Unit 4 Flashcards

How Does the Constitution Organize the Judicial Branch?

Through Article 3, which outlines the federal judicial court

* Names Supreme Court
* Acknowledges each state has own courts to deal with state laws

Congresses powers

* \[Outlined by Article 3 of Constitution\] Power to establish "inferior courts"
* To sets rules for states in establishing their own courts
* Can determine types of cases each court may hear and the punishments/compensation
* Can establish courts that deal with specific issues outside regular federal court system (E.g US Tax Court)
* Judges serve set term in these types of court
* Impeach federal judges \[for serious crimes against nation\]

What are inferior courts?

Courts below the Supreme Court

Federal Judges in Court \[**As established by Article 2]**

* Serve for life or until they retire/resign
* Nominated by president while Senate approves/rejects

Reason why federal judges serve a lifeterm

Focus judges on law rather than worrying about keeping their jobs when make a decision

What does the Judiciary Act of 1789 do?

* Established each state would have at least one federal district court
* Organized states in 'circuits" with at least one appellate court

Why can’t you make an appeal about the Supreme Court’s decision?

Its the Supreme Court of the land

Supreme Court structure

* 1 Chief Justice, who sets the court agenda
* 8 Associate Justices

What Is Jurisdiction?

Determines which cases it has the power to hear

State Jurisdiction

* Dispute about property, accidents and family issues
* Prosecuting someone for crime

Federal Jurisdiction

* Disputes about Constitution, immigration, maritime activity, involving foreign persons, and US Law
* Prosecuting someone for crime

Appellate Courts Jurisdiction

* Has jurisdiction over cases where a person or group appeals a lower court decision
* No new evidence may be presented in one of these

Supreme Court Jurisdiction

Has jurisdiction over cases appealed from state supreme courts, federal courts of appeal, and special circumstance listed in Article 3 (Immigration, Maritime disputes, involvement of foreign officials, nations, or their citizens)

What are the special circumstances listed in Article 3 that the Supreme Court has jurisdiction over?

Immigration, Maritime disputes, involvement of foreign officials, nations, or their citizens

Courts of Limited Jurisdiction/State Court Systems

Sets up trial courts to handle certain common issue (called courts of limited jurisdiction)

How Do the Federal and State Courts Relate to Each Other?

Both have 3 basic levels of court, dual sovereignty and have to begin in US District Court

What two types of courts are states split into?

Criminal court and Civil court

It’s possible for cases to be tried separately in state and federal courts. When is an instance where the federal courts **would not respect a state’s ruling?**

When it comes into conflict with the federal law

Federal-Question Cases

Cases where federal law is under debate

Diversity Cases

Involves citizens from multiple states (2 or more)

How does the trial process work?

* Jury Selection
* Lawyers on each side voir dire (speak the truth)
* Usually 12 jury members
* Trial
* Lawyers present each side of their case
* Judge’s Charge
* Judge gives instructions to jury for deliberation, explains rules jury must follow, and explain specific laws related to the case and what they mean
* Deliberation of Jury
* Jury determines foreman (leader of jury)
* Verdict
* Jury gives final decision of suspect being guilty or not

When can jurors be dismissed?

If lawyers and judge think they will not be fair in their decision

What’s a foreman in a jury case?

A leader of the jury who will lead the discussion, keep members on task, and ensures fair participation

Mediation

Dispute between 2+ people, reaching an agreement before attempting court

How Does a Case Get to the U.S. Supreme Court?

* Only accepts cases within its jurisdiction
* Accepts most of its cases by writ certiorari

What’s writ certiorari?

A request from the Supreme Court that orders a lower court to send up the record of the case for review reviewing a petition

Petitions arrive in forma pauperis

Petitions and having case heard by Supreme Court is expensive

Characteristics of US District Court

* first court to hear a federal case
* jury can decide the case
* criminal and civil cases
* includes cases involving more than one state
* each side presents evidence to prove their argument
* 94 districts organized into 12 circuits
* at least one U.S. District Court in each state

What’s judicial review?

Power of the federal courts to review laws of Congress and acts of the executive branch in light of the Constitution

What can the federal courts do in judicial review?

Can rule acts as unconstitutional, declaring law/acts as voided and UNENFORCEABLE

Who can the Supreme Court also chew through judicial review?

