2.8 - 3.8 AP GOV (second half of the trimester)

Federalist No. 78

"A Constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them [the judges] to ascertain its meaning, as well as the meaning of any particular act processing from the legislative body," "The independence of the judges may be an essential safeguard against the effect of occasional ill humors in the society."

Self Incrimination

"You have the right to remain silent..." goes the famed Miranda warning. This statement also reminds arrested suspects that "anything you say can and will be used against you." The wandering resulted from an overturned conviction of a rapist who confessed to his crime under some pressure and without being informed that he did not have to talk.

US Circuit court (second level)

- Created by congress - 11 regional courts - 2 courts in Washington (D.C. and federal) - Nearly 200 total justices - takes appeals from district courts - Justices sit in panel of three

U.S. supreme court (third level)

- The created by article III of the constitution - Nine justices hears 80-100 cases from October through June - Has original jurisdiction in unique cases - Takes appeals from circuits and top state courts

US District court (first level)

- trial courts created by congress - 94 districts - Nearly 700 total justices - Hear federal criminal and civil matters

U.S. District courts How many? Where?

94 districts with at least one in each state. There are also 700 district judges presiding over trials concerning federal crimes, lawsuits, and disputes and disputes over constitutional issues.

GPS and Warrants

A Court ruled that attaching a GPS tracker to monitor a suspected drug dealer's movements and daily interactions was unconstitutional. When they challenged the right of the Supreme Court, the government argued that a motorist moving about on the public streets to start having an expectation of privacy and then monitoring his movements did not even amount to a search. The court, however, asserted that the government invades a reasonable expectation of privacy when it violates a subjective expectation of privacy. All motorists realize they might be seen, but few assume all their movements are monitored for a 24-Hour Cycle. So this was indeed a search - an unreasonable search that might have been reasonable had the police secured a warrant ahead of time.

Libel

A charge of libel refers to false statements in print and someone that defamed - or damages the person's reputation. Much negativity can be printed about someone of a critical, opinionated, or even speculative nature before it qualifies as liable. American courts have typically allowed for a high standard of defamation before rewarding a suing party.

Dissenting opinions supreme court

A dissenting opinion has no force of law and no immediate legal bearing but allows a justice to explain his or her disagreements to send a message to the legal community or to influence later cases.

Substantive Due Process

Addresses the essence of a law, whether the point of the law violates a basic right to life, liberty, or property

TLO v. New Jersey

After a student informed a school administrator that another student, TLO, had been smoking in the restroom, an assistant principal searched TLO's purse. He found cigarettes, as well as marijuana, rolling papers, plastic bags, a list of students who owed her money, and large amounts of cash. The administrator turned this evidence over to local authorities, who prosecuted the student. She appealed her conviction on exclusionary rule grounds. The court ruled that although the Fourth Amendment does not protect students from searches by school officials, in this case the search was reasonable.

Guantanamo Bay and Interrogations

After the September 11th 2001 attack on the United States the US military established a detention camp at its naval base in Guantanamo Bay, Cuba, to hold Terror suspects captured in the global war on terror.

How does a judge get onto these courts?

All judges serving in these courts are appointed by presidents and confirmed by the Senate to hold life terms.

Search and Seizure

Among the grievances that pushed the colonists towards Revolution was the British practice of searching for smuggled Goods. The British government issued writs of assistance, broad search warrants, that enabled British soldiers to search any vessel, Warehouse, home, or wagon.

Solicitor General

Another high-ranking figure in the Department of Justice is the solicitor general, who works in the Washington, DC office. Appointed by the president and approved by the Senate, the solicitor general determines which cases to appeal to the US Supreme Court and represents the United States in Supreme court cases.

What powers are given to the federal courts in these sections?

Article III allows the court to handle cases or controversies arising under federal law, as well as other enumerated areas. Article VI prioritizes federal over state power, also known as the "doctrine of preemption." It also makes both federal and state officials obey the U.S. Constitution.

Defining Jurisdiction

Article III includes the power to consider all cases arising under the Constitution, federal law or treaty, and admiralty or maritime jurisdiction. It also addresses the types of cases that the judicial branch and specifically the "Supreme Court shall have...under such Regulation's as the Congress shall make."

