unit 5 the judicial branch ch 18 – the federal court system ch 19 – civil liberties: 1 st...
TRANSCRIPT
Unit 5The Judicial Branch
Ch 18 – The Federal Court System
Ch 19 – Civil Liberties: 1st Amendment Freedoms
Ch 20 – Civil Liberties: Protecting Individual Rights
Ch 21 – Civil Rights: Equal Justice Under Law
“At his best, man is the noblest of all animals; separated from law and justice he is the worst.” - Aristotle
Ch 18 – The Federal Court System• The federal
court system• The US has 2 separate _______________, the
federal system + the states’ system. (More about the states’ courts in Ch 24).
• The Constitution created the _____________ + established it as the highest court in the land. __________ was given the right to establish all lower or inferior courts in the _______ system.
• Congress has created 2 types of inferior courts:
1. ________________ (or Regular) Courts
2. ___________ – only hear specific types of cases. Includes Courts of D.C., U.S. Court of Appeals for the _____________, U.S. Tax Courts, etc…
• Federal __________
• Jurisdiction is the ______ of a court to hear a case.• Federal courts may have jurisdiction based on one
of two factors (details on p. 508):1. The __________________ of the case.
(Federal law or law involving American ___________)
2. The ____________ involved.(The US gov.’t, state gov.’ts, citizensof different states, foreign gov.’ts orforeign ______________)
• All cases not specifically under federal jurisdiction are under _________ jurisdiction.
• Original jurisdiction refers to the ________ to hear a case, while appellate jurisdiction refers to a court that hears a case on ___________.
• District courts always have __________ jurisdiction, and appeals (or appellate) courts always have appellate jurisdiction. The _______________ can have either original or appellate jurisdiction.
• Federal ______ • All federal judges are appointed by the _______ + confirmed by the _________.
• When choosing a judge, the president looks for someone whose legal/political records reflects ________________.
• Judges in constitutional courts are appointed for life unless _________, + judges in special courts are appointed for varying terms, depending on the court.
• One thing that _______________ into a judge’s appointment is how the president believes he/she would interpret the ___________. Some believe that a judge should decide cases based on 1) the ______________ of the framers of the Constitution + on 2) precedent (previous court ___________ on similar cases). Others believe judges believe that the law should be interpreted + applied based on __________________ in conditions + values.
End Section 1
• The inferior (or ______) courts
• District Courts – handle about _____% of federal caseload. There are about 94 of them throughout the states + in the territories. They hear cases about things such as:
• _______ robbery• _______ fraud• ______ evasion• ____________• ____________• ____________
• Usually, only 1 judge hears each trial, but certain cases have ______ judges hear them.
• Most court decisions are _____, but some are appealed…
• The Courts of ______ (or appellate courts) were created to relieve the Supreme Court of some of its _____. There are 12 federal courts of appeals each divided in circuits (p. 513).
• What is an appeal?• A request for a higher court to
hear a case b/c one or both sides are unhappy w/ the ________. There has to be a __________…
• Most cases are heard by a tribunal of 3 judges, although if the case is especially important, ________ in the circuit hear it.
• Their decisions are final unless the ______________ agrees to hear the case on appeal… End Section 2
• The Supreme Court
• The only court specifically created by the ______________ + the _______court in the land.
• It has the _________ on the meaning of the Constitution.
• In the Supreme Court only, judges are called justices.
• Has 1 _______ Justice + 8 ___________ justices (although Congress can + has changed that #).
• It has both original + appellate jurisdiction, but most cases come ________________.
• It has original jurisdiction on cases involving a _______, ambassador, + public ministers.
• Over ______________ are appealed to the Supreme Court each year; it hears less than ________. For an appeal to reach the Supreme Court, at least ____ justices must agree to hear it.
• They pick cases either b/c they ________ w/ the lower court or b/c it involves a ____________________.
• It hears cases from the 1st Monday in _________ until June or July (1 ______).
• After hearing a case, the justices reach a verdict. Only about 1/3 of their verdicts are _____________. The rest are decided by a simple majority. Afterwards, they write their ___________.
• The majority opinion, or the Opinion of the Court gives the Court’s verdict + its reasoning.
• Sometimes a justice may write a concurring opinion in which he/she _________ w/ the Court’s verdict, but emphasizes or adds _____________.