States and local governments

What Was Marbury v. Madison Supreme Court Case? (1803)

* President J. Adams appointed William Marbury to a fed. position as he prepared to leave office
* Once Pres. T. Jefferson took over, ordered Secretary of State James Madison to not deliver commission required for Marbury to take office as he was from an opposing political party
* Marbury then filed a lawsuit for the court to force Madison to deliver commission

What did the Marbury v. Madison Supreme Court Case? (1803)

Established the power and expanding role of nation's highest court

Results of Marbury v. Madison Supreme Court Case (1803)

* Chief Justice John Marshall stated president nor his staff could withhold commission, violating federal law
* Supreme Court ruled Judiciary Act of 1789, allowing Marbury to petition Supreme Court, was unconstitutional
* Reason: Expanded jurisdiction of the court beyond areas described in Article 3 of Constitution
* Meant while it was illegal for Madison to withhold appointments, couldn’t force him as this type of problem shouldn't have come to S. Court

Marbury v. Madison Supreme Court Case Important Precedents

* Supreme Court could decide whether an act/law is in violation of Constitution
* One role of Supreme Court is to clarify meaning of laws and have final say on interpretation of law and Constitution

Do judges make policy?

No but they can affect policies, occurring when federal court reinterprets law or Constitution in major way and applies it to a new situation or group of people

What’s a remedy?

Court action requiring payment of damages or fulfillment of some other type of obligation

How Do Judges Compare to Elected Officials?

* Makes decisions based on laws and Constitutions rather than the will of the people
* Ruling sets precedents for future cases and affects great spans of time

Steps to become a Supreme Court judge

* Nominated by president
* Senate conducts confirmation hearings, discerning nominee's views on interpretation of the constitution and various national issues
* Questions potential judges on decisions made in previous courts

What’s Senatorial Courtesy and when does it occur?

* President nomination for a person recommend/preferred by senators from that state
* Occurs when there's a judge vacancy at the federal level, in the district or appellate courts

Points for Pro-election of judges

* Elected judges are more accountable to the people and what they think is just
* Elections will keep judges focused on the rule of law
* Election serve as a check on the judicial branch's power
* Supporters of judicial elections think elections increase a judge's accountability because the people will pay more attention to their decisions

Points for Pro-Appointment of judges

* Judges should be accountable to the laws and Constitution
* Elections will force judges to depend on voter support, compromising their work
* Elections would discourage judges from ruling against the interest of those who support them

What Are the Checks on the Judiciary?

* Congress
* Determines organization and jurisdiction of lower fed. courts
* Can impeach federal judges \[only for serious crimes\]
* Can create and pass a new law on same topic that was ruled unconstitutional by Supreme Court, but alter it just enough to avoid another judicial challenge
* Courts have no power to enforce orders they issued to the legislative or judicial branches

Worcester v Georgia Supreme Court Case Ruling/Decision

* Georgia doesn't have jurisdiction over land granted to the Cherokee Nation by the fed. government
* Ruled Georgia state law unconstitutional that originally required non-Indians to have special licenses to live or work in Cherokee territory
* Required Samuel Worcester arrested under law, be freed from jail, and conviction overturn

How Can Judicial Review Change Over Time?

* Public opinion has an indirect check on the judiciary
* Changing social values (e.g view on civil rights) can influence judicial interpretation
* Personal ideology of government influence interpretation of the Constitution intent

Who was John Marshall

Served as \[longest\] Chief Justice of SC from 1801 - 1835, Wrote decision for Marbury v Madison, affirming judicial review powers of the court, and Many decisions by him and the courts affirmed supremacy of the fed government over the states

McCulloch v Maryland Supreme Court Case Established what?

Prevented state from taxing fed government or from running a bank

Gibbons v Odgen Supreme Court Case Established what?

Established fed. government as only entity with control over interstate commerce

Dred Scott v. Sanford Supreme Court Case Ruling/Decisions

* Ruled Blacks weren't citizens of US and therefore couldnt petition the courts
* Ruling affirmed that no matter where a slave travels, status doesn't chain
* Effect of ruling: Enraged many, esp. in North, and help stoke fires leading to the civil war

Dred Scott v. Sanford Supreme Court Case Background

Scott, an enslaved man, tried to assert that since his owner brought him into free territory, he should be free by the laws of that landW

Why was the Earl Warren aka "Warren Court" Era famous?

