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COURT ORIGINS o Under the Articles of ________________, there was no _________ court system o Laws were _________________ each state o _______________ between states or people from different states were decided in one of those states, and the other state usually ignored the _____________ o _______________ decided we must have a court system in the Constitution o We find the ________________ of our courts in Article _____ of the Constitution
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THE JUDICIAL BRANCHUNIT 7
THE NATIONAL JUDICIARY
UNIT 7, NOTES 1
COURT ORIGINS o Under the Articles of ________________, there was no
_________ court systemo Laws were _________________ each state
o _______________ between states or people from different states were decided in one of those states, and the other state usually ignored the _____________
o _______________ decided we must have a court system in the Constitution
o We find the ________________ of our courts in Article _____ of the Constitution
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
JURISDICTION• Federal _________ have jurisdiction (authority to hear a
case)• They have _________________ to hear a case because of
2 reasons: 1) Subject Matter
if it pertains to the _______________ or application of any part of the Constitution
2) Parties Involved if the U.S. is ____________ or its offices or agencies, an
__________________, or a state is suing another state
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
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 ____________
JUDICIAL RESTRAINTBelieve 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
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
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
TERMSo Supreme Court and ____________ federal court judges are
appointed for __________ or until they retire or _________o They may only be removed through __________________o They are given these _________ for so long so that they
can rule _______________ to the Constitution o They don’t have to _________ about job security or being
re-elected, so they can decide a case how they really feel
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
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
JUDICIAL REVIEWo SC has the power of judicial review = power to decide
whether an act of government is _____________________ o Looks at _______________, executive, and judicial acts
o Power of judicial review established in Marbury v. Madisono Important because this upheld that the Constitution was
the _______________ law of the land and that _____ legislative acts could be above it
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 _________
HOW THE COURT OPERATESo Consider cases on a _________ week cycle
o Hear oral arguments for two weeks, then __________ to consider those cases for two weeks
o Briefs = written documents ______________ the case; filed before the case is heard o Contains ____________ information about the case and
the lower courts decisionso Justices meet in _________________ to consider cases
o Chief Justice presides – he speaks first and indicates how he plans to _________, then each associate does the same, in order of seniority
o Then they ___________ the ________
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
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 ______________
PROMINENT MEMBERS OF THE SCJohn ________ – _______ Supreme Court Chief Justice John Marshall – longest ___________ chief justice – Almost 35 yearsRoger Taney – first ___________________ to serve as chief justiceWilliam Howard Taft – the only ______________ to serve as chief justice__________________ – the Warren CourtThurgood Marshall – first ________________________ to serve on the SCSandra Day O’Conner – First ____________ on the court
CIVIL LIBERTIES
UNIT 7, NOTES 2
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
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
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
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
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)
ESTABLISHMET CLAUSEo Sets up “wall of ________________” between church and stateo Prohibits the establishment of a church _______________ supported by the national or state governmentso BUT that doesn’t mean they are ___________ separateo Government does many things to encourage religion
o EX: Churches do not have to pay _________; many government officials take __________ and swear before God; _____________ of Allegiance
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
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
OTHER ESTABLISHMENT CASESo Religious Displays – SC allowed city in Rhode Island to
include Christian _______________ scene as long as non-Christian symbols were _____________
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
FREE EXERCISE CLAUSE, CONT. o Over years SC has _______________ church practices that
involved:o Not allowing children to ________________o Laws that require _______________ to close on Sundays
FREEDOM AND SPEECH AND PRESS The guarantee of free speech and press in the 1st
Amendment has two purposes…1) to guarantee each person the right of free
expression in ____________ and ___________ word and other means of communication
2) guarantee to all persons a full, wide-ranging discussion of ____________ affairs
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.)
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
PRIOR RESTRAINTo Constitution allows _________________ to punish
acts after they have occurred, but gov. cannot place prior restraint on them o SC says that with free expression, gov. can’t stop
something from being ____________, can only censor/punish it afterwards
o NY Times v. US – NY times had ____________ of classified _______________ (Pentagon Papers), US Dept. of Defense wanted to stop the newspaper from publishing themo SC said no, they didn’t ________ a clear threat to US
security
MEDIAo News reporters __________ they must have
confidentiality to protest their sources in order to protect free _________
o Shield Laws – give that ________________
Radio and TVo Regulated by gov. because they use “___________
property” (airwaves) to present their messageo FCC (Federal Communications Commission)
___________o SC says that the _____________ are a right of the
listeners and viewers and not the broadcasters
SYMBOLIC SPEECHo SC believes some conduct is done to express an
__________ (symbols, gestures, facial expressions, etc.)
o Picketing – _____________ of business by workers on strike – as long as its peaceful its allowed
o Tinker v. Des Moines – students wore black armbands to ______________ Vietnam War and were suspended o SC said school was _____________
o Flag Burning – very controversial o SC has twice ruled that this is ____________ speech
and is allowed
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.
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.)
