What Role does SCOTUS play in our political system?

Judicial act of 1789

Created the 3 level court system

What are the three levels of court?

1. Supreme Court

2. Appellate Court

3. District Court

Facts about the Supreme Court?

9 justices, Deal with federal law and the constitution, the justices have no way to enforce their decisions, Lifetime appointment, justices can be impeached, responsible for judicial review

What is a Monday conference?

Every Monday The justices get together with a stack of cases and they decide whether the court will hear the cases

What is the Rule of Four?

If there are 4 justices that want to hear the case, then the case will be heard by the court

District Court?

Court of face (is this your weed? Did you kill this man?) 94 district courts. Vast majority of cases live and die here. The number of district in each state is determined by the population of the state

Appeals court?

Court of procedure (care about if the rules were followed). 13 districts, judges appointed by president approved by senate, serve for life,

How is Federalism involved in the court system?

Each state’s court looks like the federal system

Is the right to counsel exist in the constitution?

No! this right was given to us by Gideon v Wainwright

Why is interpretation of the constitution needed?

The constitution is written in broad principals, absolute terms (congress making no law about religion, that is impossible) and relative terms (what does an unreasonable search/seizure mean?)

How do we interpreted the constitution?

1. read the relevant parts of the constitution

2. Look at the context in which the constitution was created

3. See how the constitution has been applied in the past. Look at past supreme court decisions and how the constitution has been applied in the past

What is a SCOTUS opinion?

Supreme courts official interpretation of the constitution. Not concerned with what people did to be in violation of the law, but weather or not the law that was created (under which you were convicted) should exist at all. Does government have a right to make a law to stop you from doing what you are doing?

What are the 4 parts of a SCOTUS opinion?

1. Facts

2. Question

3. Rule

4. Reasoning

What was our constitution written to do?

1. structure our national government

2. Structure relationship between national and state governments (federalism)

The constitution says very little about the states. the 14th amendment directly addresses the states

What is the due process clause?

Civil Liberties - Personal rights, individual rights. Freedom of speech, press, speedy trial, trial by jury. All the rights. Associated with the due process clause of the 14 amendment

What is the equal protections clause?

Civil Rights - (MLK). States treating all people the same when it comes to the law, no discrimination.

What is incorporation theory?

The 14 amendment “buses” all of the liberties found in the bill of rights to the states. When the bill of rights was adopted, it only applied to the federal government, but due to incorporation theory, the states also have to follow the bill of rights. This means that all judicial questions must include the 14th amendment, creates national standards for all rights, and creates the US more homogenous