Announcement

Introductory Presentations for Research Proposal will be next week:WEDNESDAY 2/18 or THURSDAY 2/19 (block days)

Intro Presentation GuidelinesYou will give a five minute oral presentation to your classmates, which may include an electronic element (such as a Prezi or PowerPoint) as support. This presentation is expected to be an overview of your research topic, including the different views on the topic and the stance you will be taking as you move forward with your research. We understand that you may change your stance as you acquire more information, but we want background for subsequent stages.

For Today…

1. Review Foreign Policy stations

2. Begin working on speech

3. Begin working on Supreme Court Case project

For Today…

1. Work on Supreme Court Case Project Assigned cases with your research project group Due week of 2/23 Look through the samples- but do not copy! Help your classmates out!

2. Other option: work on intro. presentation Present on block days

Tomorrow: Judicial Branch

Reminders

Supreme Court Case project Due week of 2/23 One page with all necessary information Make it look nice!

Intro presentation on block days 5 minutes Both sides to the issue, your stance

Current Events

ISIS Obama asked for permission to continue

airstrikes in Iraq and Syria Proposal: President can use military force

against ISIS for 3 years- doesn’t mean combat troops Could send in Special Ops

Rep- some wish he would allow ground troops

Dem- some think he went too far by asking for permission to send in forces under certain circumstances

THE JUDICIAL BRANCH

Who is included in the Judicial Branch?Chapter 7

Imagine a society without rules…

In about 1-2 GOOD paragraphs, imagine a society without rules or laws. Compare and contrast it with our society of today. How would it be different? Potential Problems/Advantages Impact on individuals, society as a whole,

government, etc.

Be prepared to discuss with the class

Equal Justice Under The Law

All people are created equal…thus, our judicial system protects citizens under a set of laws/rules

Laws define OUR rights and freedoms

Why do we have laws?

Laws promote the common good, protect you physically and personally, protect your rights, and set limits on behavior

Questions as to where our rights end due to infringing on others Freedom to play music v. Neighbor’s right

to enjoy peaceful surroundingsThis was a recent case!

What are the differences between civil and

criminal laws?

Civil v. Criminal Law

Disputes between people ($)

Judge and/or jury listen to arguments of both sides (facts of the case)

Settles personal issues

Defines crimes Behaviors that are

illegal because society finds it to be harmful

Outlines trial/punishment

Protect society as a whole

Civil Law Criminal Law

QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL LAWS/TRIALS?

A person who is hurt in a car accident sues the driver of the other car

A worker sues his employer after the worker hurts his back at work and can never work again

Drunk driving Murder Arson Selling illegal

drugs

Civil Law Examples Criminal Law Examples

OJ Simpson’s Trial(s)

Trial for murdering Nicole Brown and Ron Goldman

First trial was a criminal trial (murder trial) Acquitted- needed to be found guilty beyond a

reasonable doubt Innocent until proven guilty Could not face another criminal trial for same crime-

WHY?

Families then filed a civil suit (wrongful death trial) Finding: wrongfully caused his wife's death by a

"preponderance of the evidence” $25 million in damages

People of the State of California v. Orenthal James Simpson

Civil or Criminal Law?

A landlord is having a disagreement with

his tenant over noise complaints

A landlord accuses his tenant of theft for

stealing objects from the main lobby

A divorce proceeding

A woman accuses her neighbor of assault

A child custody proceeding

Civil

Civil

Civil

Criminal

Criminal

Block Day

Introductory Presentations You will receive a grade for the

presentation (30 points) as well as a class participation grade (10 points)

Judicial BranchWrite down (in complete sentences) 5 facts about the judicial branch

Remainder of Class

Work on Supreme Court Case project on laptops Due next Friday

Look at the samples Remember to make it look nice!

Outline for the next weekSubject to change

Monday 2/23- Finish presentations, finish 7.1 notes

Tuesday 2/24- Start 7.2 notes Wednesday 2/25- Writing Center- SC justice

activity, finish SC case project Thursday 2/26- Library- SC justice activity

due, Current Events Friday 2/27- SC case project due, CE due,

discussions

Presentation Comments

Good discussions

Good PowerPoints Limit amount of writing Try not to read word-for-word Eye contact with audience!!

Presentation should be well rehearsed

Should show a deep understanding of the topic

Length of presentation!

