090809 Gov Judiciary 100m

Good Day!

DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 09/09/09, Topic: Judiciary2) On the next line, write “Opener #9” and then:

1) Plot your mood, reflect in 1 sent.2) Respond to the opener by writing at least 2 sentences about:Your opinions/thoughts OR/AND

Questions sparked by the clip OR/AND

Summary of the clip OR/AND

Other things going on in the news.Announcements: NominationsIntro Music: Untitled

Work #9a, Title “Opener Shareout”

Pick 1 thing from your opener to share with your partner.

1) Each of you sign your name in your partner’s workbook under 1) to verified you’ve shared.

Pick 1 news story to share with your partner.

2) Each of you sign your name in your partner’s workbook under 1) to verified you’ve shared.

Agenda1) Team Introductions2) Judicial Branch Overview3) Obama’s Education Speech

Essential Question1) What is the role of the Judiciary?

Reminder1) Find & complete your 4 news pods

Workbook Setup:Draw a line between days.Use back and front of pages.

Opener (graded)Write date, topic, opener #Then 3 sentences: based off the opener questions.

Notes (not-graded)In-class notes go next. Notes online and in class binder.60% of test from notes.

Work Section (graded)Work sections correspond to the opener #, and then go in letter a-z order. Title: must be included in each work section.25-30% of test from work sec.Surprise quizzes 100% based off notes and work sections.

MVHS printed over 5 million pages last year, that’s equal to 100

trees. As our way to help out, when a doc is chipped, it’s a class set. Please don’t write on it, and remember to turn it back in.

Participation (10 points a week)Negative Mark: Minus 2 Points Each0 Check: 6 Points1 Check: 7 Points2 Checks: 8 Points3 Checks: 9 Points4 Checks: 10 Points 5 Checks: 11 Points (+1 EC)6 Checks: 12 Points (+2 EC)7 Checks: 13 Points (+3 EC)8 Checks: 14 Points (+4 EC)

EACH WEEK:You can only post a comment to this week’s 2 blog post (Mondat-Friday)

Work #9b, Title “21st Century Skills”1) Questions things (curious)2) Collaborative (works well in teams)3) Motivates diff. kinds of people (leadership)4) Effective communicator (relay your ideas)5) Creative (creates things)6) Adapts to change/differences (unexpected)7) Entrepreneurial (takes risk and initiative)

1) Write down which you are strongest AND which you are weakest at (we can all improve no matter where we are at).2) Pick one skill to focus on for this week.

Work #9c, Title “Team Intro”

1) Write everyone’s name (exchange contact info if you wish)2) Write down the team number Mr. Chiang provided you (1-9)3) Write down the state that your team has chosen (let Mr. Chiang know when you have picked a name)

Review1) States Come First: Colonies (states)

experienced close to 200 years of separate freedom before joining the USA.

2) Federalism: Splitting, overlapping, and conflicting power between the state and federal (national) gov

(federal technically means split gov, now refers to national gov)

3) History of US Federalism: States had more power > then equal in the 1800s > 1900s Federal became supreme (recently state wins some).

Review4) US Constitution Characteristics: a) Republican demo (representative)b) Federalism (national/state share power)c) Separation of Powers (legis, exec, jud)

Secret Sauce (not written but expected)d) Common Good/Virtue: We have no king

to keep us together, so we must have the character to make experiment work.

Constitutional Structure and Amendment:Article 1: Congress/Legislature (House + Senate)Article 2: President/Executive (President +

Implied Bureaucracy)Article 3: Federal Courts/Judiciary (US Courts)Article 4: State LimitsArticle 5: Amendment Process: 2/3 of Congress > 3/4 States 2/3 of States > 3/4 States (never used)Article 6: National Supremacy (when granted)Article 7: Ratification ProcessAmendments: First 10 (Bill of Rights) 27 Amendments Total So Far

Constitution

1: LegislatureCREATES

(S + H)

2: ExecutiveEXECUTES (President)

3: JudicialJUDGES

(SC, CC, DC)

Bureaucracy

Notes #9a, Title: “Judiciary Notes” 1) Constitutional Law: Rules set in the

Constitution for all of US (harder to amend).

Notes #9a, Title: “Judiciary Notes” 2) Congressional Law or Act: Rules created by

Congress for all of US, same power as Constitution (easier to amend, Jud. can kill).

Constitutional Law: Real Tattoo

Congressional Law or Act: Temporary Tattoo

All look the same, serve the same purpose, just one is more reversible.

Review

Federalism in the Constitution: FEDERAL gov can ONLY do what the

Constitution says. Make laws on very specific list of things (17)

STATE government can do (make laws on) ANYTHING except when forbidden by the US Constitution.

Parenting Analogy: USA: You can only go to the

library.STATE: You can go anywhere

except the bar.

CONSTITUTIONConstitution, Article 1, Section 8:Clause 3:Congress shall have power to… regulate commerce… among the several states…

Clause 18: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers

LAW (all federal laws must be authorized by constitution)Civil Rights Act of 1964 =

authorized through Interstate Commerce

CONSTITUTIONConstitution, Amendment 15:Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2: The Congress shall have power to enforce this article by appropriate legislation.

LAW (all federal laws must be authorized by constitution)

Voting Rights Act of 1965 = authorized through

15th Amendment

CONSTITUTIONConstitution, Article 1, Section 8:Clause 1:To lay and collect taxes… to pay the debts and provide for the common defense and general welfare

Clause 18: To make all Laws which shall be necessary and proper for carrying into execution the foregoing powers

LAW (all federal laws must be authorized by constitution)

No Child Left Behind (2001) = authorized through

Interstate Commerce (state’s don’t have to follow NCLB, they can refuse the fed money)

Constitutional Law: Real Tattoo

Congressional Law or Act: Temporary Tattoo

All look the same, serve the same purpose, just one is more reversible.