FREEDOM OF ASSOCIATIONo Freedom of Association – also considered to be protected
by freedom of assembly right to ______________ with any group you wish
o NAACP v. Alabama – state law required that NAACP turn over the ______________ of all its members in the state o Refused, so ___________ steeplyo SC said AL wrong – there was no reason that the state
needed to know who was a ______________
CIVIL LIBERTIES: PROTECTING INDIVIDUALS RIGHTS
UNIT 7, NOTES 3
DUE PROCESSo There are 2 Due Process ___________ in the Constitutiono 5th Amendment – Fed. Gov. can’t ________ person of life,
liberty, ___________ without due process of lawo 14th Amendment – places those same _____________ on
states
DUE PROCESSo Supreme Court ___________ to give due process an exact
_________________ o They find its meaning on a case-by-case _________
o Ultimately means that whatever government does, it must act ____________ and follow established rules o Must be ____________________
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.
PRIVACYo Due process also includes the right to privacy = “to be
free from unwanted ______________ into one’s privacy”o Not specifically mentioned, but we consider it a
_________________ right (5th, 14th, and 9th Amendments)o Most controversial __________________ of privacy rights
= Roe vs. Wadeo SC struck down TX law that made abortion ____________o 14th Amendment due process = right to privacy for a woman
to do what _______ wants with her __________
RIGHT TO KEEP AND BEAR ARMSo 2nd Amendment – controversial
because many __________ it should extend to the individuals right to own/carry a gun
o SC not clear on this one – usually __________ the rights of _________ to invoke gun control
SECURITY OF HOME AND PERSON 3rd Amendment = ___________
Troops Not ______________ today 4th Amendment = Illegal search
and __________ Designed to _________ use of
___________ warrants
PROBABLE CAUSEo Probable Cause – police have no general right to
_________ for evidence or seize _____________ or persons
o Proper ____________ must be issued by a court – obtained with probable __________o Reasonable __________________ of a crime
o Police don’t always have to have warrant – if evidence is in “___________________”
ARRESTSo Arrests – most take place without a _______________, but
still must have ________________ causeo Police have right to search any area where person may
____________ a weapono 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
EXCLUSIONARY RULE Exclusionary Rule –
prohibits __________ evidence = evidence seized illegally (without a warrant) is ____________ from trial
RIGHTS OF THE ACCUSEDo Must be considered ________________ until proven
____________ and treated with fair and lawful means throughout the process
o writ of habeas corpus (to have the body) = prevents ____________ arrests and imprisonments o A prisoner must be brought before a court and the officer
must _____________ with reason why the prisoner should not be released
GRAND JURYo Provided by 5th Amendmento Device by which a person accused of a ____________
crime is indicted (formally charged with the crime)o 16 to 23 peopleo _______ of them must vote for a trial for the person to be
indicted; ___________ is then held to be prosecuted o Done in secret proceedings, only the prosecution is presento Meant to protect against overzealous __________________
DOUBLE JEOPARDY 5th amendment Can’t be tried for the same crime
__________ If the jury _________ makes a
decision (hung) then there is no jeopardy (like trial __________ happened)
SELF-INCRIMINATION 5th Amendment – don’t have to
be a witness ____________ yourself
Burden of proof is on the prosecution – defendant doesn’t have to prove he is _____________
SPEEDY AND PUBLIC TRIALS 6th Amendment Ensure government won’t
________ and leave you in jail Speedy Trial Act of 1974 – length
between arrest and trial can’t be more than _______ days
Public trial – prevent any _________________ to defendant
RIGHTS TO ADEQUATE DEFENSEo 6th Amendment – right to best
_____________ defenseo Gideon v. Wainwright = must have
____________ if can’t _________ one
o Escobedo v. Illinois – if accused asks for __________ during questioning, one must be provided
MIRANDA V. ARIZONA SC invoked the Miranda Rule – before police
can question a ______________, they must be:1. Told of the right to remain ______________2. Warned anything they say can be used at
trial3. Have a _____________ to an attorney4. If can’t afford an ____________ the state will
provide one5. May bring police questioning to an _________
at any time
8TH AMENDMENTo Bail or a fine for a case must be ________________ in
relation to the seriousness of the crimeo Bail = money the accused must post (deposit to court) as
a _________________ that he will appear in court; if bail is posted, accused may go homeo Why? = belief that people should not be jailed until found
__________, and its easier for the defendant to prepare for trial outside of __________
o But not everyone is automatically entitled to bail – Const. only says the amount won’t be _______________
o Can be denied bail if there is good reason to believe the person may not _________ for trail or if the person is deemed very __________________
8TH AMENDMENTo Cruel and ______________ punishment may not be usedo This is to prevent “barbaric tortures”o SC has only heard a few cases – all __________ with capital
punishmento Capital punishment = punishment by ____________o SC has upheld state laws that require a 2 trial systemo One to determine guilt or innocence and the other to determine if
the ____________ warrants the death penaltyoOnly for crimes resulting in the __________ of the
______________oMany have appealed to the SC, but they have ___________
found that the death penalty, if applied fairly, is ___________________