Bell Ringer Read the handout What the Justices

Bell Ringer Read the handout: What the Justices think about precedent and stare decisis? 1. Why is adhering to precedent (or stare decisis) important? 2. What do you think would be acceptable grounds for reversing an existing precedent? 3. Which viewpoint values stare decisis more - Strict Constructionist or Activist?

JUDICIAL 2

Today we will … Objectives Explain what is meant by the dual court system and describe how it impacts the way cases move through the system. Determine how justices are selected. Examine the equal protection clause of the 14 th amendment. Agenda Slides/Notes - US Court System Supreme Court & 14 th Amendment video Case Studies activity? Closure HW – Set B Questions – quiz on A&B next block

Quick Review National Supremacy Marbury v Madison Mc. Culloch v Maryland Commerce Clause & state sovereignty 1. How does judicial review empower the Supreme Court within the system of checks and balances? 2. How might judicial activism influence decisions made by individual judges when deciding cases heard by the court?

US Courts System

4. Criminal Law vs. Civil Law Criminal law is the body of rules defining offense that, though they may harm an individual (such as rape or robbery) are considered to be offenses against society as a whole and thus warrant punishment by and in the name of society. Government is responsible for enforcing criminal law the States Criminal caseload of federal judges is growing.

4. Criminal Law vs. Civil Law is the body of rules defining relationships among private citizens. Gov. can also be a party to civil action

4. Constitutional Courts Constitution & Judiciary Act of 1789 Article III Judges serve during good behavior Salaries not reduced while in office

4. Constitutional Courts District Courts: 94 - min. 1 per state Trial courts at the federal level Original jurisdiction, not appellate Decide civil & criminal cases arising under the Constitution & federal laws or treaties. Courts of Appeal: 13 - 11 regions + DC & Federal Appeals 1891 - intended to lessen the load of the Supreme Court Panel of judges only hear appeal cases Federal Circuit hears cases involving federal agencies

4. Legislative Courts Created by Congress & may be removed by an act of Congress Highly specialized areas of jurisdiction Carry out functions that were once legislative duties Fixed terms of office, justices can be removed or demoted Examples Court of Military Appeals Court of International Trade Tax Court Territorial Courts

4. Dual Court System

Dual Court System Federal Question Cases Article III & 11 th Amendment Concerning the Constitution, federal laws, treaties Federal criminal laws, appeals from federal regulatory agencies, bankruptcy & controversies between two states Diversity Cases: involving citizens of different states & at least $75, 000 in damages (“don’t make a federal case out of it!”) State Courts – all else left to states Can be appealed to SC Dual Sovereignty – if both federal & state laws have been broken, case can be tried in either court http: //www. nolo. com/legal-encyclopedia/state-federalprosecution. html

1. Check for understanding A citizen of New York injured in a traffic accident sues the New Jersey citizen who was driving the car, and the complaint asks for damages in excess of $75, 000. a. Either federal court in NY or NJ b. State court in the plaintiff’s state only. c. A court of appeals. d. State court in the defendant’s state only. 2. If you wish to declare bankruptcy, you must do so in a. court in the state in which you reside. b. a state appellate court. c. a federal appellate court. d. the U. S. Supreme Court. e. a federal district court.

The Judges

Members of the Supreme Court

5. & 6. Selecting Judges Ø All constitutional court judges are nominated by the President & confirmed by the Senate Ø Senatorial Courtesy: President & Senators from the state where a judge is to serve coordinate on who to nominate Ø Party background…beware ideology doesn’t always determine rulings Ø Judicial philosophy Ø Judicial experience Ø Demographics Ø Acceptability Ø Litmus Test: test of ideological purity in selection of judges Ø Ex: liberal or conservative stand on certain issues, ie. abortion

Notorious RBG http: //www. washingtonp ost. com/blogs/thefix/wp/2014/10/20/ruthbader-ginsburg-owns-asurprisingly-largenumber-of-notorious-rbg -t-shirts/

Check for understanding What do Presidents think about when selecting a judge? What might be the role of interest groups in judicial selections?

3. Government & the Economy 1860 s to 1930 s The 14 th Amendment

th 14 & th 15 Amendments 1860 s – 1930 s: When can the economy be regulated by the states and when by the national government? 14 th Amendment: Life, liberty and property. Due Process. Citizenship for blacks. Equal Protection. 15 th Amendment: Protects right to vote.

Video Warm up by answering A & B Video Questions

CLOSURE A. Describe one way in which the United States Supreme Court is insulated from public opinion. B. Describe one way the United States Supreme Court is kept from deviating too far from public opinion. Homework: Judicial Questions set B Quiz next time on all Judicial Questions.

Quick Judicial Evolution Founders View: Federalist 78. Courts are neutral. National Supremacy & Slavery: 1789 -1861 Marbury vs. Madison, Mc. Culloch v. Maryland, Judicial Review, Federal Supremacy- interstate commerce, Legal Segregation/ Discrimination Government & Economy: 1865 - 1936 Judicial Activism in business regulation Private property, incorporation not civil rights Government & Political Liberty: 1936 to present? Court defers to legislature in economic regulation casespolitical question, (Rehnquist: “legal positivist)” Personal Liberties and defining rights Warren Court: liberal protection of rights