US vs. Lopez, court kills the law. Congress can try to reword a new law to make the court happy OR amend the Constitution.

CONSTITUTION:Proposed Equal Rights Amendment: Can only be reversed by future constitutional amendment. Amendments can be on anything.

LAW:Civil Rights Act of 1964 (passed thru ICC):Can be reversed by future Congress or Courts. Laws must be authorized by the Constitution (Congress will often try to find loose connection to the Constitution)

Notes #9a, Title: “Judiciary Notes” 3) Judiciary: 1 of the 3 branches, designed to be most independent (protect minority rights). Power to kill laws or force actions.4) Judicial Review: Cases brought to it, judiciary’s power to interpret what laws mean (Marbury v Madison: killed part of Jud Act 1789)5) Loose Interpretation: Interpret Constitution loosely to evolve with changing times. 6) Strict Interpretation : Stick to literal word meaning of the Constitution7) Originalism: Stick to intent of the framers/law writers.8) Judicial Activism: Court should not shy from being early in solve public controversies.9) Judicial Restraint: Court should wait until the more democratic branches exhaust resolving public controversies.

Notes #9a, Title: “Judiciary Notes” 3) Judiciary: 1 of the 3 branches, designed to be most independent (protect minority rights). Power to kill laws or force actions.

Constitution

1: LegislatureCREATES

(S + H)

2: ExecutiveEXECUTES (President)

3: JudicialJUDGES

(SC, CC, DC)

Bureaucracy

Notes #9a, Title: “Judiciary Notes” 4) Judicial Review: Cases brought to it, judiciary’s power to interpret what laws mean (Marbury v Madison: killed part of Jud Act 1789)

Notes #9a, Title: “Judiciary Notes” 5) Loose Interpretation: Interpret Constitution loosely to evolve with changing times. 6) Strict Interpretation : Stick to literal word meaning of the Constitution

FYI1) Judge: Judge on any of the courts lower than the highest court (their decision has the same power as a higher court, except they can be reversed)2) Justice: Judge on the highest court (their decision can only be reversed by constitutional amendment*)

*Technically, the Constitution has given Congress the power to remove certain topics from the jurisdiction of the court, this has never been done (Art 3, Sec 2).

Work #9d, “Con Interpretation Debate”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: Strict1) More predictable2) If times change, then let Congress amend the Constitution.3) Federal judges are nominated for life, its too much power to let decide what laws are.

PRO: Loose1) Strict can lead to unpractical outcomes2) Times change, laws need to reflect change.3) The courts are the most qualified to determine the meaning of laws (laws will always need interpreter)

Notes #9b, Title: “Judiciary Notes” 7) Originalism: Stick to intent of the framers/law writers.

Notes #9b, Title: “Judiciary Notes” 8) Judicial Activism: Court should not shy from being early in solve public controversies.9) Judicial Restraint: Court should wait until the more democratic branches exhaust resolving public controversies.

Work #9e, “Con Interpretation Debate 2”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: Jud Restraint1) Judges are not elected or confirmed by the ppl2) 9 Justices aren’t wiser than 535 members of Congress+President3) Who gives 9 Justices the right to override the democratic process?

PRO: Jud Activism1) Life term judges have can make decisions free of politics2) Federal judges are wiser than Pres/Cong3) Society at times needs a jumpstart to do what’s right (Brown v Board)

Work #9f, Title “Editorial”1) Write a brief letter to the editor (less than 125 words) on what kind of judges the President should nominate.FORMATi) Write a heading: “Dear Editor”ii) Next write: Tell the your opinion.iii) Last: End with your name (if this was real, you’d include

your contact info too)

Make sure you cover:a) Should the judges be: loose, strict, originalist, activist and/or restraint? (can be many at once)b) Why

Mr. Chiang will RANDOMLY read a few out loud.

Notes #9c, Title: “Judiciary Notes” 10) 3 Levels to Federal Court: Supreme Court (1)Circuit Court of Appeals (13):

We are in the 9th CircuitDistrict Trial Court (94):

We are in the Northern CA Fed District Court82% Male, 18% Female, 49% GOP, 45% DEM82% White, 5% Hispanic, 0.5% Asian

11) All Federal Judges: Appointed by President > confirmed by Senate serve for life.*

*Tradition has been for Cir+Dist nominees, Pres will get the approval of those area’s senators.

N. CADistrict

JudgeEdward Chen

(appointed by Pres. Obama)

CA is part of the 9th Circuit Court

28 judges rotate the 9th

9th

Circuit

12) SCOTUS: Supreme Court of the U.S., 9 judges. 5 of 9 judges to make a decision. Chief Justice Roberts.

SCOTUS: 9 Justices

9th

Justices

Three Kinky Southern Girls Bring Rock Stars Scandals Aplenty

1) Stevens - LIB2) Sotomayer - LIB3) Ginsburg - LIB4) Breyer - LIB5) Kennedy - SWING VOTE (LEANS CON)6) Roberts - CON, CHIEF JUSTICE7) Alito - CON8) Scalia - CON9)Thomas - CON

Workbook peer check:

Have your partner look at your notebook to see if the formatting is correct, get their signature under Work#5a

Workbook Check: Remember you workbook is turned in each marking period for 100 points!

Homework: 1) Study today’s notes + work sections

for a possible workbook quiz.