICK & CHOOSE YOUR CASE…

Over 7,000 cases are filed each year to the SC Court takes cases that deal with important constitutional or national questions Minimum of four justices must vote to hear a particular case If refused, lower court decision will remain in effect Remand: return a case to the lower court for a new trial

HEARING A CASE… ….RULING ON A CASE

Supreme Court hears cases by oral arguments Each side given equal time Justices will then read written

arguments and consider arguments said in court

Eventually, they will take a vote and a simple majority wins

After all of this, the Court will share the opinion Reasoning used to come to that

decision

Court’s Opinion (Majority Opinion) Written by senior member in majority or

Chief Justice (could assign to someone else if they choose)

Details reasoning for decision

Concurring Opinion Agrees with decision, but not the reasoning

behind it

Dissenting Opinion Explains why the justices in the majority

opinion are wrong Has zero effect on law, but is important if

case gets review later

CHECKS AND BALANCES REVISITED

Executive Branch Appoints Federal Judges

Legislative Branch Senate confirmation Rewriting of “unconstitutional” laws Amend the Constitution

QUESTIONS

Do you think we should set qualifications for Supreme Court Justices? Why or why not?

Should Supreme Court Justices be appointed for life? Why or why not?

When deciding cases, how should the Constitution be interpreted? Should it be word-for-word as written or interpreted for meaning (including modern times)

HOW THE COURT CHANGES OVER TIME

Civil Rights and Segregation

Scott v. Sandford (1857) Slaves were not US citizens (they were

property), thus they cannot sue

Plessy v. Ferguson (1896) “Separate but equal” doctrine

Brown v. Board of Education (1954) Segregated schools were not equal—reversed

Plessy ruling

TOUGH DECISIONS TO MAKE

Many schools passed laws requiring children to salute the American flag in schools each day. Many organizations supported this patriotic measure, while many others opposed. One such group was the Jehovah’s Witnesses who believe that biblical prohibition of worshipping images forbids them from saluting the flag. With schools requiring the salute, a parent of two Jehovah’s Witnesses challenged the law in court.

How should the court rule? Explain.

TOUGH DECISIONS TO MAKE

While gathering evidence for the prosecution of a suspect, the FBI bugs a telephone booth by attaching a microphone and tape recorder to the outside of the booth knowing the suspect will use a private number instead of his own for illicit activities. The FBI did not have a warrant and the information obtained in the search is to be used in courts. The defendant argues this constitutes an illegal search since it is a public telephone and violates his right to privacy.

How should the court rule? Explain.

TOUGH DECISIONS TO MAKE

The Amish community often consists of close-knit families where religion is a keystone to their daily lives and their culture differs greatly from “traditional American” culture. One part of the difference is that the Amish only believe in educating their children until 8th grade and exclusively in Amish schools. Many states, such as Pennsylvania, require students to attend high school until at least 16 years old. The Amish population believes public high schools may threaten the beliefs of their youth, so they openly keep them out of school in violation of the law. Can the Amish legally opt to not have their youth be educated past 8th grade?

How should the courts rule? Explain.

TOUGH DECISIONS TO MAKE

A student gives this speech to the student body to nominate his friend for class officer:

I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come [long pause] between us and the best our school can be. He is firm enough to give it everything.

The school suspends the student and bars him from speaking at graduation and other school functions. Is this a violation of his rights?

How should the courts rule? Explain.

TOUGH DECISIONS TO MAKE

A group decides to picket a funeral of a deceased soldier killed in military service. They say that “God kills American Soldiers because of America’s tolerance of homosexuality”. They picket on public property, maintaining a distance away from the cemetery, but close enough to be seen by those going to and from the service. They wave signs such as “Thank God for Dead Soldiers”, “Thank God for 9/11”, “God Hates the United States”, “You’re Going to Hell”, and others that speak negatively of the current state of the nation.

How should the court rule? Explain.

CONSTITUTIONAL ROOTS

By 1790, all 13 original states ratified the Constitution

Many people did not believe the Constitution did enough to protect individuals

Many different views on whether individual rights should have been included

SHOULD INDIVIDUAL RIGHTS BE INCLUDED IN THE CONSTITUTION?

Thomas Jefferson “Bill of Rights is what people are entitled to…and what no just

government should refuse.”

Alexander Hamilton No laws needed to stop the government from doing things the

Constitution gives it no power to do

OTHER ARGUMENTS

States already have own bill of rights to protect individual liberties Counterargument: Many states (such as NY) did not have a bill of

rights

Would states oppose the Constitution without the Bill of Rights?

Madison’s solution: 10 amendments that focused on individual rights

DO YOU THINK THE BILL OF RIGHTS WAS A NECESSARY ADDITION TO THE CONSTITUTION? WHY/WHY NOT?

THE BILL OF RIGHTS

1: The Five Freedoms

2: Right to Bear Arms; State Militia

3: Quartering of Troops

4: Search and Seizure

5: Due Process of Law; Self-Incrimination; Eminent Domain

6: Person’s Trial Rights

7: Trial by jury in money/property trials

8: Bail and Cruel/Unusual Punishment

9: Personal Rights not explicitly stated

10: Rights not given to Federal Gov’t belong to states and people

OTHER MAJOR AMENDMENTS NOT YET DISCUSSED

13: Abolition of Slavery

14: Equal Protection/Full Citizenship

15: Voting Rights in Regards to Race

17: Direct Election of Senators

19: Voting Rights in Regards to Gender

23: Voting Rights to District of Columbia

24: Abolition of Poll Taxes

26: Voting Age Lowered to Age 18

CITIZENSHIP & YOUR RIGHTS

Civic Duty: No choice in the matter

Following Laws

Paying Taxes

Going to School

Selective Service

Going to Court

Jury Duty

Civic Responsibility: Not required, just do it

Voting

Being active in community

Paying attention to issues

Taking part in government

Protecting others’ rights

CRIME IN THE UNITED STATES

Felonies v. Misdemeanors

Crime Against: Persons Property Victimless White-Collar Organized

CAUSES OF CRIMES?

Start with why we think crimes are committed…discuss

Theories about why crimes are committed.

FIGHTING CRIME

Role of the Police

Role of the Courts

Types of Punishments