Unit 5The Judicial Branch

Ch 18 – The Federal Court System

Ch 19 – Civil Liberties: 1st Amendment Freedoms

Ch 20 – Civil Liberties: Protecting Individual Rights

Ch 21 – Civil Rights: Equal Justice Under Law

“At his best, man is the noblest of all animals; separated from law and justice he is the worst.” - Aristotle

Ch 18 – The Federal Court System• The federal

court system• The US has 2 separate _______________, the

federal system + the states’ system. (More about the states’ courts in Ch 24).

• The Constitution created the _____________ + established it as the highest court in the land. __________ was given the right to establish all lower or inferior courts in the _______ system.

• Congress has created 2 types of inferior courts:

1. ________________ (or Regular) Courts

2. ___________ – only hear specific types of cases. Includes Courts of D.C., U.S. Court of Appeals for the _____________, U.S. Tax Courts, etc…

• Federal __________

• Jurisdiction is the ______ of a court to hear a case.• Federal courts may have jurisdiction based on one

of two factors (details on p. 508):1. The __________________ of the case.

(Federal law or law involving American ___________)

2. The ____________ involved.(The US gov.’t, state gov.’ts, citizensof different states, foreign gov.’ts orforeign ______________)

• All cases not specifically under federal jurisdiction are under _________ jurisdiction.

• Original jurisdiction refers to the ________ to hear a case, while appellate jurisdiction refers to a court that hears a case on ___________.

• District courts always have __________ jurisdiction, and appeals (or appellate) courts always have appellate jurisdiction. The _______________ can have either original or appellate jurisdiction.

• Federal ______ • All federal judges are appointed by the _______ + confirmed by the _________.

• When choosing a judge, the president looks for someone whose legal/political records reflects ________________.

• Judges in constitutional courts are appointed for life unless _________, + judges in special courts are appointed for varying terms, depending on the court.

• One thing that _______________ into a judge’s appointment is how the president believes he/she would interpret the ___________. Some believe that a judge should decide cases based on 1) the ______________ of the framers of the Constitution + on 2) precedent (previous court ___________ on similar cases). Others believe judges believe that the law should be interpreted + applied based on __________________ in conditions + values.

End Section 1

• The inferior (or ______) courts

• District Courts – handle about _____% of federal caseload. There are about 94 of them throughout the states + in the territories. They hear cases about things such as:

• _______ robbery• _______ fraud• ______ evasion• ____________• ____________• ____________

• Usually, only 1 judge hears each trial, but certain cases have ______ judges hear them.

• Most court decisions are _____, but some are appealed…

• The Courts of ______ (or appellate courts) were created to relieve the Supreme Court of some of its _____. There are 12 federal courts of appeals each divided in circuits (p. 513).

• What is an appeal?• A request for a higher court to

hear a case b/c one or both sides are unhappy w/ the ________. There has to be a __________…

• Most cases are heard by a tribunal of 3 judges, although if the case is especially important, ________ in the circuit hear it.

• Their decisions are final unless the ______________ agrees to hear the case on appeal… End Section 2

• The Supreme Court

• The only court specifically created by the ______________ + the _______court in the land.

• It has the _________ on the meaning of the Constitution.

• In the Supreme Court only, judges are called justices.

• Has 1 _______ Justice + 8 ___________ justices (although Congress can + has changed that #).

• It has both original + appellate jurisdiction, but most cases come ________________.

• It has original jurisdiction on cases involving a _______, ambassador, + public ministers.

• Over ______________ are appealed to the Supreme Court each year; it hears less than ________. For an appeal to reach the Supreme Court, at least ____ justices must agree to hear it.

• They pick cases either b/c they ________ w/ the lower court or b/c it involves a ____________________.

• It hears cases from the 1st Monday in _________ until June or July (1 ______).

• After hearing a case, the justices reach a verdict. Only about 1/3 of their verdicts are _____________. The rest are decided by a simple majority. Afterwards, they write their ___________.

• The majority opinion, or the Opinion of the Court gives the Court’s verdict + its reasoning.

• Sometimes a justice may write a concurring opinion in which he/she _________ w/ the Court’s verdict, but emphasizes or adds _____________.

• One or more dissenting opinions are written by those justices who _______ w/ the Court’s verdict + their reasoning.