Sources of the Law

Principles of Laws are set forth in the Constitution

Four principal types of law: Statutory Common Administrative Constitutional

Constitutional Law is the supreme law of the land

Statutory Law

Laws passed by lawmaking bodies are known as statutes (written laws) Can be passed by Congress, state, or local gov’t

Most criminal laws and many civil laws fall into this category

Usually represent the majority rule, so they can change over time through the adoption of a new law

QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?

Common Law

We cannot have a statute for every type of wrongdoing in our society…just imagine how long that list of laws would be Thus, courts often need to make decisions based off

common sense, traditions, and past decisions…this practice is known as common law

Precedent: Earlier Decision Often, judges will use precedent to help them make

decisions in court cases Over time, the ruling becomes a customary law

(common law)QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?

Common Law Example

Before automobiles became a major form of transportation, there were no laws about driving them. If an automobile ran into a horse and wagon, the driver of the automobile might argue that the case should be dismissed.

The judge might reply that there is an established principle that people cannot use their property to injure others. The judge would apply tradition and common sense in such a case.

Administrative Law

Administrative laws are created by government agencies/commissions and not official legislatures

Many of these laws affect our daily lives, much like statutory laws, since the agencies are overseeing some aspect of our societyQUESTION: WHAT ARE SOME EXAMPLES OF ADMINISTRATIVE

LAW?

Administrative Law Example

Consumer Product Safety Commission (CPSC) uses administrative law when it rules that a particular toy is unsafe and must be taken off the market immediately

Constitutional Law

SUPREME LAW OF THE UNITED STATES

Based on the Constitution and how the Supreme Court interprets the Constitution Example: 6th Amendment’s right to

“assistance of counsel” for their defense and the SC interpretation that states must give free legal aid to those unable to afford a lawyer (Gideon v. Wainwright)QUESTION: WHAT ARE SOME EXAMPLES OF CONSTITUTIONAL

LAW?

The Role of Courts

Cases can be people v. people; people v. government; government v. government

In a criminal case, it is society v. individual Society represented by attorney for

government (often the District Attorney)

In civil dispute, both sides have options of having an attorney or representing themselves

Ie: The State vs. Casey Anthony

Trial Rights

Criminal Case Accused have right to attorney, right to

confront accuser, and right to a jury Always presumed to be innocent…job of

accuser to prove “beyond a reasonable doubt” that the person is guilty

Right to appeal if convicted Appeal: process by which the person asks a

higher court to review the result of the trial Higher court may change ruling Appeal process ensures trials are decided fairly

Key Definitions

Jurisdiction: Extent or scope of authority that a court has to hear and decide a case that has properly been brought before it

Original Jurisdiction: authority to hear and decide a case for the first time

Appellate Jurisdiction: authority to review decisions made by lower courts

THE FEDERAL COURT SYSTEM

Review

What are the 4 principle types of law? Statutory- written law; set forth by a

lawmaking body Common- established by past

precedent, tradition, common sense Administrative- established by an

independent agency Constitutional- supreme law of the land;

established by the constitution

The Federal Court System

THE SUPREME COURT

U.S. COURT OF APPEALS

U.S. DISTRICT COURTS1

2

3

U.S. District Courts

Set up by Congress

Federal District Courts Lowest level of US federal courts Trial courts for original jurisdiction (no appeals in

district courts) Only federal court in which jury trials are held 94 Total in United States (each state has at least

1) 3 District Courts in PA

*Formal name is “US District Court for…(the Eastern District of PA)

Add this to your notes!

Review: what is jurisdiction? Extent or scope of authority that a court

has to hear and decide a case (aka: what cases the court can hear)

The district courts have original jurisdiction over: Civil actions arising under Constitution Civil actions between citizens of different

states Criminal prosecutions brought by the US Civil actions in which the US is a party

District Judges

Federal District Judges are appointed by the President and get approved by Senate Can only be removed via impeachment by

Congress

Trial judges that oversee civil and criminal trials Apply the law to the facts of the case Can be with or without juries Decides punishment in criminal cases

US District Judge for the Eastern District of PA

Includes Chester County

Petrese B. Tucker Nominated by

President Clinton in 1999 and confirmed by the Senate

U.S. Court of Appeals

Losing party in district court has right to appeal US Court of Appeals reviews decision by lower courts

(Appellate Jurisdiction)

12 Judicial Circuits PA in judicial circuit 3, along with New Jersey &

Delaware

Each court of appeals will have anywhere from 6 to 28 judges Longest serving member under 65 years of age is the

senior judge

U.S. Courts of Appeals

Which circuit is the largest? The smallest?

