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Judicial Branch. Article 3 of the Constitution. Judicial power. The Constitution states that Judicial power is the United States is held in the Supreme Court and lower courts established by congress. Federal District Courts. Trial courts for the US government

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judicial branch

Judicial Branch

Article 3 of the Constitution

judicial power
Judicial power
  • The Constitution states that Judicial power is the United States is held in the Supreme Court and lower courts established by congress.
federal district courts
Federal District Courts
  • Trial courts for the US government
  • These courts determine guilt or innocence.
federal courts of appeal circuit courts
Federal Courts of Appeal (Circuit Courts)
  • Hear appeals on rules of laws and Constitutional rights
  • Do not determine guilt or innocence
what does the supreme court do
What does the Supreme Court do?
  • Protect the Constitution
  • Interpret the Constitution
judicial review
Judicial Review
  • Power of the Supreme Court to declare a law or action unconstitutional and thus void.
lets say that we have a school constitution that states
Lets say that we have a school constitution that states…
  • The principal of the school has the power to permanently remove a student from class for rule violations.
  • Students have the right to speak appropriately in school
students have the right to speak appropriately in school
“Students have the right to speak appropriately in school”
  • “I hate this class.”
  • “This class sucks.”
  • “The hell with this class”
  • “Damn this class”
  • “F this class”
precedents
Precedents
  • A court decision that sets a standard for future similar cases.
  • The basis of our court system
supreme court justices
Supreme Court Justices
  • 9 of them (since 1869)
  • Serve for life
  • Can be impeached for treason, bribery, high crimes and misdemeanors.
  • Appointed by the President and approved with a majority vote of the Senate
slide35

Sonia Sotomayor

2009 (Obama)

slide36

Elena Kagen

2010 (Obama)

choosing a case
Choosing a case
  • They get thousands of requests to hears cases each year.
  • They only hear 100-150 each term
  • Rule of 4 (Writ of Certiorari)
    • 3 minute video
hearing and deciding a case
Hearing and deciding a case
  • Hear two cases a day (Monday –Wednesday) from October – June
  • Each case typically lasts 1 hour
  • Each side presents their case
  • Eventually the justices will get together and vote on the case.
  • Whatever decision has support from a majority of justices win.
  • Will announce their decision a few months after the case is hear.
opinions
Opinions
  • Majority
  • Dissenting
  • Concurring
slide45
Articles of Confederation (1781-1787)
  • The Constitution (1787- Present)
  • The Amendments
  • 27 of them over the history of the United States
  • Bill of Rights
  • The first ten amendment passed in 1791
  • They are designed to protect us from our government
slide46
“Majority rule only works if you also have individual rights. You can’t have five wolves and a sheep voting on what is for supper.”Larry Flynt
amendment i 1791
Amendment I (1791)
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
freedom of religion
Freedom of Religion
  • What is freedom of Religion to you?
  • Does freedom of religion mean that everyone can worship freely?
  • Does it mean we are free to not believe and participate in religion?
  • Does it mean that all can worship however they want?
religious liberty in early america
Religious liberty in early America
  • New England colonies made the Puritan church and Southern colonies the Anglican church their established churches.
  • Taxpayers money went to those churches
  • Colonists were forced to go to church on Sundays and could be whipped for failing to know religious doctrines
slide50
In New England Quakers were executed for their faith.
  • Four colonies did not create established churches. (Delaware, New Jersey, Pennsylvania, and Rhode Island).
  • After the Revolutionary War American’s were calling for religious freedoms.
amendment i 17911
Amendment I (1791)
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
slide52
“It does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg” - Thomas Jefferson
  • "We must respect the other fellow\'s religion, but only in the sense and to the extent that we respect his theory that his wife is beautiful and his children smart." -H. L. Mencken
slide53
“Government and Religion will both exist in greater purity the less they are mixed”
    • James Madison
establishment clause
Establishment Clause

Thomas Jefferson

establishment clause1
Establishment Clause
  • Prevents the government from establishing an official religion (an official church) or giving preference to a religion.
  • This gives us our “separation of church and state”
slide56
No one should have an advantage or a disadvantage because of their religion
  • Government is to remain neutral
  • The First Amendment give the people Religious CHOICE
everson v board of education 1947
Everson v. Board of Education (1947)
  • Establishment Clause Assignment
what about religion in school
What about religion in school?
  • Can you pray in school?
    • Voluntary prayer?
    • School sponsored prayer?
    • Religious groups?
amendment i 17912
Amendment I (1791)
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
free exercise clause1
Free Exercise Clause
  • We have the “freedom to believe but not necessarily the freedom of action”
  • “We have the right to swing our arms up to the point of another man’s chin”
  • When can we be punished for our religion?
amendment i 17913
Amendment I (1791)
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
marketplace of ideas
Marketplace of ideas
  • We allow all speech, even offensive speech.
  • Fight speech with more speech rather than censorship.
slide67
“I disapprove of what you say, but I will defend to the death your right to say it.”Voltaire
  • “It is the mark of an educated mind to be able to entertain a thought without accepting it” Aristotle
  • “If freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” George Washington
types of speech
Types of Speech
  • Pure Speech
    • The spoken word
  • Symbolic speech
    • Action that conveys a purposeful message or statement to those viewing it
where do we have free speech
Where do we have free speech?