"Warren Court" famous for many liberal ruling that expanded civil rights and fed powers, reflecting changes int he expectation and values of the American people from previous decades

Brown v Board of Education (1954) Supreme Court Case Ruling

Ruling: Segregation in public schools are unconstitutional, contradicting prior court ruling that segregation was acceptable under constitution

Tinker v Des Moines Supreme Court Case Ruling

* Decision: School board failed to prove armbands were disruptive, agreeing in favor of Tinkers, that students had the right to free speech in school and wearing armbands werent a sign of disruption
* Majority believed actions and symbols could express ideas, beliefs, and opinions and so could forms of free speech (Represented loose interpretation of 1st Amendment)
* Majority agreed Constitution protects rights of students while in school but sometimes may be limited to protect safety and rights of other
* Majority agreed schools have the right to make rules limiting freedom of speech if speech disrupts school and other students' right to education

Miranda v Arizona Supreme Court Case Ruling

Ruling: That those accused of crimes must be informed of their rights and Ruled that states must abide by the right of the fifth amendment, preventing the government from forcing citizens to self-incriminate themselves (give evidence against themselves)

* law enforcement must prove they informed the person of the rights and that the person understood them
* without this proof, a judge could refuse to allow what a suspect said during the arrest process as evidence in a trial
* since this decision, police in every state have made this informing of rights an official part of the arrest process (i.e. "Miranda rights" or "Miranda warning")
* The Miranda warning serves to ensure that a suspect understands they have the right to not answer questions, or say anything at all, if they choose. However, if a suspect chooses to speak despite the Miranda warning, what they say could be used in court.

Gideon V Wainwright Supreme Court Case Ruling

Ruling: People accused of crimes have the right of legal representation and states must provide it for those who cannot pay for a lawyer themselves

* States must provide legal counsel in all cases where a defendant is unable to afford counsel on his or her own.
* Gideon was acquitted (declared not guilty of a criminal charge of the charges)
* The right to have an attorney appointed by the court is also included in the "Miranda rights" that are read or recited to the accused before they are arrested.

Allan Bakke vs Medical University Supreme Court Case Ruling

Ruling: Created remedy that required policy changes, forcing it change its admissions selection process

What are judicial opinions?

Official documents that explain federal court’s ruling. Other justices, may add their signature to the opinion

What are the types of judicial opinions?

* Majority - Majority of justices agree
* If Chief Justice is part of it, they'll write the majority opinion
* If Chief Justice isn't apart of, they'll assign an associate justice to write it
* Dissenting (Minority) - Justice in the minority opinion writes a dissent
* Justice describes why they don't agree with the majority and what ruling should've been
* Concurring - Agrees with the majority or minority for different reasons or while disagreeing with specific part of opinion

Per Curiam

\[Rarely written\] Decision official ruling explained by the court as a whole instead of majority and minority opinion (individual opinions of all justices involve)

Stare decisis

the policy of the courts to abide by decisions made in earlier, similar cases (precedent cases)

Strict Constructionist

Judges favoring literal interpretation of law

Loose Constructionists / Activist

Judges with a more flexible view of law, seeing it as able to apply new situations not described or anticipated by the original law

What is Symbolic Speech?

Nonverbal, non-written forms of communication (arm band, flag, etc.)

Tinker V. Des Moine (1969) Supreme Court Case Background

1965, Community Group in Des Moine, Iowa, held a protest against Vietnam War with people wearing black armbands with peace symbols as part of the protest. Several decided to wear it to school, even though the school board was against it, received suspension from attending school with them on. Mary Beth and John Tinker as well as their parents argued that students had the right to wear the armbands as an act of free speech. School board argued that the rule was necessary to prevent school disruption caused by student debates or arguments over war. The students didn't plan any action that'd stop teachers from teaching or students from attending class. School board presented no evidence in court to prove students made angry remarks or threats to each other on school property

Texas v. Johnson (1988) Supreme Court Case Background

1984, Gregory Lee John arrested for burning American flag in front of Dallas, Texas city hall. Texas had law against desecration (damage to something that is sacred or highly respected) of American flag. Under strict interpretation of Texas law, Johnson convicted of breaking law and sentence to year in jail with fine of $2000. John argued action was a protest against Pres. Reagan's policies, an act of free expressed protected by 1st amendment. Johnson appeal case to his state's appellate court, reversing conviction under loose interpretation of law. State of Texas then appealed reversal to US Supreme Court, defending its law as an appropriate protection for a revered national symbol and Johnson's actions as offensive to society.