Process of Court of Appeals

Losing party appeals

Panel of at least 3 judges examines records of district court and hears arguments from both sides

Do not decide guilt, but rather if the trial was fair and law was properly interpreted

Majority vote for decision

May be sent back to new trial in district court (remand) or uphold the court’s decisions This may get appealed again to the Supreme Court

Check Yourself: Trial Court or Court of Appeals?

Jury

Oral argument

Affirm, reverse, remand

Testimony

Evidence

Panel Review

APPEAL

TRIAL

APPEAL

TRIAL

TRIAL

APPEAL

The Supreme Court

Highest court of the United States Consists of nine justices, appointed for life Chief Justice is the principal judge on the

case Today: John Roberts

Reviews cases that have been tried in lower federal courts and in state courts most of the time

3 Exceptions for SC original jurisdiction1. Diplomats from other countries2. Cases between states3. State v. Federal Gov’t cases

Supreme Court Justices: Qualifications

What qualities should a Supreme Court justice have?

Which do you believe are required by the constitution?

Qualifications

No Special Requirements None granted by constitution

President usually considers recommendation and evaluation of the American Bar Association’s (ABA’s) Standing Committee. They list the following suggestions: Member in good standing in the state bar for at least 5 years Practicing trial attorney and/or trial judge for at least 12 years Competent citizen of good character, integrity, reason,

intelligence, and judgment Distinguished accomplishments Required to be a legal scholar

Qualifications

Appointed by President, approval by Senate Appointed for life

Removal by resignation, death, or impeachment only

Supreme Court Justices: Age No minimum or maximum age

Most nominees are under age 60. Why? Most are in their 40s or 50s when appointed

Youngest justice appointed was Joseph Story at age 32 in 1812

Oldest justice appointed with Charles Evan Hughes at age 67 in 1930

Supreme Court Justices: Gender To date, there have been 112 justices

(including 17 Chief Justices)

108 have been men; 4 have been women

Supreme Court Justices: Number Review: how many justices are on the Supreme

Court? 9

Constitution doesn’t require a maximum/minimum Judiciary Act of 1789 set the number at 6 Congress raised it to 9 in 1837

Which president bumped the number to 12 with his court packing plan? FDR- wanted 15 justices Congress said no

Sonia SotomayorObama, 2009

Stephen BreyerClinton, 1994

Samuel Anthony Alito JrW. Bush, 2006

Elena KaganObama, 2010

Ruth Bader GinsburgClinton, 1993

Anthony KennedyReagan, 1988

John RobertsW. Bush, 2005

Antonin ScaliaReagan, 1986

Clarence ThomasBush, 1991

Discussion Questions (this is on the next page in your packet)

Do you think we should set qualifications for Supreme Court Justices? Why or why not?

Should Supreme Court Justices be appointed for life? Why or why not?

Wednesday 2/25

Writing Center You will be gathering information on the Supreme

Court justices and filling in the graphic organizer This will be checked Thursday in class

Other option: work on Supreme Court case project Due Friday One page- be creative!

Tomorrow: Head straight to the library classroom!

Thursday 2/26

Find a current event (must be from 2015) on one of the following topics: ISIS Immigration Act Russia v. Ukraine

Form is on my webpage **writing discussion questions

Be prepared to discuss this in class tomorrow

Due FRIDAY Reminder: Supreme Court Case project due

tomorrow as well

Friday 2/27

Looking ahead…Chapter 7 test on 3/6 or 3/9

Next step in research project Due Friday 3/6

Next Step in Research Project Check-in on Friday 3/6“The check-in will utilize a submission of your research to date. This check-in is merely a way for us to ensure good research techniques are being used throughout the process. This check-in will include a preview of your annotated bibliography and fact sheet on governmental actions. Insufficient progress may require an additional submission.”

Annotated Bibliography

When you hand in the final bibliography, you should have at least 8 sources, including 2 that outline opposing views to your stance. You should have multiple sources that focus on each branch of government, other actors (NGOs, special interest groups), and public opinion on the issue.

