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?

Bell Ringer

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 14th amendment.

Agenda Slides/Notes - US Court

System Supreme Court & 14th

Amendment video Case Studies activity? Closure HW – Set B Questions –

quiz on A&B next block

National Supremacy Marbury v Madison McCulloch 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?

Quick Review

US Courts System

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

Civil Law is the body of

rules defining relationships among private citizens.

Gov. can also be a party to civil action

4. Criminal Law vs. Civil Law

4. Constitutional Courts

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

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. Constitutional Courts

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

Federal Question Cases

Article III & 11th 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-federal-prosecution.html

Dual Court System

1. 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 NJb. 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.

Check for understanding

The Judges

Members of the Supreme Court

All constitutional court judges are nominated by

the President & confirmed by the Senate Senatorial Courtesy: President & Senators from the

state where a judge is to serve coordinate on who to nominate Party background…beware ideology doesn’t always

determine rulings Judicial philosophy Judicial experience Demographics Acceptability

Litmus Test: test of ideological purity in selection of judges

Ex: liberal or conservative stand on certain issues, ie. abortion

5. & 6. Selecting Judges

http://www.washingtonpost.com/blogs/the-fix/wp/2014/10/20/ruth-bader-ginsburg-owns-a-surprisingly-large-number-of-notorious-rbg-t-shirts/

Notorious RBG

What do Presidents think about when selecting

a judge?

What might be the role of interest groups in judicial selections?

Check for understanding

3. Government & the Economy

1860s to 1930sThe 14th Amendment

1860s – 1930s: When can the economy be

regulated by the states and when by the national government?

14th Amendment: Life, liberty and property. Due Process. Citizenship for blacks. Equal Protection.

15th Amendment: Protects right to vote.

14th & 15th Amendments

Warm up by answering A & B Video Questions

Video

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.

Founders View: Federalist 78. Courts are neutral. National Supremacy & Slavery: 1789-1861

Marbury vs. Madison, McCulloch 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

cases- political question, (Rehnquist: “legal positivist)” Personal Liberties and defining rights

Warren Court: liberal protection of rights

Quick Judicial Evolution