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.