Government Name _________________________________________
Notes on Judicial Branch
Due Date: Monday, November 10th
RESEARCH:
What it says does it say in Constitution (Article III) about Judicial branch (find Constitution online)
A. HOW THE COURT SYSTEM WORKS
1. What Supreme Court actually ruled about 2000 election –
2. Why was John Marshall so important?
3. What was Marbury v Madison about & what was the decision? 4. What is judicial review and why is it important?
5. How was judicial review extended to the states?
6. What was the reasoning behind lifetime tenure for judges?
7. What is the difference between criminal & civil law?
8. How do the US District Courts work & what are the 4 types of cases they hear?
9. How are the US Courts of Appeals organized & how are their procedures different from those of the US District Courts?
Due Date: Monday, November 10th
RESEARCH:
What it says does it say in Constitution (Article III) about Judicial branch (find Constitution online)
A. HOW THE COURT SYSTEM WORKS
1. What Supreme Court actually ruled about 2000 election –
2. Why was John Marshall so important?
3. What was Marbury v Madison about & what was the decision? 4. What is judicial review and why is it important?
5. How was judicial review extended to the states?
6. What was the reasoning behind lifetime tenure for judges?
7. What is the difference between criminal & civil law?
8. How do the US District Courts work & what are the 4 types of cases they hear?
9. How are the US Courts of Appeals organized & how are their procedures different from those of the US District Courts?
B. IMPORTANT TERMINOLOGY
1. What is precedent and stare decisis and how are they related? What is their impact?
2. What is the difference between original & appellate jurisdiction? In what instances does the Supreme Court have original jurisdiction? What 2 criteria have to be met for the Supreme Court to have appellate jurisdiction?
3. Define & interpret the importance of each: (a) writ of certiorari
(b) Rule of Four
(c) Solicitor General
(d) Amicus Curaie Brief
(e) briefs
(f) oral arguments
(g) Supreme Court conference
(h) Majority opinion
(i) Dissenting opinion
(j) Concurring opinion
(l) law clerk
1. What is precedent and stare decisis and how are they related? What is their impact?
2. What is the difference between original & appellate jurisdiction? In what instances does the Supreme Court have original jurisdiction? What 2 criteria have to be met for the Supreme Court to have appellate jurisdiction?
3. Define & interpret the importance of each: (a) writ of certiorari
(b) Rule of Four
(c) Solicitor General
(d) Amicus Curaie Brief
(e) briefs
(f) oral arguments
(g) Supreme Court conference
(h) Majority opinion
(i) Dissenting opinion
(j) Concurring opinion
(l) law clerk
C. EVALUATING THE COURT SYSTEM
1. Why is the Chief Justice so important?
2. Which presidents have had the biggest impact on the federal & Supreme Courts AND why?
3. What is the public perception of the Supreme Court & how does the evidence contradict this?
4. What are the reasons why the Supreme Court reflects public opinion?
D. JUDICIAL RECRUITMENT
1. How do presidents decide who to nominate?
2. Senatorial courtesy (not Supreme Court)
3. Senate confirmation process a. Judiciary committee hearings
b. Reasons for conflict
c. Judicial filibusters v “up or down vote” - (“Where the Gloves are Nearly Always Off” article)
4. Role of American Bar Association
5. What kinds of judges have been appointed by Reagan-Bush? by Clinton?
1. Why is the Chief Justice so important?
2. Which presidents have had the biggest impact on the federal & Supreme Courts AND why?
3. What is the public perception of the Supreme Court & how does the evidence contradict this?
4. What are the reasons why the Supreme Court reflects public opinion?
D. JUDICIAL RECRUITMENT
1. How do presidents decide who to nominate?
2. Senatorial courtesy (not Supreme Court)
3. Senate confirmation process a. Judiciary committee hearings
b. Reasons for conflict
c. Judicial filibusters v “up or down vote” - (“Where the Gloves are Nearly Always Off” article)
4. Role of American Bar Association
5. What kinds of judges have been appointed by Reagan-Bush? by Clinton?
E. Judicial Restraint v Judicial Activism
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RESTRAINT
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ACTIVISM
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Philosophy
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View of Const
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Liberal/Conserv
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Ex of Chief
Justice
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F. Implementation of Court decisions
A. Who courts rely on -
B. When it gets implemented quickly -
C. When it’s harder to implement -
D. Impact of wording of decision –
E. Political questions -
LECTURE:
I. REVIEW – How President & Congress check the Judicial Branch A. President
1.