• One or more dissenting opinions are written by those justices who _______ w/ the Court’s verdict + their reasoning.
• Marbury v. Madison
• (1803) Pres. ______________ appointed some federal judges + Senate had confirmed their appointments right before Adams __________.
• New Pres. _________________ wouldn’t have official documents appointing them as judges delivered b/c he didn’t want them to ________.
• Several appointees take the issue to the ________________.
• Chief Justice ______________ stated in the Court’s decision that appointees were entitled to commissions BUT the Supreme Court didn’t have the ________________________ to force the president to issue them + that Marbury based his case on an ______________ point of law.
• This established judicial review (The courts’ power to ____________ the laws).– Courts can declare laws _______________.
– If Congress passes law + President signs it, the Court can still declare it __________.
End Section 3
John MarshallJohn Marshall
• The Special Courts
• Created by Congress to hear ______________ of cases:
End Section 4
The UnitedStates _____ Courts –
hears cases aboutdisputes over
tax laws.
The Court ofAppeals for __________
Claims – hears cases whereveterans claim they didn’t receive _________ they
are entitled to.Military
Commissions –military courts that hearcases against “_______
____________”.
The Court ofAppeals For the Armed
Forces – hears _________from ______ courts involving
members of the armed forces.
The _______________________ Courts
The _________Courts – federal courts for the US territories of
Guam, the Virgin Islands, + the Northern
Marianas.
The CourtOf Federal Claims –
hears claims for damages against the
_____________.
The SpecialCourts
Ch 19 – Civil Liberties: 1st Amendment Freedoms
• _______ of the people
• The Bill of Rights are the 1st _____________ to the Constitution – only apply to the _________ gov.’t (however, the ____ Amendment extends most of these protections over _______ gov.’ts also – p. 536).
• Civil liberties are ________________________ (ex. the 1st Amendment).
• Civil rights are __________________ that seek to make constitutional guarantees a reality for all people (ex. laws prohibiting ____________).
• The US gov.’t is a limited gov.’t, meaning the gov.’t is ________ in what it may do, + that the rights of the people may not be taken away.
• However, a person’s rights are relative to the ______________. In other words, you may not exercise your rights by _______ someone else’s rights.
End Section 1
• The freedom of _________
• The 1st + 14th Amendments guarantee that the gov.’t may not establish a ___________ (separation of _____________) or arbitrarily ___________ in the people’s exercising of religion.
• The gov.’t is neither to ______ nor to __________ any religion.
• Most of the Supreme Court cases regarding freedom of religion involve religion + _________. Issues include:
• _______________ of parochial schools
• ___________ in schools• What is _______ (ex. evolution)
• Religious freedom, like all others, is relative. It may not violate another’s rights or go against the _________________. End Section 2
• The freedoms of speech + ______
• The 1st + 14th Amendments guarantee that each person has a right of free _________ in the spoken + written word, + all other forms of ________________. Also, they guarantee that all people have the right to the discussion of ________ _________.
• These rights are intended to protect the expression of ________________ views.
• “freedom for the thought that we hate” – Justice Oliver Wendell Holmes
• Again, these rights are relative to others’ rights. Libel (the false + malicious use of ______________) + slander (the false + malicious use of ___________) are both illegal. Also illegal is sedition (the crime of attempting to _________________ by force or to disrupt lawful activities by violent acts). _____________ sedition is illegal as well.
• _________ is not permitted in freedom of expression (but what qualifies as obscene is constantly __________).
• Except in ________________________, the gov.’t may not attempt to block any attempts at spoken or written expression even if those expressing themselves may be ____________ for it later.
• Of all forms of communication, radio + tv are subject to the most ___________ b/c they are broadcast on ______________.
• Freedom of expression includes ______ as well (ex. flag burning + picketing)
• In Tinker v. Des Moines School District (1969), the Supreme Court ruled that students + teachers don’t shed their _______________________ at school.
End Section 3
• The freedoms of assembly + _________
• The 1st + 14th Amendments guarantee the rights to assemble (to gather in groups + ___________ on public matters) + to petition.
• If assembled, groups may not incite _______, block public streets, _____________, or otherwise endanger ______________.
• The gov.’t may reasonably regulate the ____, ____, + manner of assembly, but not the who or their ________.
• Demonstrations in public places can be regulated by requiring ________________ + _____________.
• The right to assemble does not give demonstrators the right to trespass on _____ ____________.