• Marbury v. Madison

• (1803) Pres. ______________ appointed some federal judges + Senate had confirmed their appointments right before Adams __________.

• New Pres. _________________ wouldn’t have official documents appointing them as judges delivered b/c he didn’t want them to ________.

• Several appointees take the issue to the ________________.

• Chief Justice ______________ stated in the Court’s decision that appointees were entitled to commissions BUT the Supreme Court didn’t have the ________________________ to force the president to issue them + that Marbury based his case on an ______________ point of law.

• This established judicial review (The courts’ power to ____________ the laws).– Courts can declare laws _______________.

– If Congress passes law + President signs it, the Court can still declare it __________.

End Section 3

John MarshallJohn Marshall

• The Special Courts

• Created by Congress to hear ______________ of cases:

End Section 4

The UnitedStates _____ Courts –

hears cases aboutdisputes over

tax laws.

The Court ofAppeals for __________

Claims – hears cases whereveterans claim they didn’t receive _________ they

are entitled to.Military

Commissions –military courts that hearcases against “_______

____________”.

The Court ofAppeals For the Armed

Forces – hears _________from ______ courts involving

members of the armed forces.

The _______________________ Courts

The _________Courts – federal courts for the US territories of

Guam, the Virgin Islands, + the Northern

Marianas.

The CourtOf Federal Claims –

hears claims for damages against the

_____________.

The SpecialCourts

Ch 19 – Civil Liberties: 1st Amendment Freedoms

• _______ of the people

• The Bill of Rights are the 1st _____________ to the Constitution – only apply to the _________ gov.’t (however, the ____ Amendment extends most of these protections over _______ gov.’ts also – p. 536).

• Civil liberties are ________________________ (ex. the 1st Amendment).

• Civil rights are __________________ that seek to make constitutional guarantees a reality for all people (ex. laws prohibiting ____________).

• The US gov.’t is a limited gov.’t, meaning the gov.’t is ________ in what it may do, + that the rights of the people may not be taken away.

• However, a person’s rights are relative to the ______________. In other words, you may not exercise your rights by _______ someone else’s rights.

End Section 1

• The freedom of _________

• The 1st + 14th Amendments guarantee that the gov.’t may not establish a ___________ (separation of _____________) or arbitrarily ___________ in the people’s exercising of religion.

• The gov.’t is neither to ______ nor to __________ any religion.

• Most of the Supreme Court cases regarding freedom of religion involve religion + _________. Issues include:

• _______________ of parochial schools

• ___________ in schools• What is _______ (ex. evolution)

• Religious freedom, like all others, is relative. It may not violate another’s rights or go against the _________________. End Section 2

• The freedoms of speech + ______

• The 1st + 14th Amendments guarantee that each person has a right of free _________ in the spoken + written word, + all other forms of ________________. Also, they guarantee that all people have the right to the discussion of ________ _________.

• These rights are intended to protect the expression of ________________ views.

• “freedom for the thought that we hate” – Justice Oliver Wendell Holmes

• Again, these rights are relative to others’ rights. Libel (the false + malicious use of ______________) + slander (the false + malicious use of ___________) are both illegal. Also illegal is sedition (the crime of attempting to _________________ by force or to disrupt lawful activities by violent acts). _____________ sedition is illegal as well.

• _________ is not permitted in freedom of expression (but what qualifies as obscene is constantly __________).

• Except in ________________________, the gov.’t may not attempt to block any attempts at spoken or written expression even if those expressing themselves may be ____________ for it later.

• Of all forms of communication, radio + tv are subject to the most ___________ b/c they are broadcast on ______________.

• Freedom of expression includes ______ as well (ex. flag burning + picketing)

• In Tinker v. Des Moines School District (1969), the Supreme Court ruled that students + teachers don’t shed their _______________________ at school.

End Section 3

• The freedoms of assembly + _________

• The 1st + 14th Amendments guarantee the rights to assemble (to gather in groups + ___________ on public matters) + to petition.

• If assembled, groups may not incite _______, block public streets, _____________, or otherwise endanger ______________.

• The gov.’t may reasonably regulate the ____, ____, + manner of assembly, but not the who or their ________.

• Demonstrations in public places can be regulated by requiring ________________ + _____________.

• The right to assemble does not give demonstrators the right to trespass on _____ ____________.

• The right to assemble includes the right of association – to join w/ others to __________ political, economic, + other social causes.

