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The Judicial Branch

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Tom Fogarty

on 16 January 2013

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Transcript of The Judicial Branch

The US Constitution The Supreme Court Federal Court is basically a three-tiered model consisting of:
US district courts and various specialized courts
Intermediate Court of Appeals
The US Supreme Court
This model was established by the Judiciary Act of 1789. President is one of the many checks and balances created.
The president appoints the
federal judges The Judicial Branch There are 13 courts of appeals
Courts that have jurisdiction to
review cases tried in lower courts
Court of Appeals do not conduct
another trial but rather review the
the record of the case on appeal
Cases must go through the Court of
Appeals before reaching the Supreme
Court all the land
Justices are appointed by President and approved by the Senate
Decisions affect case law
Rule of Four- Four Supreme Court Justices must vote in favor of hearing a case
Writ of Certiorari- an order from the Supreme Court for the lower court to send up a case for review District courts are trial
courts where trials are held
and testimony is taken
Courts of general jurisdiction- hear cases involving a broad array of issues By: Tom Fogarty, Eric Zins,
Harry Reber, David Stier Article III gives power to the
federal court

Courts are independent of
legislative and executive branches Court of Appeals District Courts The Constitution is the roots of the judicial branch
The Constitution gives the judicial branch the power to enforce the supreme law of the land
Article Three gives Congress the power to determine shape and structure of the federal judiciary
Article Three also allows Congress to dictate the number of Supreme Court Justices and create inferior federal courts The President Congress Congress also acts as checks and balances on the judicial branch
Has power to abolish and reorganize courts lower than the supreme court
Senate has to approve who the President nominates to serve as a Justice on the Supreme Court Federal Courts The Supreme Court is the highest court in Three types of Supreme Court decisions:
Unanimous opinion- All Justices agree
Majority Opinion-Opinion reflects the majority of justices
Concurring Opinion- Separate opinion that supports the majority but for a different reason
Dissenting Opinion- Separate opinion prepared by a justice of the minority Civil liberties are aspects of life of the person has a right to hold. (What someone can do)
Eg. Freedom of religion
Civil Rights are aspects of life of which no one has a right to infringe upon. (What cannot be done to someone)
Eg. 14th amendment Civil Rights •Civil Rights defined as rights rooted in 14th Amendment that guarantee equal protection under the law
•Process of gaining Civil Rights quickened by Supreme Court decisions and federal laws
Dred Scott v Sanford (1857) = Decision decided Africans weren’t citizens
Enforcement Act of 1879 (AKA Anti-KKK Act) = Made it a federal crime to use law to deprive individual of his rights
Plessy v Ferguson ((1898) = Declared Separate but Equal Constitutional
Brown v Board of Topeka (1954) = Declared Separate but Equal unconstitutional in founding schools
Civil Rights Act of 1964 = Most far-reaching bill on civil rights which forbade discrimination based on race, color, religion, gender, or national origin. Unrest in society among African Americans also caused a lot of awareness on civil rights
Black Power, led by Malcolm X, advocated a violent and forceful approach toward gaining rights
Martin Luther King Jr. led a nonviolent approach towards awareness Feminist in America such as Elizabeth Cady Stanton and Lucretia Mott were also campaigning for an expansion of women rights
True suffrage for women was not reached until 1920
Organizations such as National Organization for Women and National Women Suffrage Association greatly helped this process. Civil Rights and Civil Liberties Civil Liberties 14th Amendment:
Privileges & Immunities Clause: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...."

Due Process Clause: Guarantees procedural process in criminal and civil proceedings

Equal Protection Clause:"no state shall ... deny to any person within its jurisdiction the equal protection of the laws." Protected by the Constitution
- Especially the Bill of Rights First Amendment:
Freedom of Religion
Freedom of Speech
Freedom of Press
Right to Peaceably Assemble
Right to Petition the Gov't *While Civil Rights set what cannot be done to a citizen, Civil Liberties set what a citizen can do; what freedoms someone has* Works Cited
"About District Court." About District Court. Web. 15 Jan. 2013. <http://www.courts.state.md.us/district/about.html>.
"Biographies of Current Justices of the Supreme Court." United States Government. Web. 15 Jan. 2013. <http://www.supremecourt.gov/about/biographies.aspx>.
"Federal Courts." USCOURTSGOV RSS. Web. 15 Jan. 2013. <http://www.uscourts.gov/FederalCourts.aspx>.
"Judicial Branch Intro." YouTube. Web. 15 Jan. 2013. <http://www.youtube.com/watch?feature=player_embedded>.
"Milestones in the Modern Civil Rights Movement." Infoplease. Web. 15 Jan. 2013. <http://www.infoplease.com/spot/civilrightstimeline1.html>.
"Transcript of the Constitution of the United States - Official Text." Transcript of the Constitution of the United States - Official Text. Web. 15 Jan. 2013. <http://www.archives.gov/exhibits/charters/constitution_transcript.html>.
Full transcript