Must use MLA format and each annotation

should include a paraphrased summary and analysis between 100-150 words

Fact Sheet

Can be a written paper, brochure, or informational packet

Must include all branches of government, special interest groups, and public opinion

Must include at least 3 supporting graphics that can be used as visuals during your final presentation

If you opt to write a paper, the expected length is 3 pages (not including graphics)

A brochure or packet would have equivalent amount of information to the 3 page paper

The Justices

Discussion of SC Justices What were you surprised to learn? What stood out to you? What similarities existed between the

justices? What differences existed between the

justices?

Justice Ginsburg

Justice Scalia

Current Event discussion ISIS Immigration Act Russia v. Ukraine

Monday 3/2

If you didn't hand in your Supreme Court Case project sheet or current event- do so ASAP

Outline for the week: Monday- Continue with 7.2

Tuesday- Finish 7.2

Wednesday/Thursday- Work on test review and work on research project check-in

Friday- Research project check in due; Chapter 7 test review

Monday- Chapter 7 Test

Next Step in Research Project Check-in on Friday 3/6“The check-in will utilize a submission of your research to date. This check-in is merely a way for us to ensure good research techniques are being used throughout the process. This check-in will include a preview of your annotated bibliography and fact sheet on governmental actions. Insufficient progress may require an additional submission.”

Annotated Bibliography

When you hand in the final bibliography, you should have at least 8 sources, including 2 that outline opposing views to your stance. You should have multiple sources that focus on each branch of government, other actors (NGOs, special interest groups), and public opinion on the issue.

Must use MLA format and each annotation

should include a paraphrased summary and analysis between 100-150 words

Fact Sheet

Can be a written paper, brochure, or informational packet

Must include all branches of government, special interest groups, and public opinion

Must include at least 3 supporting graphics that can be used as visuals during your final presentation

If you opt to write a paper, the expected length is 3 pages (not including graphics)

A brochure or packet would have equivalent amount of information to the 3 page paper

Review from last week

How many Supreme Court justices are there?

How many women are currently on the Supreme Court? Name them.

What are the constitutional requirements to be a Supreme Court justice?

What is original jurisdiction? What is appellate jurisdiction? Name one instance in which the

Supreme Court has original jurisdiction

9

1. Diplomats from other countries

2. Cases between states

3. State v. Federal Gov’t cases

3- Ginsburg, Sotomayor, Kagan

None

Reviewing a case for the first timeReviewing a case that

has been repealed

Judicial Review

Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution

How did they get this power? John Marshall in the case of Marbury v. Madison

Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny

appointment Marbury claims Judiciary Act of 1789 gives court power

to order Madison to fulfill appointment Marshall says it was not granted by Constitution—

declares act of Congress unconstitutional

Judicial Review activity

As a class, we will read Marbury v. Madison (1803)

Then, in small groups, complete the activity on the back page

Questions

Do you think we should set qualifications for Supreme Court Justices? Why or why not?

Should Supreme Court Justices be appointed for life? Why or why not?

When deciding cases, how should the Constitution be interpreted? Should it be word-for-word as written or

interpreted for meaning (including modern times)?

Review from yesterday - 7.2Judicial Review

Power where the Supreme Court can decide whether or not a law is in agreement with the Constitution

How did they get this power? John Marshall in the case of Marbury v. Madison

Marbury named justice of peace by John Adams Jefferson tells Sec of State Madison to deny appointment Marbury claims Judiciary Act of 1789 gives court power

to order Madison to fulfill appointment Marshall says it was not granted by Constitution—

declares act of Congress unconstitutional

Interpreting the Constitution: Handout 2

Originalism- Scalia, Thomas, Alito, Roberts Views the Constitution’s meaning as fixed as of the time

of enactment A quest to determine the meaning of the phrases, which

cannot change except through formal amendment

Living Constitutionalism- Ginsburg, Breyer, Sotomayor, Kagan Dynamic Contemporary society should be taken into account when

interpreting key constitutional phrases

Swing vote: Kennedy- tends to be more conservative Sandra Day O' Connor was left leaning but also a swing vote in

many cases

Interpreting the Constitution

CSPAN video Justice Scalia is considered an originalist Justice Breyer is considered a living constitutionalist

Fill out the viewing guide as you watch : Justice Scalia will begin by talking about who he’s thinking of

when he reads “We, the People” in the Constitution, and what those people thought about the death penalty.

Justice Breyer will talk about how the Constitution must last indefinitely. He will list six things judges look at in difficult cases. Write them down in the chart. He will also mention which four of those Justice Scalia prefers to consider. Write them down in the chart.

