OBJECTIVES: COMPARE and CONTRAST federal

and state court systems LIST and EXPLAIN the differences

between criminal and civil cases DESCRIBE the basic structure of the

Supreme Court SUMMARIZE Supreme Court

decisions WRITE a legal brief from a Supreme

Court case

April 20 Vocab. Quiz Article Criminal Rights Amendments Notes over Civil Liberties/group

discussion

Student wears a baseball hat to school and refuses to take it off when asked by an administrator. The student is sent to ISR for rule violation and insubordination.

Where does the school get the authority to discipline the student?

Another student starts a fire in a trashcan and destroys part of the 300s bathroom. The student is suspended AND arrested.

From where does the authority come to arrest her?

What if the student wanted to “challenge” or “fight” the decision made by the school or local police…where would he/she go?

US GOVERNMENT

The Judicial Branch Notes

The Unalienable Rights When the United States was

formed the framers wanted to ensure individual rights against those of the government.

However, these rights can be restricted when they come into conflict with the rights of others.

Each person’s rights are relative to the rights of every other person.

Example: Every person has the right of free speech, but no one enjoys absolute freedom of speech. A person can be punished for using obscene language.

Apollo Media Corporation v. United States 1999, upheld a federal law that makes it illegal for anyone to send obscene and intentionally annoying e-mail via the internet.

The Constitution Includes a general listing of the

rights of the people, Bill of Rights The 13th and 14th Amendments

added guarantees of personal freedoms.

Guarantees both rights and liberties to the American people.

Civil liberties are protections against government.– They are guarantees of the safety of

persons, opinions, and property from arbitrary acts of government.

– Examples: Freedom of Religion, speech, and press, and the guarantee of a fair trial.

Civil rights are reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.– Examples: Prohibiting

discrimination on the basis of race, sex, religious beliefs, or national origin, set out in the Civil Rights Act of 1964.

When Rights Conflict Example: Freedom of the press

versus the right to a fair trial. Sheppard v. Maxwell, 1966--- (p.

534)

– What was the issue and what was the court’s decision?

– Do you agree with the court’s decision?

To Whom Are Rights Guaranteed?

Is it right to restrict the travel of aliens within the United States?

Was the US justified in the forced evacuation of people of Japanese descent on the Pacific Coast?

14th Amendment The Bill of Rights apply against

the National government, not the states.

State constitutions contain a bill of rights.

States also cannot deny basic rights because of the 14th Amendment’s Due Process Clause.

Due Process Clause– means that NO State can deny to any person any right that is basic to the order of liberty.– Process of Incorporation– The Court

has merged most of the guarantees in the Bill of Rights into the 14th Amendment’s Due Process Clause.

9th Amendment Declares that there are rights

beyond those set out in the Constitution. – Examples: The right of an accused

person to not be tried on evidence that is unlawfully gained.

– The right of a woman to have an abortion without undue interference by government.