2.
B. Congress
1.
2.
3.
4.
5.
A. Who courts rely on -
B. When it gets implemented quickly -
C. When it’s harder to implement -
D. Impact of wording of decision –
E. Political questions -
LECTURE:
I. REVIEW – How President & Congress check the Judicial Branch A. President
1.
2.
B. Congress
1.
2.
3.
4.
5.
II. Structure of Court system
A. State courts
1.
2. When state cases can go to Supreme Court on appeal (a)
(b)
B. Federal Courts
(a)
(b)
(c)
(d)
C. Dual Sovereignty –
E. Standing to sue –
F. Class Action suits –
(a) Precedent – Gibbons v Ogden (1824)
(b) Test – Heart of Atlanta Motel v US (1964) b. Office of Federal Contract Compliance - 1965
(1) purpose -
(2) By 1968, (3) by 1971 -
V. Elderly
A. Age Discrimination in Employment Act (1967)
B. Age Discrimination in Employment Act (1978)
C. Interest Group – American Association of Retired Persons (AARP)
VI. Disabled
VII. Gay Rights
A. Supreme Court Cases
1. Bowers v Hardwick (1986) – Ga.
2. Lawrence v Texas (2003)
3. Romer v Evans (1996) – Co.
4. Boy Scouts of America v Dale (2000)
B. “Don’t Ask, Don’t Tell” (1993)
C. Marriages & Civil Unions
1. Differences between the two -
A. State courts
1.
2. When state cases can go to Supreme Court on appeal (a)
(b)
B. Federal Courts
(a)
(b)
(c)
(d)
C. Dual Sovereignty –
-
(a) State –
-
(b) Federal –
E. Standing to sue –
F. Class Action suits –
I. Equality of Opportunity v Equality of Outcome
II. Civil War Amendments A. 13th
B. 14th C. 15th
III. African-Americans
A. History of Discrimination
II. Civil War Amendments A. 13th
B. 14th C. 15th
III. African-Americans
A. History of Discrimination
-
black codes
-
poll tax
-
Plessy v Ferguson (1896)
a.
b.
-
NAACP
a. Sweatt v Texas -
b. McLaurin v University of Oklahoma -
c. Gaines -
-
Executive Order
-
Brown v Board of Education (1954)
a. Details -
b de jure v
c Results -
(1)
(2) Central High School - Little Rock
(3) Swann v Charlotte-Mecklenburg County Schools (1971) - (4) Missouri v Jenkins (1995)
(3) Swann v Charlotte-Mecklenburg County Schools (1971) - (4) Missouri v Jenkins (1995)
de facto segregation
-
Civil Disobedience
a. Montgomery Bus boycott - 1955
b. Southern Christian Leadership Conference - organized 1957 c. March on Selma & Birmingham
d. Birmingham church bombings e. 1960 - sit-in movement
f. Students for Non-Violence Coordinating Committee
g. black violence & rioting in Northern cities
-
JFK & James Meredith - 1962
-
Laws passed by Congress
a. Civil Rights Act of 1964
(1)
(2)
(3)
(4)
(5)
(a) Precedent – Gibbons v Ogden (1824)
(b) Test – Heart of Atlanta Motel v US (1964) b. Office of Federal Contract Compliance - 1965
(1) purpose -
(2) By 1968, (3) by 1971 -
c. 24th amendment (1964)
d. Voting Rights Act of 1965
e. Fair Housing Act - 1968 -
f. Civil Rights Restoration Act (1988) -
g. Civil Rights Act of 1991 -
C. Affirmative Action a. Why?
b. set-asides v quotas v goals c. Education:
