DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 09/10/10, Topic: Judiciary2) Next line, write “Opener #11” and then:

1) Write 1 high+1 low in last 24 hours2) Rate your understanding of yesterday: lost<1-5>too easy (3 is perfect)

3) Respond to the Opener by writing at least 1 sentences about:Your opinions/thoughts OR/AND

Questions sparked by the clip OR/AND

Summary of the clip OR/AND

Announcements: None

Agenda1) How to argue cases?

Primary Objective1) Learning how to defend your rights.

Reminder1) Find & complete your 4 news pods

Review1) Judiciary: 1 of the 3 branches, designed to be most independent (protect minority rights). Power to interpret: kill laws or force actions.2) Judicial Review: Cases brought to it, judiciary’s power to strike down part of laws (Marbury v Madison: strike part of Jud Act 1789)

Review3) Loose Interpretation: Interpret Constitution loosely to evolve with changing times. 4) Strict Interpretation : Stick to literal word meaning of the Constitution

Notes #11a, Title: “Judiciary Notes” 1) Judicial Activism: Court should not shy from being early in solving public controversies.2) Judicial Restraint: Court should wait until the more democratic branches exhaust resolving public controversies.

Journ #11a, “Con Interpretation Debate 2”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: Jud Restraint1) Judges are not elected or confirmed by the ppl2) 9 Justices aren’t wiser than Congress + President, or millions ppl3) Who gives 9 Justices the right to override the democratic process?

PRO: Jud Activism1) Life term judges have can make decisions free of politics2) Federal judges are wiser than Pres/Cong3) Society at times needs a jumpstart to do what’s right (Brown v Board)

Notes #11b, Title: “Judiciary Notes” 3) 3 Levels to Federal Court: Supreme Court (1)Circuit Court of Appeals (13):

We are in the 9th CircuitDistrict Trial Court (94):

We are in the Northern CA Fed District Court82% Male, 18% Female, 49% GOP, 45% DEM82% White, 5% Hispanic, 0.5% Asian

4) All Federal Judges: Appointed by President > confirmed by Senate serve for life.*

*Tradition is for Cir+Dist nominees, Pres ask local Senators, also any Senator can hold up.

N. CADistrict

JudgeEdward Chen

(appointed by Pres. Obama)

CA is part of the 9th Circuit Court

28 judges rotate the 9th

9th

Circuit

FYI1) Judge: Judge on any of the courts lower than the highest court (their decision has the same power as a higher court, except they can be reversed by higher court)

2) Justice: Judge on the highest court (their decision can only be reversed by constitutional amendment*)

*Technically, the Constitution has given Congress the power to remove certain topics from the jurisdiction of the court, this has never been done (Art 3, Sec 2).

5) SCOTUS: Supreme Court of the U.S., 9 judges. 4 of 9 judges to take a case, 5 of 9 for a decision. Chief Just. Roberts.

SCOTUS: 9 Justices

9th

Justices

Three Kinky Southern Girls Bring Rapper Kanye Scandals Aplenty

1) Ginsburg - LIB2) Sotomayer - LIB3) Kagan - LIB4) Breyer - LIB5) Kennedy - SWING VOTE (LEANS CON)6) Roberts - CON, CHIEF JUSTICE7) Alito - CON8) Thomas - CON9) Scalia - CON

Notes #11b, Title: “Judiciary Notes” 6) Precedent/ Stare Decisis: Make laws more

predictable, judges obligated to rule in current case as it had in similar past cases. Lower court must obey past decisions made by higher courts.

Court if persuaded can reverse its own decision, or decisions of lower court.

Example:9 follow SCOTUSNor Cal District

follow 99 no need follow

13

Past Cases

Current Case:Cases are never identicalto past cases.

No Yes

Journ #11b, Title “Precedent Practice”

With a partner, write YES or NO, if it is allowed (include their name):1) 9th Circuit reverses a decision made by the Nor. CA District court.2) 9th Circuit reverses a decision by the So. NY District court.3) 9th Circuit reverses a decision by the 5th Circuit Court.4) 9th Circuit reverses a decision by SCOTUS.5) SCOTUS reverses a decision by the 9th Circuit.6) SCOTUS reverses a past decision by SCOTUS.7) President and Congress reverse a decision by SCOTUS.

Journ #11c, Title “Precedent Argument”

1) Using conflicting past precedent, draft an argument to either: either get the laptop back or to fight to have the teacher keep it.

Start with these lines:May it please the court, I am counsel for X. [then start your reasoning, example, based on the past decision of…]

Homework: 1) Study today’s notes + journal

sections for a possible journal quiz.2) Pick and listen to your 4 news

podcast by next Monday.

Journal Check: If your name is called, drop off your journal with Mr. Chiang (if requested, points lost if your journal is not turned in)