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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 school”

  • A court decision that sets a standard for future similar cases.

  • The basis of our court system








Supreme court justices
Supreme Court Justices school”

  • 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



John roberts appointed 2005 bush chief justice conservative
John Roberts school”Appointed 2005(Bush)Chief Justice(conservative)


Antonin scalia 1982 reagan very conservative
Antonin Scalia school” 1982(Reagan)very Conservative


Anthony kennedy 1988 reagan centrist
Anthony Kennedy school” 1988(Reagan)Centrist


Clarence thomas 1991 bush sr very conservative
Clarence Thomas school”1991(Bush Sr.)very Conservative


Ruth bader ginsburg 1993 clinton liberal
Ruth Bader Ginsburg school”1993(Clinton)liberal


Stephen breyer 1994 clinton leans liberal
Stephen Breyer school”1994(Clinton)leans liberal


Samuel alito 2006 bush likely conservative
Samuel Alito school”2006 (Bush)Likely conservative


Judicial branch

Sonia Sotomayor school”

2009 (Obama)


Judicial branch

Elena Kagen school”

2010 (Obama)




Swing judge kennedy
Swing Judge school”(Kennedy)


Choosing a case
Choosing a case school”

  • 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 school”

  • 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 school”

  • Majority

  • Dissenting

  • Concurring


Judicial branch

  • Articles of Confederation (1781-1787) school”

  • 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


Judicial branch


Amendment i 1791
Amendment I (1791) rights. You can’t have five wolves and a sheep voting on what is for supper.”

  • 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 rights. You can’t have five wolves and a sheep voting on what is for supper.”

  • 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 rights. You can’t have five wolves and a sheep voting on what is for supper.”

  • 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


Judicial branch

  • In New England Quakers were executed for their faith. rights. You can’t have five wolves and a sheep voting on what is for supper.”

  • 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) rights. You can’t have five wolves and a sheep voting on what is for supper.”

  • 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.


Judicial branch

  • “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


Judicial branch


Establishment clause
Establishment Clause the less they are mixed”

Thomas Jefferson


Establishment clause1
Establishment Clause the less they are mixed”

  • 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”


Judicial branch


Everson v board of education 1947
Everson v. Board of Education (1947) their religion

  • Establishment Clause Assignment


What about religion in school
What about religion in school? their religion

  • Can you pray in school?

    • Voluntary prayer?

    • School sponsored prayer?

    • Religious groups?


Free exercise clause
Free Exercise Clause their religion


Amendment i 17912
Amendment I (1791) their religion

  • 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 their religion

  • 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?


Freedom of speech
Freedom of Speech their religion


Amendment i 17913
Amendment I (1791) their religion

  • 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 their religion

  • We allow all speech, even offensive speech.

  • Fight speech with more speech rather than censorship.


Judicial branch

  • “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


Marketplace of ideas1
Marketplace of Ideas death your right to say it.”


Types of speech
Types of Speech death your right to say it.”

  • Pure Speech

    • The spoken word

  • Symbolic speech

    • Action that conveys a purposeful message or statement to those viewing it


Pure speech
Pure Speech death your right to say it.”


Symbolic speech
Symbolic Speech death your right to say it.”


Symbolic speech1
Symbolic Speech death your right to say it.”


Where do we have free speech
Where do we have free speech? death your right to say it.”

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


Public forum
Public Forum death your right to say it.”


Peaceably assemble
Peaceably Assemble death your right to say it.”

  • Your right to gather in groups in an orderly manner to protest, picket, support, etc a particular idea or cause.


Peaceably assemble1
Peaceably Assemble death your right to say it.”


Limitations on free speech
Limitations on Free Speech death your right to say it.”


Obscenity
Obscenity death your right to say it.”

  • 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.


Obscenity1
Obscenity death your right to say it.”


Defamation
Defamation death your right to say it.”

  • Damaging someone’s reputation through false information

  • Slander is defamation through the spoken word


Defamation1
Defamation death your right to say it.”


Fighting words
Fighting Words death your right to say it.”

  • Threats

  • Abusive or insulting language known as fighting words.

  • The Supreme Court ruled that they have a direct tendency to cause acts of violence.


Fighting words1
Fighting Words death your right to say it.”


Commercial speech
Commercial Speech death your right to say it.”

  • Ads and commercials are not fully protected. The Government can regulate false ads or ads for illegal products or services.


Commercial speech1
Commercial Speech death your right to say it.”


Clear and present danger
Clear and Present Danger death your right to say it.”

  • 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”


Clear and present danger1
Clear and Present Danger death your right to say it.”


Speech in special places
Speech in Special Places death your right to say it.”


Speech in special places1
Speech in Special Places death your right to say it.”

  • Speech may be restricted in some places if it interferes with the purpose of the facility. (schools, prisons, court houses, military bases)


Tinker vs des moines 1969
Tinker vs. Des Moines (1969) death your right to say it.”


Tinker v des moines 1969
Tinker v. Des Moines (1969) death your right to say it.”

  • 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? death your right to say it.”

  • 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) death your right to say it.”

  • School officials can punish students for lewd or indecent speech at school events even if that same speech would be protected outside of school.


A couple more student speech cases
A couple more student speech cases death your right to say it.”


Morse v frederick 2007
Morse v. Frederick death your right to say it.” (2007)


Guiles v marineau 2007 2 nd circuit court
Guiles v. Marineau (2007) (2 death your right to say it.”nd 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 death your right to say it.” (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) death your right to say it.”

  • 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) death your right to say it.”

  • 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 the press
Freedom of the Press death your right to say it.”



Judicial branch


Limitations on free press
Limitations on Free Press is safe.”

  • There are very few limitations. Why is that?


Libel
Libel is safe.”


Prior restraint
Prior Restraint is safe.”

  • Government preventing something from being published because they feel it will cause harm.

  • Almost never allowed


Internet and e mail
Internet and e-mail is safe.”

  • 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) is safe.”

  • 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 is safe.”

  • 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
2 is safe.” nd 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 is safe.”

  • 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) is safe.”

  • 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.