Both justices will then outline Justice Scalia’s problems with Justice Breyer’s approach. Describe Justice Scalia’s concerns.

Which approach is better?

In small groups, work on “Handout 4: Evaluating Opinions”

Determine whether each statement is consistent with the thoughts of an Originalist (O) or a Living Constitutionalist (LC)

Pick & Choose Your Case…

Over 7,000 cases are filed each year to the SC Court takes cases that deal with important

constitutional or national questions Minimum of four justices must vote to hear

a particular case If refused, lower court decision will remain

in effect Remand: return a case to the lower court

for a new trial

Hearing a Case…

Supreme Court hears cases by oral arguments Each side given equal time Justices will then read written arguments

and consider arguments said in court Eventually, they will take a vote and a

simple majority wins

After all of this, the Court will share the opinion Reasoning used to come to that decision

Most Common Types of Opinions Court’s Opinion (Majority Opinion)

Written by senior member in majority or Chief Justice (could assign to someone else if they choose)

Details reasoning for decision

Concurring Opinion Agrees with decision, but not the reasoning behind it

Dissenting Opinion Explains why the justices in the majority opinion are

wrong Has zero effect on law, but is important if case gets

review later

Checks and Balances Revisited Executive Branch

Appoints Federal Judges

Legislative Branch Senate confirmation Rewriting of “unconstitutional” laws Amend the Constitution

How the Court Changes Over Time

Civil Rights and Segregation

Scott v. Sandford (1857) Slaves were not US citizens (they were property),

thus they cannot sue

Plessy v. Ferguson (1896) “Separate but equal” doctrine

Brown v. Board of Education (1954) Segregated schools were not equal—reversed Plessy

ruling

Remainder of Class

Chapter 7 Review Sheet Test Monday If there isn’t school tomorrow…test will be

on Tuesday (we will review Monday)

Work in writing center on annotated bibliography and fact sheet- due Friday (or the next time we meet in class)

Today in class: Monday 3/9

Work through Chapter 7 Review sheet Gather any questions you have- bring these

tomorrow for a review

Writing Center Work on the annotated bibliography and fact sheet Due tomorrow! Make sure to be original- no copying and pasting

without citing sources

Update: Chapter 7 test on Wednesday (multiple choice, short answer)

Tuesday 3/10

Court Case Scenarios

Review questions for Chapter 7 Test on WEDNESDAY

Tough Decisions to Make

Many schools passed laws requiring children to salute the American flag in schools each day. Many organizations supported this patriotic measure, while many others opposed. One such group was the Jehovah’s Witnesses who believe that biblical prohibition of worshipping images forbids them from saluting the flag. With schools requiring the salute, a parent of two Jehovah’s Witnesses challenged the law in court.

How should the court rule? Explain.

Tough Decisions to Make

A group decides to picket a funeral of a deceased soldier killed in military service. They say that “God kills American Soldiers because of America’s tolerance of homosexuality”. They picket on public property, maintaining a distance away from the cemetery, but close enough to be seen by those going to and from the service. They wave signs such as “Thank God for Dead Soldiers”, “Thank God for 9/11”, “God Hates the United States”, “You’re Going to Hell”, and others that speak negatively of the current state of the nation.

How should the court rule? Explain.

Tough Decisions to Make

While gathering evidence for the prosecution of a suspect, the FBI bugs a telephone booth by attaching a microphone and tape recorder to the outside of the booth knowing the suspect will use a private number instead of his own for illicit activities. The FBI did not have a warrant and the information obtained in the search is to be used in courts. The defendant argues this constitutes an illegal search since it is a public telephone and violates his right to privacy.

How should the court rule? Explain.

Tough Decisions to Make

The Amish community often consists of close-knit families where religion is a keystone to their daily lives and their culture differs greatly from “traditional American” culture. One part of the difference is that the Amish only believe in educating their children until 8th grade and exclusively in Amish schools. Many states, such as Pennsylvania, require students to attend high school until at least 16 years old. The Amish population believes public high schools may threaten the beliefs of their youth, so they openly keep them out of school in violation of the law. Can the Amish legally opt to not have their youth be educated past 8th grade?

How should the courts rule? Explain.

Tough Decisions to Make

A student gives this speech to the student body to nominate his friend for class officer:

I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come [long pause] between us and the best our school can be. He is firm enough to give it everything.

The school suspends the student and bars him from speaking at graduation and other school functions. Is this a violation of his rights?

How should the courts rule? Explain.