1. Bakke v Regents of Univ of California (1978)- 2. 2003 University of Michigan cases:
aa. Gratz v Bollinger - bb. Grutter v Bollinger -
d. Business
aa. US Steelworkers v Weber (1979) -
bb. 1984 -
cc. Richmond v. Croson (1989) -
dd. 1993 decision -
ee. Adarand v Pena (1995) -
IV. Women
A. 19th amendment
d. Voting Rights Act of 1965
e. Fair Housing Act - 1968 -
f. Civil Rights Restoration Act (1988) -
g. Civil Rights Act of 1991 -
C. Affirmative Action a. Why?
b. set-asides v quotas v goals c. Education:
1. Bakke v Regents of Univ of California (1978)- 2. 2003 University of Michigan cases:
aa. Gratz v Bollinger - bb. Grutter v Bollinger -
d. Business
aa. US Steelworkers v Weber (1979) -
bb. 1984 -
cc. Richmond v. Croson (1989) -
dd. 1993 decision -
ee. Adarand v Pena (1995) -
IV. Women
A. 19th amendment
B. Muller v Oregon (1908)
C. Strict scrutiny v reasonableness standard
D. Amendment (Title VII) to Civil Rights Act of 1964
E. Equal Pay for Equal Work v Comparable Worth
(1) Equal Pay Act (1963)
(2) Washington County, Oregon v Gunther (1981) (3) Supreme Court ruling on dangerous jobs
(4) Lily Ledbetter Fair Pay Act (2009)
F. Title IX of Education Amendments of 1972 G. Jury Duty (1994)
H. Equal Rights Amendment (proposed 1972)
I. Women & draft - Rostker v Goldberg (1981) –
J. 1996 - US v Virginia - VMI case
K. Discrimination & accepting government funds
L. Family & Medical Leave Act (1993)
M. Interest groups (1) N.O.W.
(2) Emily’s List N. Results –
C. Strict scrutiny v reasonableness standard
D. Amendment (Title VII) to Civil Rights Act of 1964
E. Equal Pay for Equal Work v Comparable Worth
(1) Equal Pay Act (1963)
(2) Washington County, Oregon v Gunther (1981) (3) Supreme Court ruling on dangerous jobs
(4) Lily Ledbetter Fair Pay Act (2009)
F. Title IX of Education Amendments of 1972 G. Jury Duty (1994)
H. Equal Rights Amendment (proposed 1972)
I. Women & draft - Rostker v Goldberg (1981) –
J. 1996 - US v Virginia - VMI case
K. Discrimination & accepting government funds
L. Family & Medical Leave Act (1993)
M. Interest groups (1) N.O.W.
(2) Emily’s List N. Results –
V. Elderly
A. Age Discrimination in Employment Act (1967)
B. Age Discrimination in Employment Act (1978)
C. Interest Group – American Association of Retired Persons (AARP)
VI. Disabled
A.
B.
C.
D.
B.
C.
D.
Education of All Handicapped Children Act (1975)
1. Now called IDEA (Individuals with Disabilities Act)
Americans with Disabilities Act (1992)
Role of EEOC Interest Groups
1. Now called IDEA (Individuals with Disabilities Act)
Americans with Disabilities Act (1992)
Role of EEOC Interest Groups
VII. Gay Rights
A. Supreme Court Cases
1. Bowers v Hardwick (1986) – Ga.
2. Lawrence v Texas (2003)
3. Romer v Evans (1996) – Co.
4. Boy Scouts of America v Dale (2000)
B. “Don’t Ask, Don’t Tell” (1993)
C. Marriages & Civil Unions
1. Differences between the two -
2. Defense of Marriage Act (1996)
3. Courts v state laws & propositions
D. Other issues
1. Hate Crimes
2. Sexual Harassment
3. AIDs funding
E. Interest Groups 1. ACT UP
2. GLAD 3. ACLU
VIII. Other Minority Groups
A. ESL
B. Illegal Immigration
C. Interest Groups
IX. OTHER CONSTITUTIONAL ISSUES
A. Federalism
1. Marbury v Madison
2. McCulloch v Maryland
B. Assisted Suicide
Cruzan v Missouri Dept of Health
Other rulings -
1. Hate Crimes
2. Sexual Harassment
3. AIDs funding
E. Interest Groups 1. ACT UP
2. GLAD 3. ACLU
VIII. Other Minority Groups
A. ESL
B. Illegal Immigration
C. Interest Groups
IX. OTHER CONSTITUTIONAL ISSUES
A. Federalism
1. Marbury v Madison
2. McCulloch v Maryland
B. Assisted Suicide
Cruzan v Missouri Dept of Health
Other rulings -
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