End Section 4

Ch 20 – Civil Liberties: Protecting Individual Rights

• _____ process • The 5th + 14th Amendments guarantee that the gov.’t may not ______________ of “life, liberty, or property” w/o due process of law (In other words, the gov.’t must ________ + in accord w/ __________________).

• The Supreme Court refuses to give an _____________ as to what due process is, instead deciding on a ____________ basis.

• Thus, what qualifies as “due process” has ____________________.

• Ex. Miranda v. Arizona

Gideon v. Wainwright

End Section 1

• Freedom + security of the person: The 2nd Amendment

• The right to keep + __________ – but who does it belong to?

• The 2nd Amendment reads, “A well regulated _________, being necessary to the security of a _______, the right of the people to keep and bear Arms, shall not be infringed.”

• Although many claim that the 2nd Amendment protects _________’ right to own guns, the Supreme Court has _______ accepted that interpretation.

• The 2nd Amendment is ____________ by the 14th Amendment’s due process clause, + so the ______ can + do ___ the right to own guns.

• Freedom + security of the person: The 3rd + 4th Amendments

• The 3rd Amendment protects individuals from being forced to ____________. It’s had no real importance since 1791.

• The 4th Amendment protects against unreasonable __________ + _____________.

• “The right of the people to be _________ in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no __________ shall issue, but upon _____________, supported by Oath or affirmation, and particularly describing the ________ to be searched and the persons or ______ to be seized.”

• Except under ___________________, police must have a proper warrant (_________) to search +/or seize evidence or individuals. To obtain a warrant, police must have probable cause (_______________________ of a crime).

• Police may act upon evidence in ______________.• Cars + other vehicles are often ________ from requiring a

search warrant – only need probable cause.• This is due to the “__________________ of crime”.

• Can illegally seized evidence be used in court? • In general, _____. Exceptions include – “inevitable

discovery”, “good faith”, + “__________________”.

End Section 2

• Rights of the accused: The Constitution, 5th + 6th Amendments

• What you need to know for when you’re arrested…• The Constitution requires a writ of habeas corpus – a

court order to prevent ___________ + imprisonments. It requires the police to bring the prisoner to ______ to be _______________ for a crime + prove good cause for his/her detainment.

• Can only be suspended in times of ____ or the likelihood of it.

• Cannot be arrested for breaking a criminal law before it was _________________.

• The 5th Amendment requires _________________.• Prohibits double jeopardy (to be tried twice for the

_______________).• But if more than 1 ____ is broken at a time, the

criminal may be tried in ________________.• A trial resulting in a _______ doesn’t count nor

does an __________.• Protects against forced self-incrimination – written or

verbal ________________ (“taking the 5th”).• Led to Miranda v. Arizona (1966) – required

__________________.

• The 6th Amendment guarantees a speedy trial (__________ w/o special circumstances).

• The _____________ may request a delay.

• A trial must be _____ to ensure procedural due process.

• Accused has the right to a trial by an ____________ (but state trials only have to have a jury in _______ cases) from the same district where the crime was committed.

• Accused has the right to an _______ + if he/she can’t afford one, one must be provided for ____ (Gideon v. Wainwright - 1963).

Constitutional protections for the accused

Arrest warrant +/or _____________________

_________________________

No 3rd degree or forced ________________________

Grand jury or prosecutor weighs ____________________

Informed of ____________ (No excessive bail)

Speedy + public trial by impartial jury (No self-incrimination/Confront witnesses/Lawyer)

_____________ of jury (no double jeopardy)

No _______________________ or cruel + unusual punishment

Right to _____________ End Section 3

• Punishment: The 8th Amendment

• The 8th Amendment protects against ____________ + fines.

• Bail is the sum of $ that the accused may be required to post ___________ that he/she will ___________________ at the proper time.

• Bail is justified b/c:

1. A person shouldn’t be jailed until _________________.

2. A person can better prepare for a trial ______________.

• Bail is NOT ____________, but when given, must not be _____________.

• Bail is determined based on the ___________ of the crime + the _________/reputation of the accused.

- Poorer people may be released “on their own recognizance” - ____ system.

