Judicial Branch Review The Facts Judicial Branch interprets

Judicial Branch { Review

The Facts Judicial Branch interprets the laws. Article III of the Constitution defines the Judicial branch Judicial Power is defined as the rights of the courts to apply the laws to individuals and governmental actions. The Bill of Rights within the Constitution defines our rights- Think of the Amendments and the protections within them that is guaranteed by the Constitution: Right of free speech Right to bear arms Right to vote at 18 So many Amendments that define our rights, our civil liberties. Due Process Clause was written in to ensure the national government nor the states could deny people any basic or essential liberties and that they must follow the rules as well.

Basic Rights if accused of a crime States’ police power is defined as the right to protect public health, safety, morals and general welfare. Every person is by law to have a fair trial, have a trial within a reasonable time, be tried in front of their peers (trial by jury) and have an adequate defense. Within the Miranda Rights you are guaranteed that if you are accused of a crime and cannot afford a lawyer one will be provided to you. The Miranda Rights are the police informing a person/suspect of their rights prior to questioning upon arrest.

Some examples Some people think because we have our civil liberties under the Bill of Rights think that they can do whatever they like as long as its nonviolent but over time the Supreme Court has had to define these rights. The Supreme Court has ruled that government restrictions on public demonstrations or assemblies are unconstitutional- but they also set the requirements that they must be content neutral and must be unspecific.

Another Example Under the first amendment students feel that they are always protected- but throughout the years there have been issues where students felt their rights had been violated. These cases made it to the Supreme Court to be ruled on and a precedent set. Even though wearing arm bands and burning flags are viewed as being protected by the first amendment of freedom of speech and expression the court has ruled that they cannot be done at a school as it is a disruption to the learning environment. Students in a school setting actually have restricted rights- rights of students in a school setting are different than outside of a school. Students have limited free speech in a school. Some students think they have no rights in a school but this isn’t true.

Random Fact: You cannot pass out political literature and ask people to sign a petition in front of doors to stores or public buildings. You CAN in a parking lot At public parks And on sidewalks