lesson 7: judicial branch gle: gle: 16--evaluate a specific law or court ruling on given criteria...
TRANSCRIPT
Lesson 7: Judicial Branch
GLE: 16--Evaluate a specific law or
court ruling on given criteria (C-1A-H5)
Judicial Branch Dual Court System
Federal Court System States Court System
Every court can only “hear” certain types of cases
Factors determining Jurisdiction Subject Matter Parties Involved
Federal Courts Jurisdiction – right to hear a case Judicial Review – power of the
courts to review acts of Congress for Constitutionality
Grand Jury – hears charges against person suspected of a crime
Indictment – formal accusation charging person with crime (by the grand jury)
Federal Judges President appoints Federal
Judges Senate must confirm
appointments Judges serve for life
The Court System
State vs. Federal Courts
State Court SystemHears MOST legal disputesBoth criminal & civil cases
Criminal: juries decide if crime committed
Civil: one party (person, gov’t, or business) sues another
Federal Court JurisdictionCases that deal with…1. Const’l issues (ex., 1st amend)
2. federal laws (tax evasion, kidnapping, bank robbery)
3. admiralty and maritime laws (seas)
4. US gov’t is involved5. between states6. foreign gov’ts & ambassadors
District CourtsLowest level; 90% of workOriginal jurisdiction: authority to hear cases for the 1st time
Only level with jury trialsMust be tried in state where crime committed
Jurisdiction is based on population
Judges serve for life (federal)
Appeals Courts (Appellate Courts)
Hear cases on appeal from lower district courts; Judges serve life (fed)
Don’t decide guilt or innocence; rule on whether defendant’s rights were protected and on whether received fair trial
Either uphold lower court’s ruling; overturn lower court’s ruling or remand (return it for new trial)
Activity 12: Judicial Branch Current Events Journal
(GLE:16)
Activity 13: What Planet Are You On? (GLE: 16)
Closure
Review Daily Objectives
Lesson 8: The Supreme
Court 16--Evaluate a specific law or
court ruling on given criteria (C-1A-H5)
Section Focus Transparency 11-1 (1 of 2)
Section Focus Transparency 11-1 (2 of 2)
1. None of the states could claim jurisdiction or power over other states.
2. Federal courts; because both parties in the case are not citizens of a single state.
3. Answers will vary but should demonstrate thoughtful reasoning.
Supreme Court “Court of last resort in all
questions of federal law”
9 Supreme Court JusticesChief Justice8 associate justices
Supreme Court Highest court in US Has original jurisdiction
Cases that involve diplomats from foreign countries
Cases in which a state is involved Has appellate jurisdiction in all other
cases Judicial review: court can review any
fed or state law to see if it is in agreement with Const (can declare laws unconst’l)
Supreme Court Justices
8 associate justices & 1 chief justice; Serve for life
Const no qualifications but most lawyers, judges, law professors
Appt by Pres & approve by Senate
Most justices share pol beliefs of Pres (way for Pres to influence for years after)
John Paul Stevens
Appointed in 1975 by President Ford
WWII veteran Most senior
associate justice Lawyer & federal
judge (appted by Nixon)
Sandra Day O’Connor
•Appointed by President Reagan in 1981; first woman
•Announced retirement effective with confirmation of her successor (Samuel Alito)
•Lawyer & federal judge
Antonin Scalia Appointed in 1986 by
President Reagan VERY conservative Law professor & federal judge
Anthony Kennedy
Appointed in 1988 by President Reagan
Nominated after two earlier nominations failed (Robert Bork too conservative & might have overturned Roe v. Wade)
Lawyer & federal judge
David Souter Nominated in 1990 by
George H.W. Bush Federal judge; state
supreme court judge Enjoys mountain
climbing Attended public
schools & later attended Harvard & Oxford
Clarence Thomas Nominated in
1991 by President George H.W. Bush
Problems during confirmation when accused on sexual harassment
Originally studied to become priest
Federal judge
Ruth Bader Ginsberg
Nominated by President Clinton in 1993
Former federal judge and law professor
Controversial for being liberal
Second woman on Supreme Court
Stephen Breyer Nominated by
President Clinton in 1994
Federal judge and law professor
Public high schools, Stanford & Harvard Law Review
John Roberts, Jr.
Nominated by President George W. Bush in 2005
Chief justice of the Supreme Court
Worked as a law clerk for the former chief justice, William Rehnquist (recently died)
Samuel Alito Nominated in
2005 by President George W. Bush to replace Sandra Day O’Connor
Replaced nomination of Harriet Miers
Federal judge In the middle of
confirmation hearings
How Cases Reach the CourtWrit of Certiorari Main route to the Supreme Court An order from the Court to the
lower court to send the records on a case for reviews.