• It also protects against “cruel + unusual punishment”.• Most cruel + unusual cases that reach the Supreme

Court involve capital punishment (the ___________).• The Supreme Court has ______ the idea that capital

punishment is cruel + unusual, as long as method used is not ________. However, in 1972 (Furman v. Georgia) it struck down all existing state laws allowing the death penalty b/c of the unfairness in the way in which the criminals _____________ for execution.

• Too many of those who received the death penalty were _________ +/or ________.

• States have since _______________ + now have a 2 stage process for these cases (a trial to determine guilt, followed by a hearing to determine the ____________________).

• The death penalty may be given only if the __________, but not if the criminal is mentally ___________.

• The federal gov.’t + most (__________) states have the death penalty. End Section 4

Ch 21 – Civil Rights: Equal Justice Under the Law

• ______-based discrimination

• _______-based discrimination

• While virtually every _________ group in the US has been a victim of discrimination, much focus is placed on ________ Americans. This is b/c:

1. They currently make up the 2nd largest minority group (slightly more _________).

2. Legacy of __________.3. Most of the gains to expand the

Constitution’s rights to all minorities were made ___________________.

• Unlike minorities, __________ are a majority.• Women didn’t get the right to vote until ____ yrs

after all men did.• On average, women make less than ___%

of what men do. End Section 1

• Equal __________

• Although the Declaration of Indep. mentions ______________, the Constitution makes no such claim.

• The closest it comes is the ______ Amendment’s equal protection clause: “No state shall… deny to any person within its jurisdiction the equal protection of the laws.”

• Applies to all regardless of race, gender, or _________________.

• In Plessy v. Ferguson (1896), the Supreme Court ruled that ____________ did not violate the 14th Amendment based on the separate-but-equal doctrine.

• The Supreme Court __________ that ruling in Brown v. the Board of Education of Topeka (1954) + declared that separate-but-equal facilities were _______________.

• De jure segregation is segregation by ______.• De facto segregation is segregation by ______ or

_________ – a fact even if it’s not a law. End

Section 2

• Federal civil rights laws

• The _____________________ is the most far reaching of all civil rights laws. Major points are:

1. Provides that no person may be _____________ to or refused service in various “public accommodations” b/c of race, color, religion, or national origin.

2. Prohibits discrimination against anyone in ____________ that receives any federal $ + requires any program that does to _______ federal $.

3. Forbids employers + __________ from discrimination.

• The Civil Rights Act of 1968 (or Open Housing Act) forbids anyone from refusing to ___________________________ to anyone.

• Affirmative action • A policy that requires most employers to take _______ steps to remedy the effects of ______ discriminations.

• Many gov.’t agencies, programs, or companies that work w/ the gov.’t _____________ to adopt affirmative action programs in 1965. The goal being to ensure that their workforce is _______________ of the local community. For some, that just meant plans that call for the wide ____________ of job openings + ensuring that minorities + women receive comparable pay, benefits, + ______________.

• The Supreme Court declared quotas (rules requiring a certain # of jobs, promotions, etc, be given to members of certain groups) ______________ in Regents of the University of California v. Bakke (1978).

• Although race may not be the _____________ considered, it may be a factor (except in cases of longstanding, flagrant discrimination).

• Lately, the Supreme Court has taken a more ________________ view, + said that affirmative action programs will be viewed w/ more ____________.

End Section 3

• ____________ • A citizen is one who owes __________ to a country + is entitled to its ___________.

• Citizenship by birth includes those born w/in the US territory + those ______________ to Americans (p. 615).

• Citizenship can be obtained through a ____ _________ known as naturalization. This is something only __________ can regulate (p. 614).

• A person may renounce their citizenship (__________), but the gov.’t may not strip a person of their citizenship ____________ for naturalized citizens only if they gained citizenship through ____________ or fraud.

• An alien is a citizen of a foreign country ______________________.

• Immigrants • __________ has the exclusive right to regulate ______________. Until 1890, Congress made _________________ to regulate immigration b/c land was plentiful + ______ was needed. By 1890, not only was the frontier closed, + labor no longer in short supply, but immigrants were no longer coming from predominately _________ + __________ Europe, but instead from __________ + __________ Europe.

• Throughout the years, various ________ have been placed on who may immigrate to the US + for a long time _______ were placed on how many immigrants could come from each ___________.

• Today there is an annual ceiling of _______ immigrants accepted each yr w/ preferential treatment given to close __________ of Americans or legal aliens.

End Section 4