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Bio of SC Justices, judicial branch background
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IN GENERAL, DO YOU AGREE OR DISAGREE THAT AN INDIVIDUAL SHOULD HAVE A RIGHT TO HAVE A REGISTERED HANDGUN AT HOME?
If you agree-
If you disagree…
WOULD YOU FAVOR OR OPPOSE A BAN IN YOUR STATE ON ABORTIONS PERFORMED LATE IN THE TERM OF A PREGNANCY (PARTIAL-BIRTH)?
If you favor-
If you oppose-
DO YOU AGREE THAT CORPORATIONS SHOULD BE ABLE TO SPEND THEIR PROFITS ON TV ADS INFLUENCING VOTERS IN ELECTIONS?
If you agree…
If you disagree-
SHOULD NONCITIZENS SUSPECTED OF TERRORISM AND DETAINED IN U.S. MILITARY PRISONS BE ABLE TO CHALLENGE THEIR DETENTIONS IN THE U.S. CIVILIAN COURT SYSTEM?YES…
NO…
SHOULD THE GOVERNMENT APPLY THE DEATH PENALTY FOR A PERSON CONVICTED OF RAPING A CHILD?
YES…
NO....
SHOULD A STATE BE ALLOWED TO SENTENCE TO LIFE IN PRISON A PERSON UNDER 18 CONVICTED OF BURGLARY?
Yes…
No…
THE JUDICIAL BRANCH
SOURCES OF AMERICAN LAW
Common Law As a way to unite the country under Norman rule, 11th
century English Kings established courts. Courts used Year Books as a way to record important
decisions from year to year. Judges used these Year Books as a guide for similar cases
This judicial process has evolved over time but is essentially the same today and is known as “common law”.
CIVIL LAW VS. CRIMINAL LAW
Laws can be classified in two ways: Civil Law
Cases between persons or between citizens and their government ex: business contracts
The object of these cases is to obtain compensation – usually money
Criminal Law Deals with crimes committed against the public as a whole. The government seeks to impose a penalty on a person
suspected of violating a criminal law. Ex: robbery of a gas station or murder
ESTABLISHMENT OF JUDICIAL BRANCH
Article III of the Constitution Marbury v. Madison
1st time the Supreme Court declared something "unconstitutional”
Established the concept of judicial review in the U.S. Idea that courts may oversee and nullify the actions of
another branch of government Helped define the “checks and balances of
the American form of government.
STRUCTURE OF FEDERAL COURT SYSTEM
3 Tiered U.S. district courts
Trial courts Testimony by each side, Jury or Judges decide on result
U.S. courts of appeals Appellate courts (aka: circuit court of appeals)
13 appellate courts located in judicial circuits throughout the country
Do not hear testimony or examine evidence. Instead, they review the lower courts decision and determine if mistakes were made.
U.S. Supreme Court
SUPREME COURT
Top of the Judicial Branch in the Federal Government.
Final say in all matters dealing with the United States Constitution.
9 Justices on Supreme Court
Justices hold office during good behavior On the court until they
die or retire
SUPREME COURT
Generally Supreme Court hears fewer than 100 cases per year
How do you bring a case before the Supreme Court?Writ of Certiorari
Order sent by Supreme to a lower court requesting record of the case in question
Remember Gideon?
SUPREME COURT
Opinions Written on Case: Unanimous Opinion:
All of the judges agree and one opinion for court is written
Majority Opinion: Opinion written when only
most judges are in agreement Concurring Opinion:
Written when justice wants to emphasize specific point
Dissenting Opinion: Written when one justice
disagrees with majority decision
JOHN ROBERTSChief Justice Appointed by
George W. Bush.Took his seat on
High Court on 9/25/05.
Graduate of Harvard and Harvard Law
Born 1/27/55Right leaning….
CHIEF JUSTICE DUTIES ROBERTS COURT Chancellor of the
Smithsonian Non-judicial Leads the Judicial
Conference of the US- makes
court rules Gives Oath of Office at
Presidential inaugurations
Pretty conservative Non-judicial Generally seen as
pro-free speech Recently challenged “protects speech that it likes,
allows regulation of speech it disfavors”
Snyder v. Phelps- ruled in favor of Westboro, Phelps (2010)
SAMUEL ANTHONY ALITO JR.Associate Justice.Appointed by
George W. BushTook his seat on the
High Court on 1/31/06.