• The right to assemble includes the right of association – to join w/ others to __________ political, economic, + other social causes.
Ch 20 – Civil Liberties: Protecting Individual Rights
• _____ process • The 5th + 14th Amendments guarantee that the gov.’t may not ______________ of “life, liberty, or property” w/o due process of law (In other words, the gov.’t must ________ + in accord w/ __________________).
• The Supreme Court refuses to give an _____________ as to what due process is, instead deciding on a ____________ basis.
• Thus, what qualifies as “due process” has ____________________.
• Ex. Miranda v. Arizona
Gideon v. Wainwright
End Section 1
• Freedom + security of the person: The 2nd Amendment
• The right to keep + __________ – but who does it belong to?
• The 2nd Amendment reads, “A well regulated _________, being necessary to the security of a _______, the right of the people to keep and bear Arms, shall not be infringed.”
• Although many claim that the 2nd Amendment protects _________’ right to own guns, the Supreme Court has _______ accepted that interpretation.
• The 2nd Amendment is ____________ by the 14th Amendment’s due process clause, + so the ______ can + do ___ the right to own guns.
• Freedom + security of the person: The 3rd + 4th Amendments
• The 3rd Amendment protects individuals from being forced to ____________. It’s had no real importance since 1791.
• The 4th Amendment protects against unreasonable __________ + _____________.
• “The right of the people to be _________ in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no __________ shall issue, but upon _____________, supported by Oath or affirmation, and particularly describing the ________ to be searched and the persons or ______ to be seized.”
• Except under ___________________, police must have a proper warrant (_________) to search +/or seize evidence or individuals. To obtain a warrant, police must have probable cause (_______________________ of a crime).
• Police may act upon evidence in ______________.• Cars + other vehicles are often ________ from requiring a
search warrant – only need probable cause.• This is due to the “__________________ of crime”.
• Can illegally seized evidence be used in court? • In general, _____. Exceptions include – “inevitable
discovery”, “good faith”, + “__________________”.
• Rights of the accused: The Constitution, 5th + 6th Amendments
• What you need to know for when you’re arrested…• The Constitution requires a writ of habeas corpus – a
court order to prevent ___________ + imprisonments. It requires the police to bring the prisoner to ______ to be _______________ for a crime + prove good cause for his/her detainment.
• Can only be suspended in times of ____ or the likelihood of it.
• Cannot be arrested for breaking a criminal law before it was _________________.
• The 5th Amendment requires _________________.• Prohibits double jeopardy (to be tried twice for the
_______________).• But if more than 1 ____ is broken at a time, the
criminal may be tried in ________________.• A trial resulting in a _______ doesn’t count nor
does an __________.• Protects against forced self-incrimination – written or
verbal ________________ (“taking the 5th”).• Led to Miranda v. Arizona (1966) – required
__________________.
• The 6th Amendment guarantees a speedy trial (__________ w/o special circumstances).
• The _____________ may request a delay.
• A trial must be _____ to ensure procedural due process.
• Accused has the right to a trial by an ____________ (but state trials only have to have a jury in _______ cases) from the same district where the crime was committed.
• Accused has the right to an _______ + if he/she can’t afford one, one must be provided for ____ (Gideon v. Wainwright - 1963).
Constitutional protections for the accused
Arrest warrant +/or _____________________
_________________________
No 3rd degree or forced ________________________
Grand jury or prosecutor weighs ____________________
Informed of ____________ (No excessive bail)
Speedy + public trial by impartial jury (No self-incrimination/Confront witnesses/Lawyer)
_____________ of jury (no double jeopardy)
No _______________________ or cruel + unusual punishment
Right to _____________ End Section 3
• Punishment: The 8th Amendment
• The 8th Amendment protects against ____________ + fines.
• Bail is the sum of $ that the accused may be required to post ___________ that he/she will ___________________ at the proper time.
• Bail is justified b/c:
1. A person shouldn’t be jailed until _________________.
2. A person can better prepare for a trial ______________.
• Bail is NOT ____________, but when given, must not be _____________.
• Bail is determined based on the ___________ of the crime + the _________/reputation of the accused.
- Poorer people may be released “on their own recognizance” - ____ system.
