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SCOTUS
What the Constitution Says
Article III
"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."
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.
TREASON!!!!!!
"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.
First act by Congress
SB: Noel Francisco
AG: William Barr
1790
Revised in 1909, 1940, 1948, 1994, and 2016
Limited to Article III Section 2 and the Federal Criminal Code
Original Jurisdiction
Appellate Jurisdiction
678 judges spread over 94 district courts
This is where most federal cases start
Hear appeals from lower federal courts
12 districts (11 + DC)
Bound by precedent
In Ohio:
7 OH Supreme Court Justices
69 District court Judges (12 districts)
391 Courts for Common Pleas
1791
Civil Rights? Constitutional rights of all persons to due process and equal protection under the law. Includes rights AGAINST discrimination
Civil Liberties? constitutional FREEDOMS of all persons against government restriction on the freedom of conscience, religion and expression
Establishes citizenship
and
Guarantees CITIZENS equal protection under the law
SCOTUS actually UPHELD Gitlow's conviction BUT...
Opened the door for FUTURE interpretations that the Bill of Rights applied to States
Or if we are at war.
"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."
Founding fathers couldn't have anticipated that this would be such a point of continued debate
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"
Griswold v Connecticut 1965 identified "zones" of 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."
First Amendment
Third Amendment
Fourth Amendment
Ninth Amendment
Fourteenth Amendment
13th
14th
15th
19th
24th
Federal Civil Rights Act 1957
Civil Rights Act of 1964
Voting Rights Act of 1965
Fair Housing Act 1968
Struggle SHOULD have ended with the 13th amendment in 1865... or the 14th in 1868... or the 15th in 1870...
Says that state laws separating race did NOT violate the 14th amendment
As long as Blacks were economically stuck in the South White southerners could control Congress
BUT.
WWI and WWII create Great Migration-- pulls Blacks out of the south and into Northern cities
Completely changes the VOTING power of Blacks
Movement for women's suffrage begins in 1848
WWI gives women leverage
19th Amendment 1919
Chinese Exclusionary Act 1882
Gentleman's Agreement (1907)
Immigration Act (1924)
Executive Order 9066 (1942)
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"