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The Federal Court System and CL and CR

The Federal Court System and CL and CR. The Supreme Court has had to consider many Establishment Clause cases that involve religion and education. . Religion and Education. The Lemon Test. The Lemon Test is based on Lemon v. Kurtzman , 1971.

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The Federal Court System and CL and CR

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  1. The Federal Court System and CL and CR
  2. The Supreme Court has had to consider many Establishment Clause cases that involve religion and education. Religion and Education
  3. The Lemon Test The Lemon Test is based on Lemon v. Kurtzman, 1971. Supreme Court picks cases involving state aid to private schools using this standard or three prong test. The purpose of the aid must be nonreligious. The aid can neither advance nor inhibit religion. Aid must not excessively entangle the government with religion.
  4. More Religion Cases West Virginia Board of Ed. v. Barnette (1943) Restricted mandatory flag salutes Everson v. Board of Education (1947) Federal aid could be provided for buses going to private school Engel v. Vitale (1962) Outlawed school prayer in schools Wallace v. Jaffree (1985) Moments of silence in place of prayer are unconstitutional Reynolds v. U.S. (1878) Polygamy ruled illegal Oregon v. Smith (1990)-outlawed use of peyote as a religious practice because the substance was illegal in the U.S.
  5. 9th Amendment and Privacy The right of privacy provoked controversy when it was applied to a woman’s right to an abortion, beginning with Roe v.Wade in 1973. Hyde Amendment-1976-Federal Funding cannot be used for an abortion unless the mother’s life is at stake Casey v. Planned Parenthood (1992) –reaffirmed Roe, but set up limits (24 hr. waiting period, parental consent, pamphlets) 2000 Court Refused to allow states to ban partial birth abortions (20 wk. old fetus)
  6. The 5th Amendment Gideon v. Wainwright (1963) Guarantee of counsel for a felony charge in federal and state trials Escobedo v. Illinois (1964) Exclusionary rule extended to illegal confessions in state court proceedings In Re Gault (1967)-juveniles are given “some of the due process guarantees of adults,” rt. to counsel, phone call, cross-examine, confront accuser, and to remain silent
  7. 4th Amendment Cases Weeks v. U.S. (1914) Exclusionary rule can be applied for illegally obtained evidence in federal court Mapp v. Ohio (1961)-Selective Incorporation of the 4th amendment-exclusionary rule applied to states NJ v. TLO (1985)-searches can take place in school with a reasonable suspicion Eased restrictions for school searches
  8. Types of Police Searches Plain View search and Plain Feel (reach, lunge or grab) Consent Hot pursuit Exigent circumstances Terry stop and Frisk (Terry v. Ohio-1968) Vehicle Searches with probable cause Search incident to a lawful arrest Airports and Borders (High Security Areas) Good Faith Exception Clause Special Needs Administrative Searches
  9. 8th Amendment Cases Gregg v. Georgia (1976) Death penalty is not cruel and unusual punishment Roper v. Simmons (2005) Execution of people under the age of 18 is cruel and unusual
  10. Affirmative Action Affirmative Action is a program that requires employers and educational administrators to take positive steps to remedy the effects of past discriminations by increasing minority participation in some institutions. Such rules requiring specific numbers of jobs or promotions for members of certain groups are called quotas.
  11. Equality of Opportunity-everyone should be given the same opportunities Equality of Results-making certain the people receive the same result (compensate for past discrimination)
  12. Regents of University of California v. Bakke (1970) White male was admitted after challenging affirmative action at U of C. Admitted but did not overturn A.A. Gratz v. Bollinger (2003)- point system was unconstitutional, but affirmative action not outlawed
  13. Gay Rights Bowers v. Hardwick-Georgia banned sodomy and Supreme Court affirmed ban (1986) Boy Scouts v. Dale-private groups can exclude gays from membership (2000) Lawrence v. Texas-state can’t ban sex between homosexuals (2003)
  14. Overriding Questions What is the process that the Supreme Court uses to add cases to its docket? How are the justices politically insulated and how are they tied to public opinion? What guides the Court when granting a writ? How does the Judicial Branch make policy? How has that role changed over time?
  15. Creation of a National Judiciary The Framers created the national judiciary in Article III of the Constitution. There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States. The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts.
  16. Types of Federal Courts
  17. Two types of Federal Jurisdiction Federal Question Cases-Constitution, US law, or treaty Diversity Cases-involving citizen of different states Dual Sovereignty Doctrine-state and federal authorities can prosecute the same person for the same conduct
  18. Evolution of the Courts Traditional: Fed 78- “Least dangerous branch to political rights.” Hamilton-decide when law is contrary to the Constitution Proactive: Judges find AND MAKE the law Increase over time
  19. Nation Building 1787-1865 (1st Era) Answer nation-state questions Chief Justice John Marshall (Nat'l law was supreme) Judicial Review Stare decisis (precedent) Dred Scott 1857-slaves did not have the same rights Tension between Federalists and Jeffersonian Republicans (state’s rights)
  20. Government and the Economy 1865-1937- (2nd Era) Question of property Court protects private property 14th Amendment-due process (narrowly construed to still allow for selective rights-segregation) Gov’t regulations on business 1st 75 years only 2 laws overturned 1870-1937 (1200)
  21. Appointing Federal Justices Senatorial Courtesy-normally senior senator will recommend someone from his/her district Litmus test-for ideological purity Trends-27 SC rejections of 140 Filibustering an appointment
  22. How Federal Cases Are Appealed
  23. How many do they hear? 1 to 3 % of cases (90-200 a year) Brief presented by lawyer in ½ hour Amicus briefs-allow justices to know where interest groups stand on the issue Decisions Per curiam-brief and unsigned Formal opinion (if SC chief justice in majority they write, otherwise most senior member) Class Action Suit-others benefit from the decision Standing-the right to be brought and heard
  24. Checks on Judicial Power No police or army Senate confirmation of judicial appointments by 51 percent vote Impeachment of judges Congress can increase judges Congress can Amend or create new legislation Congress determines jurisdiction for all courts Public Opinion
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