On Appeal Cases that a lower court has ruled
unconstitutional
Supreme Court Decisions and
Opinions 2 weeks justices hear arguments (30 minutes on each side) & then make decisions during 2 week recess
When making decision, each justice gives an opinion & then vote is taken (maj wins)
Need minimum of 6 votes
Landmark Cases
Marbury vs. Madison
Precedent of Judicial Review Established
Plessy v Ferguson
“Separate but equal”
Brown v Board of Education of
TopekaOutlawed segregation in public school
Reversed “separate but equal” doctrine
Roe v Wade Legalized
women’s right to abortion
Activity 14: Analysis of a
Supreme Court Ruling
(GLE: 16)
Activity 15: Supreme
Court Cases Study
(GLE:16) –OPTIONAL
Closure
Review Daily Objectives
Lesson 9: Checks & Balances
GLEs: 9--Analyze or assess issues related to the distribution of
powers at the federal level (e.g., tensions among the three branches of government; roles and responsibilities of the three branches) (C-1A-H3) (Blooms Level: Analysis)
10--Explain the structure and functions of the three branches of the federal government, including regulatory and independent agencies and the court system (C-1A-H4)
11--Cite the roles, duties, qualifications, and terms of office for key elected and appointed officials (C-1A-H4) (Blooms Level: Analysis)
15--Explain the processes and strategies of how a bill becomes a law at the federal and state level (C-1A-H5)
16--Evaluate a specific law or court ruling on given criteria (C-1A-H5)
17--Examine the meaning, implications, or applications of the U.S. Constitution (e.g., the Bill of Rights, the Fourteenth Amendment) (C-1A-H5) (Blooms Level: Evaluation)
1. the judicial branch
2. the president
3. the legislative branch
Checks & Balances
Three Branches
Meets the goals listed in the Preamble
Division of the National Govt. into three parts Legislative—Congress—Makes Laws
Executive—President, Vice President, Cabinet —Enforces Laws
Judicial—Court System, Supreme Court—Interpret Laws (Decides how laws will be applied in different situations)
Power Developed to keep any one of
the three branches from becoming too powerful
Each branch of government is able to check, or limit, the power of others.
Maintains a balance between the branches of government
Executive Branch
President Important Check on the Power of Congress:
Can veto or reject a bill Congress proposes and keep it from becoming a law
Legislative Branch
Congress Check on the President’s Power: Power to override or defeat the President’s veto
To do so requires a vote by two-thirds of the members of both houses of Congress
Judicial Branch Supreme Court
Overrules laws the President & Congress proposes: Supreme Court has the power to decide the meaning of laws and to declare that a law goes against the Constitution
Amending the
Constitution
John Marshall, 1819
“We must never forget that it is…a Constitution intended to endure for
ages to come, and consequently, to be
adapted to the various crises of human affairs.”
The Amendment
Process Amendments proposed at the national level
Ratified on a state-by-state basis
Amendment Process
Proposing Amendments2/3 vote of both houses of Congress
National Convention called by Congress at the request of 2/3 of statesPetition – appeal to
Amendment Process
Ratifying Amendments3/4 of State Legislatures ratify amendment
Each state holds a constitutional Convention and 3/4 ratify amendment
Informal Changes
Congress passes laws to clarify Constitution
Presidents using executive agreementsExecutive Agreement – between heads of state and does not require Senate approval
CustomPolitical Parties
Informal Changes Judicial Review
Judicial Restraint- philosophy that Court should avoid taking initiative on social and political questions
Judicial Activism – philosophy that Court should play role in shaping national policies
First Amendment
Freedom to worship as you prefer
Freedom of Speech and PressPrior Restraint – government censorship of information before it is published or broadcast
Freedom of citizens to demonstrate and criticize the government
Activity 16: Applying
Concepts of Checks and
Balances (GLE: 9)
Activity 17: Analyzing the Three
Branches of Government ( (GLEs: 10,
11)
Activity 18: Examining
the Legislative
Process (GLE: 15)
Activity 19: Amendment Situations (GLE: 17)—OPTIONAL
Closure
Review Daily Objectives
Lesson 10: The Federal
System GLEs: --Explain the distribution of powers, responsibilities, and the limits
of the U.S. federal government (C-1A-H3) (Blooms Level: Analysis) 7--Categorize governmental powers as delegated, reserved,
concurrent, or implied (C-1A-H3) (Blooms Level: Analysis) 8--Identify powers denied to federal or state governments by the
U.S. Constitution (C-1A-H3) (Blooms Level: Analysis) 9--Analyze or assess issues related to the distribution of powers at
the federal level (e.g., tensions among the three branches of government; roles and responsibilities of the three branches) (C-1A-H3) (Blooms Level: Analysis)
10--Explain the structure and functions of the three branches of the federal government, including regulatory and independent agencies and the court system (C-1A-H4) 12--Explain the structure and functions of state, parish, and local governments (C-1A-H4)
13--Discuss the advantages or disadvantages of various types of local government (C-1A-H4)
14--Examine constitutional provisions concerning the relationship between federal and state governments (C-1A-H4) (Blooms Level: Evaluation)
1. as the most important function a Congressional committee can perform
2. Answers will vary but may mention the use of government supplies and equipment and use of paid government time at government facilities.
3. to collect information about the alleged illegal fundraising activities of the DNC.