courts ii 3/1/2012. clearly stated learning objectives upon completion of this course, students will...
TRANSCRIPT
Courts II
3/1/2012
Clearly Stated Learning Objectives
• Upon completion of this course, students will be able to:– understand and interpret the United States
Constitution and apply it to present policy dilemmas
– Identify and explain the role of formal institutions and their effect on policy.
– students will have a better understanding of why our national government works and why the American system of government is unique.
Office Hours and Readings
• Readings- Chapter 11 on the Courts
• Office Hours– Today- 11-2– Wednesday 10-2
JUDICIAL REVIEWThe Real Power of the Courts
Marbury vs. Madison
• Midnight Judges in 1800
• A New System of Checks and Balances
• Overturned by impeachment and amendment
Today’s Court
Left• Bader-Ginsburg (Clinton)• Breyer (Clinton)• Sotomayor (Obama)• Kagan (Obama)
Right• Scalia (Reagan)• Thomas (Bush)• Roberts (GW Bush)• Alito (GW Bush
Applying the Bill of Rights
• Barron v. Baltimore 1883
• Too Bad, the Bill of Rights only applies to actions of the Federal Government
Selective Incorporation
• Application of the 14th Amendment
• Piecemeal application of the Bill of Rights
• Gitlow vs. New York changes this (1925)
Selective Incorporation
Limits on the Court’s Power
• Amendment
• Impeachment
• Judges reverse themselves
• Wait them Out
FREEDOM OF SPEECH AND PRESSProtections from Government
Freedom of Religion: Free Exercise
• Enables you to believe what you want
• Churches are tax-exempt
• Limits on Practice
Freedom of Religion: Establishment
• No national religion
• No specific mention of separation of church and state
The Lemon Test• Lemon V. Kurtzman
– must have a legitimate secular purpose
– must not have the primary effect of either advancing or inhibiting religion;
– not result in an "excessive entanglement" of the government and religion.
School Vouchers and the Lemon Battle
Supporters• Provides students a better
opportunity
• Defray the cost of education for poor/middle class families
• Increases competition in the education marketplace
Opponents• 80% of private schools are
religiously affiliated
• Welfare for the rich
• Vouchers violate the establishment clause
Prayer in School
• Not Since 1962
• What you can’t do
• What you can
Free Speech and Press
• The First Amendment is Fully incorporated
• Very high levels of speech and press
• There are some restrictions
Clear And Present Danger
• Sets the framework for free speech
• Fighting Words
• Threats
WHAT IS PROTECTED?
Hate Speech
• Actually, it is free speech
• Cannot incite immediate violence
Subversive Speech
• Protected under Brandenburg v. Ohio
• It cannot call for imminent violence
• Threats are taken seriously
Literature
• Banned books are pure hype
• There are no federally banned books in the United States
• Books are challenged at the local level and can be removed from libraries
WHAT IS NOT PROTECTED
Neither is protected
Obscenity
• No socially redeeming value
• “I Know it when I see it”
• Regulated by community standards
Community Standards
What We See and Hear
• FCC Regulates Content
• TV and Radio have strict guidelines
• Pay TV and Print are less restrictive
• Internet has few restrictions
Prior Restraint
• Pre-publication censorship
• Troopship information
• National Security