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Judicial Branch:

SCOTUS

What the Constitution Says

Article III

Part 1

Section 1:

"The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office."

Section 1

Section 2:

Section 2

1. Judicial power covers all laws/treaties

2. Supreme Court has original jurisdiction in cases between states, and cases involving ambassadors/f. ministers. In all other cases Supreme Court = appellate powers

3. (Except impeachment) all crimes tried by jury in state they were committed.

Section 3:

TREASON!!!!!!

Section 3

"levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open" court.

What the framers did NOT want:

  • Direct elections of judges
  • involvement of the HOUSE
  • Term limits
  • Access to the military or police

Did not want.

Judiciary Act of 1789

First act by Congress

  • Established a 3 tier system
  • Established position of Attorney General and Solicitor General

Judiciary Act

1789

SB: Noel Francisco

AG: William Barr

Federal Criminal Code:

1790

Federal Criminal Code(s)

Revised in 1909, 1940, 1948, 1994, and 2016

Jurisdiction

Limited to Article III Section 2 and the Federal Criminal Code

Original Jurisdiction

Appellate Jurisdiction

District Courts

678 judges spread over 94 district courts

This is where most federal cases start

Circuit Court of Appeals

Hear appeals from lower federal courts

12 districts (11 + DC)

Bound by precedent

State Courts:

  • Established by state constitutions
  • Judges are ELECTED
  • Hear cases of STATE law

In Ohio:

7 OH Supreme Court Justices

69 District court Judges (12 districts)

391 Courts for Common Pleas

Bill of Rights

1791

Bill of Rights

Supreme Court

  • "Court of last resort"
  • 9 Justices
  • Hear oral arguments
  • Solicitor General represents the United States
  • Has power of Judicial Review

Supreme Court of the United States

Rights v. Liberties

Civil Rights? Constitutional rights of all persons to due process and equal protection under the law. Includes rights AGAINST discrimination

Part 2

Civil Liberties? constitutional FREEDOMS of all persons against government restriction on the freedom of conscience, religion and expression

1868: 14th Amendment

Establishes citizenship

and

Guarantees CITIZENS equal protection under the law

14th Amendment

7-2 decision

SCOTUS actually UPHELD Gitlow's conviction BUT...

Opened the door for FUTURE interpretations that the Bill of Rights applied to States

Gitlow

v

New York

1925

But none of it matters if you are not a citizen.

Citizenship

Or if we are at war.

First Amendment

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

First Amendment

Originally stemmed from a lasting fear of the Church of England.

Founding fathers couldn't have anticipated that this would be such a point of continued debate

Religion

1. clear legislative purpose?

2. advance or hinder a specific religion?

3. does it create entanglement to enforce?

1971: Lemon v Kurtzman

Establishes the "Lemon Test"

Debate centers on where YOUR free speech ends and the common good begins...

Speech

Griswold v Connecticut 1965 identified "zones" of privacy

Right to Privacy?

What the Fourth Amendment says:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Fourth Amendment

First Amendment

Third Amendment

Fourth Amendment

Ninth Amendment

Fourteenth Amendment

Disenfranchised Groups

Part 3

In the Constitution:

The LAW

13th

14th

15th

19th

24th

Federal Civil Rights Act 1957

Civil Rights Act of 1964

Voting Rights Act of 1965

Fair Housing Act 1968

The Struggle is long ... and REAL.

Struggle SHOULD have ended with the 13th amendment in 1865... or the 14th in 1868... or the 15th in 1870...

African Americans

Legalizes segregation

Says that state laws separating race did NOT violate the 14th amendment

Plessy v Ferguson

1896

All about the votes

As long as Blacks were economically stuck in the South White southerners could control Congress

The Struggle

BUT.

WWI and WWII create Great Migration-- pulls Blacks out of the south and into Northern cities

Completely changes the VOTING power of Blacks

Women

Movement for women's suffrage begins in 1848

WWI gives women leverage

19th Amendment 1919

Women

Asians

Chinese Exclusionary Act 1882

Gentleman's Agreement (1907)

Immigration Act (1924)

Executive Order 9066 (1942)

Asians

Legal Classification:

UN-classified Groups

Rational Basis Test

Burden of proof falls to the accusing party

must prove the law has no rational or legit government purpose

Suspect Classification and Strict Scrutiny Test

Burden of proof falls to the GOVERNMENT to justify a classification

must prove that there is no other way to "classify"

Burden of proof on the government

must prove that its classifications serve "important government objective"

Some argue that the law does not equally protect because it cannot protect equal ACCESS

Groups that probably SHOULD have classification

  • Poverty
  • Age
  • Sexual Orientation
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