Public Forum

  • Any place that has been traditionally used for speech like a public park or street
  • The Government cannot deny the content of a speech in a public forum
  • Government can regulate time, place and manner of speech in a public forum
peaceably assemble
Peaceably Assemble
  • Your right to gather in groups in an orderly manner to protest, picket, support, etc a particular idea or cause.
obscenity
Obscenity
  • Anything that depicts sex or nudity in a way that violates societies standard of decency.
  • The average person would find that the work has an obsessive interest in sex.
  • The work depicts or describes, in a patently offensive way, a type of sexual conduct prohibited by law” (Child Pornography)

4. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

defamation
Defamation
  • Damaging someone’s reputation through false information
  • Slander is defamation through the spoken word
fighting words
Fighting Words
  • Threats
  • Abusive or insulting language known as fighting words.
  • The Supreme Court ruled that they have a direct tendency to cause acts of violence.
commercial speech
Commercial Speech
  • Ads and commercials are not fully protected. The Government can regulate false ads or ads for illegal products or services.
clear and present danger
Clear and Present Danger
  • You can be punished for your speech if it causes an immediate threat of criminal action.
  • Inciting a riot is also a crime.
  • Can’t be punished if say “Lets overthrow the Government”
  • Can be punished if say “Blow up the courthouse at 9 pm tonight”
speech in special places1
Speech in Special Places
  • Speech may be restricted in some places if it interferes with the purpose of the facility. (schools, prisons, court houses, military bases)
tinker v des moines 1969
Tinker v. Des Moines (1969)
  • Students don’t give up their First Amendment rights when they are in school.
  • However, student speech can be limited if it “materially and substantially interferes with the operation of the school”
what about student speech outside of school
What about student speech outside of school?
  • Students can be punished for speech outside of school if that speech caused a disruption IN school.
bethel school dist v fraser 1986
Bethel School Dist. v. Fraser (1986)
  • School officials can punish students for lewd or indecent speech at school events even if that same speech would be protected outside of school.
guiles v marineau 2007 2 nd circuit court
Guiles v. Marineau (2007) (2nd circuit court)
  • a straw and an alcoholic beverage.
  • At the bottom of and on the back of the T-shirt were accusations of him of being addicted to cocaine.
  • Depictions of Bush, cocaine and alcohol were also present on the sleeves
morse v frederick 20071
Morse v. Frederick (2007)
  • Supreme Court ruled that the First Amendment does not prevent educators from suppressing student speech, at school supervised events, that is reasonably viewed as promoting illegal drug use
guiles v marineau 2007
Guiles v. Marineau (2007)
  • Student had the right to wear the shirt because it was political speech and because he had worn the shirt several times prior to getting in trouble.
amendment i 17914
Amendment I (1791)
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
slide109
“When the press is free, and every man able to read, all is safe.” Thomas Jefferson
  • “The press was to serve the governed, not the governors.” Justice Hugo Black
  • “Education is a better safeguard of liberty than a standing army.” Edward Everett
limitations on free press
Limitations on Free Press
  • There are very few limitations. Why is that?
prior restraint
Prior Restraint
  • Government preventing something from being published because they feel it will cause harm.
  • Almost never allowed
internet and e mail
Internet and e-mail
  • Reno v ACLU (1997)
  • Supreme Court ruled that the internet was closer to print media than speech
  • Internet deserved the same level of First Amendment protection.
amendment i 17915
Amendment I (1791)
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
petition the government
petition the government
  • A right left over from England. In England the parliament wouldn’t give money for the king unless he answered complaint of the people. One of the complaints in the Declaration of Independence was that the king failed to hear petitions from the colonies.
2 nd amendment
2nd Amendment
  • A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
district of columbia v heller
District of Columbia v Heller
  • Argued March 18, 2008—Decided June 26, 2008
  • In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home
mcdonald v city of chicago 2010
McDonald v. City of Chicago (2010)
  • The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment to the United States Constitution applies to the states.
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