Graduate of Princeton and Yale Law.
Born 4/1/50Right leaning…
ANTONIN SCALIAAssociate JusticeAppointed by Ronald
Reagan.Took his seat on the
High Court on 9/26/86.
Graduate of Georgetown and Harvard Law.
Born 3/11/36.RIGHT leaning….
ANTHONY KENNEDYAssociate JusticeAppointed by Ronald
Reagan.Took his seat on the
High Court on 2/18/88.Graduated from
Stanford and Harvard Law.
Born 7/23/36.Moderate….
CLARENCE THOMASAssociate JusticeAppointed by
George HW Bush.Took his seat on
the High Court on 10/23/91.
Graduate of Holy Cross and Yale Law
Born 6/23/48.RIGHT leaning….
RUTH BADER GINSBURGAssociate JusticeAppointed by
William Clinton.Took her seat on
the High Court on 8/10/93.
Graduate of Cornell and Columbia Law.
Born 3/15/33.LEFT leaning….
STEPHEN BREYERAssociate Justice.Appointed by
William Clinton.Took his seat on
the High Court on 8/3/94
Graduate of Stanford and Harvard Law.
Born 8/15/38.LEFT leaning….
ELENA KAGANAssociate Justice.Appointed By
Barack Obama.Took her seat on
the High Court on 8/7/10.
Graduate of Princeton, Oxford and Harvard Law.
Born 4/28/60.Left leaning….
SONIA SOTOMAYOR Associate Justice Appointed by Barack
Obama Took her seat on the
High Court on 9/08/2009.
Graduate of Princeton and Yale Law
Born 6/25/1954. Left leaning….
RELATIONS WITH THE EXECUTIVE
Obama’s 2010 SOTU Criticized the Supreme Court Alito seen frowning, mouthing “not true” Roberts commented- “one branch of government
standing up, literally surrounding the Supreme Court…while the court, according to the requirements of protocal, has to sit there expressionless, I think is very troubling.
AVERAGE DEMOGRAPHICS
Wealthy, upper class Not Sotomayor, ThomasHighly educated, experiencedNo age limitReligious differencesUsually white males
MORSE V. FREDERICK, 2007
2002: Olympic Torch Relay Alaskan 18 y.o. Joseph Frederick- BONG HITS 4 JESUS banner across the street from his
high school. HS Principal Morse suspended him 10 days
Frederick- sues a civil rights lawsuit- constitutional right of free speech violated.
1. Suit dismissed by federal district court Tinker precedent- defined student rights
2. 9th Court of Appeals reverses- said his speech rights WERE violated. Can school regulate off-school speech? No!
Several groups filed amici curiae in support of Frederick (the student) ACLU Center for Individual
Rights, National Coalition against Censorhip, Students for Sensible Drug Policy
Also some Christian right groups (if schools banned “offensive” speech they could ban religious speech if administrators disagree)
School board petitioned to the Supreme Court- 3. SC decides to hear the case in 2006. The school board-
School message is anti-drug Student argues-
Torch relay not school sponsored Did not step on school property before unrolling the
banner The message was purely humorous Did not disrupt anything.
Supreme Court- School officials did NOT violate 1st Amendment. School speech should apply- his speech was
at a school event Speech promoted illegal drug use A principal can legally restrict this speech
(based on other precedents) Ruling: First Amendment does not prevent
educators from suppressing student speech ad a school-supervised event that promotes illegal drug usage
Lawyer: This is a case about free speech. Roberts: This is a case about money. Your
client wants money from the principal personally.
Dissent- Justices John Paul Stevens,
Souter, Ginsburg- Violence to the 1st Amendment Cannot regulate speech because it
refers to drugs Cannot use censorship Brought up legalizing marijuana
“surely our national experience with alcohol should…suggest that it would be better to tax and regulate marijuana than to persevere in a futile effort to ban its use entirely.”