090210 gov judiciary intro 50m

DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 09/02/10, Topic: Judicial Branch2) Next line, write “Opener #7” 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) Judiciary Intro2) First Case Intro

Primary Objective1) What is the role of the courts?

Reminder1) Homework: complete e-forms at: govandlaw.org/mvhs

Team Quiz (10 Points)Discuss the following questions with your group. Make sure everyone understands how to answer it. Once the quiz paper is passed out, everyone individually writes their own responses. No talking once we start writing. 1 paper will be graded from each group (10 points). Prepare now. Ask Mr. Chiang only if no one in your team knows. When writing, use sentences!

1) Why does the Constitution limit federal power, and how is the law making power of the Fed and states different?2) What is Article 1 Section 8, why is it especially important?

CONSTITUTIONAL CHECKS AND BALANCES:Article 1: Congress/Legislature (House + Senate)Creates the laws

Article 2: President/Executive (President + Implied Bureaucracy)

Executes the laws

Article 3: Federal Courts/Judiciary (US Courts)Interprets the laws (resolves conflicts)

Notes #6a, Title: “Constitution Notes”

5) Federalism in the Constitution: FEDERAL gov can ONLY do what

the Constitution says. Make laws on very specific list of things.

STATE government can do (make laws on) ANYTHING except when forbidden by the US Constitution.

Parenting Analogy: FED: You can only go to the library.STATE: You can go anywhere

except the bar.

Laws and Constitution have

the same power over all of the US,

except…

Laws: Easily changed

Constitution: harder to change (takes

am. to chance amendment)

Laws and Constitution have

the same power over all of the US,

except…

Laws: Easily changed

Constitution: harder to change (takes

am. to chance amendment)

Power of Taxing and Spending: Article 1, Section 8, Clause 1: Power to buy and spend (for the “General Welfare” is very powerful.

Mandates Review: If when the Fed demands the state to do something. If the state refuses, the Fed will deny it money. (States can refuse to obey and lose the money).

c1: “Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts”

Interstate Commerce Clause (ICC): Article 1, Section 8, Clause 3: Initially passed to prevent interstate trade conflicts, courts have allowed Congress to use it to pass MANY laws with a loose connection to economic activity.

NPC Review: NPC by itself has NO power. Congress has to prove the new law is connected to 1-17 like 3 (ICC), then the NPC lets them make it.

c3: “To regulate commerce with foreign nations, and among the several states”

Civil Rights Act of 1964-CONFIRMED

Endangered Species Act of 1973-CONFIRMED

Violence Against Women Act of 1994-REJECTED

Constitution, Amendment 15:Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2 (enforcement clause): The Congress shall have power to enforce this article by appropriate legislation.

Constitution, Hypothetical Amendment:Section 1: The right of citizens of the United States to live without fear of violence.

Section 2 (enforcement clause): The Congress shall have power to enforce this article by appropriate legislation.

Notes #7a, Title: “Judiciary Notes” 1) Constitutional Law: Rules set in the

Constitution for all of US (change by amend).

Notes #7a, Title: “Judiciary Notes” 2) Congressional Law or Act: Rules created by

Congress for all of US, same power as Constitution (change by Congress, can expire)

Notes #7a, Title: “Judiciary Notes” 3) Judiciary: 1 of the 3 branches, designed to be most independent (protect unpopular/minority ideas). Power to force actions or kill laws.

Constitution

1: LegislatureCREATES

(S + H)

2: ExecutiveEXECUTES (President)

3: JudicialINTERPRETS(SC, CC, DC)

Bureaucracy

Notes #7a, Title: “Judiciary Notes” 4) Judicial Review: Cases brought to it, judiciary’s power to interpret what laws mean (Marbury v Madison: strike part of Jud Act 1789)

Closing Argument

Opening Argument

Opening Formalities (Greeting,

Issues, Facts)

Oral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts(both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up)

Reminder1) Homework: complete e-forms at: govandlaw.org/mvhs