Judicial Branch

Preparation and Testing Protocol

LockDown Browser

  • Students are required to use ELC's LockDown Browser for tests.

  • It is recommended to experiment with the browser beforehand to ensure readiness.

  • Monitoring will be conducted by TAs to ensure compliance.

Time Allocation
  • Test duration is approximately 20-30 minutes, with a maximum time of 55 minutes allowed if needed.

Testing Center Guidelines

  • Students may utilize the testing center, where they will log into ELC under the 'quizzes' tab, despite it being a test.

  • This mechanism facilitates the testing process efficiently.

Study Resources

  • The study guide is accessible on ELC, and students have the opportunity to discuss it with TAs.

  • Available to answer questions via email before the long weekend and during extra office hours on the following Monday.

The Supreme Court of the United States

Overview

  • The current focus is on the Supreme Court as part of the study of the three branches of government.

  • Discussion of how polarization impacts the Supreme Court is introduced.

Understanding Court Cases

  • The course includes significant court cases that exemplify judicial processes.

  • Students are not expected to memorize all details but should understand the essence of the arguments in these cases.

Common Law System vs. Civil Law System

  • The U.S. practices a common law system, inherited from Britain, where legal decisions rely on precedents or previous rulings.

  • Examples demonstrate how precedents influence modern legal decisions, such as a speeding ticket previously issued to a horseback rider being cited in a current case involving modern vehicles.

  • Comparison with Civil Law Systems: Unlike common law, civil systems require explicit legal specifications, which can complicate legal enforcement as they've become rigid.

Notable Case Illustrations

Maine Supreme Court Case

  • A significant Maine case involved an individual living in isolation for decades who engaged in theft from summer homes.

  • The court had to adjudicate both criminal and civil liabilities for the costs incurred by the police in the process of capturing him.

  • A precedent from another state regarding law enforcement expenses was applied, illustrating how common law can direct judicial outcomes.

Organizational Structure of Courts

Supreme Court's Role

  • The Supreme Court is viewed as the third and final branch of the federal government, not inherently weaker than its counterparts.

  • Article III of the Constitution establishes the Supreme Court, while also allowing for subordinate courts to manage efficiency.

  • The Supreme Court's caseload is significant, leading to a division of responsibilities with inferior courts to mitigate backlog.

Nature of Judicial Independence

  • The Supreme Court's judges are designed to be insulated from public opinion.

  • Specifically, they are not influenced by popularity, ensuring decisions are based solely on constitutional interpretations.

  • Hamilton characterized Justices as "monks of the constitution," emphasizing their independence from material concerns.

Judicial Appointment and Tenure

Lifetime Appointments

  • Justices serve for life to avoid political pressures that could influence judicial decisions.

  • Concerns have been raised about the appropriateness of lifetime appointments, as some argue for term limits, like the proposed 18-year terms suggested by President Biden.

Impactful Supreme Court Cases in Contemporary Context

Roe v. Wade (1973)

  • Established that the government couldn't prohibit abortions in the first trimester based on privacy rights under the constitutional framework.

  • Historically limited state power over abortion until the Dobbs decision overturned its essential principles in 2022, allowing states to regulate abortion independently.

District of Columbia v. Heller

  • Invalidated the Washington D.C. handgun ban, asserting that prohibition violated the Second Amendment rights of individuals to bear arms.

  • This decision illustrates the court's role in enforcing constitutional rights against popular sentiment in desire for regulation.

Obergefell v. Hodges

  • Legalized same-sex marriage nationwide, countering states' rights arguments against marriage equality.

  • The ruling highlighted the court's balancing act against emerging societal norms.

Recent Rulings on Affirmative Action

  • In 2023, the court deemed race-based affirmative action in college admissions unconstitutional, indicating a shift in legal interpretation of equal protection laws.

Relevant Historical Cases

  • Plessy v. Ferguson: Established the separate but equal doctrine that justified segregation, overruled by Brown v. Board of Education.

  • Miranda v. Arizona: Affirmed the necessity for informing individuals of their rights upon arrest, emphasizing the protection of due process.

Legal Violation Categories

Criminal Law

  • Defined as offenses against the state or society, implicating serious charges like murder or assault.

  • The burden of proof in criminal cases is beyond a reasonable doubt, where a not guilty verdict does not connote innocence but reflects reasonable doubt regarding guilt.

Civil Law

  • Deals with non-criminal disputes, such as contractual agreements or family law.

  • A lower burden of proof exists; a preponderance of evidence suffices, simplifying the case outcome framework substantially.

Example of O.J. Simpson

  • Acquitted in a criminal trial but held liable in civil court for wrongful death; showcasing the differing standards in legal proceedings.