Texas v. Johnson (1988) Supreme Court Case Decision/Ruling

* Decision: Justices agreed that the flag-burning incident was a form of symbolic speech and the Texas law was unconstitutional (Loose interpretation of 1st Amendment)
* Majority said states cannot dictate how symbolic speech may or may not be used to communicate a message
* (Used Tinkers' armbands as precedent)
* Many support idea of passing ban of desecration of American flag but agreed this would set a precedent for government to chip away at rights in general

HazelWood School District v. Kuhlmeier (1988) Supreme Court Case Background

Principal of Hazelwood East High School routinely approved sample copies of the student newspaper before printing. A substitute submitted the sample copies only a few days before printing. Principal found 2 articles objectionable and order the paper printed without the pages on which the articles appear on. One article addressed teen pregnancy, relying on interview with students at the school \[even though there weren't any name\] the principal felt their identities weren't protected enough. Other article dealt with divorce, containing criticisms of one student's parent without parent's approval or opportunity to response, principal considered it unethical and possibly libelous. School district maintained that it had the right to remove objectionable material from paper produced by and for student audience. Federal district court ruled in favor of the school district. Former high school students who were staff on the school's newspaper allege that the school unfairly censored content from an edition of their paper, violating their First Amendment rights. Censoring the pages removed other articles not in question and student had no opportunity to edit the articles or reorganized the paper. School district maintained that there was not time for editing, explaining principal's decisions to simply remove the pages. Former students, led by Cathy Kuhlmeier appealed federal district court decision and the court of appeals reverse the ruling. School district then appealed to Supreme Court.

HazelWood School District v. Kuhlmeier (1988) Supreme Court Case Ruling/Decision

* Decision: Majority held that the censorship of the newspaper pages did not violate student rights under the First Amendment
* Majority held that the principal acted reasonably given the interests of the school in sponsoring the paper as well as duty to the community at large and rights of other students
* Dissenting/Minority: Tinker standard did apply, as articles still represented individual student views
* Expressed concern that permitting the censorship in this case would set a precedent for general student censorship with flimsy reasons, leading to greater infringements on First Amendment rights
* Used Tinker v. Demoire Case as precedent
* Believed it didnt apply as case involved personal expression by students

T.M. v. Florida (2004) Supreme Court Case Background

T.M. was a minor charged with violating a curfew ordinance in the city Pinellas Park. T.M. initially filed a motion to have the case dismissed, arguing the curfew law was unconstitutional, violating his rights to free speech and assembly. Trial court agreed and dismissed the case. City attorney for Pinellas Park appealed decision to Second District Court of Appeal, arguing that the law and its enforcement were reasonable to public safety. The city maintained that the curfew ordinance is allowable under state laws. Appeal court interpreted law and related rights strictly and, in disagreement with trial court, said it was constitutional and reverse trial court decision.

T.M. v. Florida (2004) Supreme Court Case Ruling/Decision

* Decision: Majority stated Curfew ordinance was unconstitutional
* Pinellas Park did not narrow the law enough to include all reasonable exceptions and target only activities most likely to result in crime
* Dissenting Opinion: held that the majority interpreted the law too strictly, saying that the Pinellas Park curfew was reasonable
* Just because a law may be flawed by not being narrow enough (though he did not think it was in this case), that does not mean the whole law should be struck down as unconstitutional
* Disagreed that minors have a basic right to assembly in public places at late hours without an adult

Who protects Civil Rights?

* Declaration of Independence + US constitution provides a strong foundation for the protection of US Citizen's rights
* Used language from each to support arguments that certain laws or practices unfairly restrict their rights
* Legacy of doc.: Idea that individual rights come not from government but their "Creator"

How Have Civil Rights Expanded?

13th, 14th, and 15th Amendment ratified, leading to other legislation, amendments and court case targeting the civil rights of Black

13th Amendment

Declared slavery anywhere in the US as being against the Constitution

14th Amendment

* Corrected flaw in Emancipation Proclamation by granting "Equal protection of the laws" to all citizens
* Included those who were denied citizenship status sunder the Supreme Court case Dred Scott. v. Sandford (1857)
* Also made 3/5ths Compromise obsolete by stating states had to count all people of voting age

What is Incorporation?