• It also protects against “cruel + unusual punishment”.• Most cruel + unusual cases that reach the Supreme
Court involve capital punishment (the ___________).• The Supreme Court has ______ the idea that capital
punishment is cruel + unusual, as long as method used is not ________. However, in 1972 (Furman v. Georgia) it struck down all existing state laws allowing the death penalty b/c of the unfairness in the way in which the criminals _____________ for execution.
• Too many of those who received the death penalty were _________ +/or ________.
• States have since _______________ + now have a 2 stage process for these cases (a trial to determine guilt, followed by a hearing to determine the ____________________).
• The death penalty may be given only if the __________, but not if the criminal is mentally ___________.
• The federal gov.’t + most (__________) states have the death penalty. End Section 4
Ch 21 – Civil Rights: Equal Justice Under the Law
• ______-based discrimination
• _______-based discrimination
• While virtually every _________ group in the US has been a victim of discrimination, much focus is placed on ________ Americans. This is b/c:
1. They currently make up the 2nd largest minority group (slightly more _________).
2. Legacy of __________.3. Most of the gains to expand the
Constitution’s rights to all minorities were made ___________________.
• Unlike minorities, __________ are a majority.• Women didn’t get the right to vote until ____ yrs
after all men did.• On average, women make less than ___%
of what men do. End Section 1
• Equal __________
• Although the Declaration of Indep. mentions ______________, the Constitution makes no such claim.
• The closest it comes is the ______ Amendment’s equal protection clause: “No state shall… deny to any person within its jurisdiction the equal protection of the laws.”
• Applies to all regardless of race, gender, or _________________.
• In Plessy v. Ferguson (1896), the Supreme Court ruled that ____________ did not violate the 14th Amendment based on the separate-but-equal doctrine.
• The Supreme Court __________ that ruling in Brown v. the Board of Education of Topeka (1954) + declared that separate-but-equal facilities were _______________.
• De jure segregation is segregation by ______.• De facto segregation is segregation by ______ or
_________ – a fact even if it’s not a law. End
Section 2
• Federal civil rights laws
• The _____________________ is the most far reaching of all civil rights laws. Major points are:
1. Provides that no person may be _____________ to or refused service in various “public accommodations” b/c of race, color, religion, or national origin.
2. Prohibits discrimination against anyone in ____________ that receives any federal $ + requires any program that does to _______ federal $.
3. Forbids employers + __________ from discrimination.
• The Civil Rights Act of 1968 (or Open Housing Act) forbids anyone from refusing to ___________________________ to anyone.
• Affirmative action • A policy that requires most employers to take _______ steps to remedy the effects of ______ discriminations.
• Many gov.’t agencies, programs, or companies that work w/ the gov.’t _____________ to adopt affirmative action programs in 1965. The goal being to ensure that their workforce is _______________ of the local community. For some, that just meant plans that call for the wide ____________ of job openings + ensuring that minorities + women receive comparable pay, benefits, + ______________.
• The Supreme Court declared quotas (rules requiring a certain # of jobs, promotions, etc, be given to members of certain groups) ______________ in Regents of the University of California v. Bakke (1978).
• Although race may not be the _____________ considered, it may be a factor (except in cases of longstanding, flagrant discrimination).
• Lately, the Supreme Court has taken a more ________________ view, + said that affirmative action programs will be viewed w/ more ____________.
End Section 3
• ____________ • A citizen is one who owes __________ to a country + is entitled to its ___________.
• Citizenship by birth includes those born w/in the US territory + those ______________ to Americans (p. 615).
• Citizenship can be obtained through a ____ _________ known as naturalization. This is something only __________ can regulate (p. 614).
• A person may renounce their citizenship (__________), but the gov.’t may not strip a person of their citizenship ____________ for naturalized citizens only if they gained citizenship through ____________ or fraud.
• An alien is a citizen of a foreign country ______________________.
• Immigrants • __________ has the exclusive right to regulate ______________. Until 1890, Congress made _________________ to regulate immigration b/c land was plentiful + ______ was needed. By 1890, not only was the frontier closed, + labor no longer in short supply, but immigrants were no longer coming from predominately _________ + __________ Europe, but instead from __________ + __________ Europe.
• Throughout the years, various ________ have been placed on who may immigrate to the US + for a long time _______ were placed on how many immigrants could come from each ___________.
• Today there is an annual ceiling of _______ immigrants accepted each yr w/ preferential treatment given to close __________ of Americans or legal aliens.