In constitutional law, a process where selected parts of the Bill of Rights are applied to the states through the due process clause of the 14th Amendment

Miranda v. Arizona Supreme Court Case Background

* Ernesto Miranda was arrested for kidnapping and raping a young woman in Arizona.
* The evidence against him was circumstantial, meaning that a jury inferred that he was guilty but there was no conclusive evidence against him.
* Miranda had signed a confession after an intense interrogation where police had not informed him of his rights.
* His attorney argued that the confession should not have been admissible in court because of the way police obtained it.
* The case was appealed to the Supreme Court after the Arizona Supreme Court affirmed the original conviction.

Gideon V Wainwright Supreme Court Case Background

* Someone burglarized and robbed a poolroom business in Florida.
* A witness identified Clarence Gideon as having been on the property, leading police to arrest and charge him for the crimes.
* Gideon requested that the court appoint him a lawyer, which the court denied because the crime was not a capital offense, meaning it was not punishable by death.
* The jury convicted Gideon and sentenced him to five years in prison.
* He wrote to the U.S. Supreme Court, requesting an appeal because he had been denied legal counsel in violation of the Sixth Amendment.

The Roe and Dobbs decisions (Supreme Court Case) Background

* "Jane Roe," as she was referred to in court documents, sought help from women's rights advocates.
* These advocates decided to challenge the Texas law banning abortion as unconstitutional.

The Roe and Dobbs decisions (Supreme Court Case) Ruling/Outcome

* Supreme Court ruled a woman's decision to continue or end a pregnancy is within her right to privacy based on the 9th Amendment, which says that rights not listed elsewhere belong to the people
* states could regulate abortions that would occur in the later stages of pregnancy

Mapp v. Ohio  Supreme Court Case Background

* Police forcibly entered the home of Dollree Mapp, whom they suspected of protecting a fugitive, a suspected criminal in a bombing who had fled custody.
* They did not find the fugitive but did find obscene materials in Mapp's basement in violation of an Ohio law against their possession.
* They charged her, and she was convicted.
* Appealing her case through the state courts, her lawyer argued that the police never had a search warrant for the fugitive, let alone the obscene materials, and, therefore, police should never have charged her with a crime.
* After the Supreme Court of Ohio reaffirmed her conviction, they appealed to the U.S. Supreme Court.

Mapp v. Ohio  Supreme Court Case Decision/Ruling

* the "exclusionary rule" that holds that evidence obtained in violation of a suspect's rights should not be admissible in court is derived from the Fourth Amendment
* the police obtained evidence against Mapp illegally because there was no warrant to search her home or seize the materials
*  the state of Ohio violated her due process granted by the 14th Amendment
* Mapp's conviction was overturned

15th Amendment

1870 - Protects suffrage for African America Males

19th Amendment

1920 -  Protects suffrage for women

24th Amendment

Prevent states from charging people a poll tax to vote

26th Amendment

1965 - Banned use of literacy tests and sent people to register eligible votes

Emancipation Proclamation

1863 - Freed enslaved people in states that seceded from Union

Civil Rights Act of 1963

1964 - Restricted/banned discrimination in voting, employment, and public accommodations

Voting Rights Act of 1965

1971 - Protects suffrage for legal US citizen aged 18 and older

Types of Government

Democracy, Oligarchy, Autocracy, Unitary, Confederation, Federation, Parliamentary, Socialism, and Communism

Direct Democracy

*  Laws are made directly from the citizens
* Very difficult to achieve as every single citizen who have to take part in decisions

Representative/Republic Democracy

* Laws made indirectly by the people
* People elect representatives to make decisions for them

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* Advantages
* Citizens have active role in making decisions by electing their leaders

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* Disadvantages
* Making decisions is time consuming
* Difficult to get majority of elected leaders to agree on decisions
* Leaders dont always make decisions that satisfy voters

Oligarchy

* Government run by few or small group of people
* Single political party and leaders have highest positions in government

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* Advantages
* Decisions made quickly
* Leaders share similar views

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* Disadvantages
* Must use force to stay in power
* Leaders may not consider people's wishes when making decisions

Monarchy (Autocracy)

* Run by king or queen
* Rules for life as the role is hereditary

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* Advantages
* Decisions made quickly since rulers doesn't need to consult others

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* Disadvantages
* Leaders often ignore people's needs and wants
* Can make decisions for own benefit
* Decisions can be poor since no one is consulted
* Basic civil rights of people usually nonexistent/unprotected

Constitutional Monarchy (Autocracy)

Royal is head of government but holds no real decision-making power