Searched in schools

As the Tinker decision already stated, students' constitutional rights don ot stop at the schoolhouse gate, though that decision addressed free speech.

James Madison

As the debate for the bill of rights continued after the ninth and requisite state ratified the original document, Madison's opinion began to change. When Congress opened in 1789, Madison served in the brand-new House of Representatives. Considering the complaints and suggestions of Anti-Federalists, including essays in the newspapers at the time and formal petitions from the states, he narrowed down dozens of points of law into twelve formal rights. At the end 10 of Madison's amendments were added to the Constitution.

What does the "wall of separation" refer to?

As the nation became more diverse and more secular over the years, the Supreme Court constructed what Thomas Jefferson had called a "wall of separation" between church and state. In this nation of varied religions and countless government institutions, however, church and state can sometimes encroach on each other.

A National Standard

As the ratification debate moved toward adding the Bill of Rights, George Mason and Virginia's other critics of the proposed Constitution drafted suggested amendments to the Congress. With this came the suggestion for the right to bear arms in the Second Amendment.

Founding Principles and Bearing Arms

At the 1787 Philadelphia Convention, the debate about weapons was generally related to a standing army. In light of the recent Shays' Rebellion, several attendees were inclined to enable Congress to maintain a regular Armed Force, a paid, professionally trained military. Others cling to the idea of States keeping regular militias that the federal government would call into service.

Denying Garland

At the end of Obama's presidency one of the justices died. With the majority Republican Senate Obama was denied his appointment because, in hopes of a conservative president, the Senate wanted to wait to try and get a conservative nominee on the court.

Individual Rights and the Second Amendment

Attempts to shape gun policy continue at the federal level with little success. Most gun policy and efforts to balance order and freedom with respect to the Second Amendment are scattered among varying state laws and occasional Lower Court decisions.

Freedom of Religion

Both James Madison and Thomas Jefferson led a fight to oppose a Virginia tax to fund an established state church in 1785. Madison argued that no law should support any true religion nor should any government tax anyone, believer or unbeliever, to fund the church.

Role of 5th and 14th Amendment

Both types of due process apply to the federal and state governments through the Fifth and Fourteenth Amendments. These measures prevent the government from unfairly depriving citizens of their freedoms or possessions without being heard or receiving fair treatment under the authority of law.

What would Brutus say about the nature of our court system?

Brutus believed the Supreme Court justices would "be placed in a situation altogether unprecedented in a free country--totally independent. No errors they may commit can be corrected by any power above them, if any such power there be, nor can they be removed from office for making ever so many erroneous adjudications."

Post Warren courts

Burger was elected by Nixon to take his place, and by no means satisfied Nixon's quest to instill a conservative philosophy and largely failed in judicial leadership. While lacking Warren's leadership skills, Burger kept the Supreme Court on a somewhat similar path to the one Warren had begun. (Roe vs. Wade). Then after Burger came the Rehnquist Court, who was nicknamed the lone ranger because he would vote the opposite way of others.

Chief Justice Roberts

Chief Justice John Roberts has guided the Court with judicial minimalism. "Judges and justices are servants of the law, not the other way around. Judges are like umpires," he said during his confirmation hearing.

Early Courts to the New Deal

Chief Justice Roger Taney replaced John Marshall. During this period Congress increased its membership to nine justices and created additional circuits. This supreme court tried to keep slavery as a right and upheld the Fugitive Slave Act. They also determined the Dread Scott case, which has left a bad record on this court.

Civil Cases

Citizens can bring civil disputes to U.S. court to settle a business or personal conflict. Some plaintiffs sue over torts, or civil wrongdoings that damaged them. In a lawsuit, the plaintiff files a complaint, a brief explaining the damage and why the defendant should be held liable.

Explain common law and precedent

Common law refers to the body of court decisions that make up part of the law. Court rulings often establish precedent--ruling that firmly establishes a legal principle. These precedents are generally followed later as subordinate courts must and other courts will consider following.

Congressional Oversight and Influence

Congress sets and pays judges' salaries. Congress budgets for the construction and maintenance of federal courthouses. It has passed an entire body of law that helps government the judiciary.

Marbury v. Madison

Constitutional Question: Can an appointed judge sue for his appointment, and does the Supreme Court have the authority to hear and implement this request? Facts of the case in 2-3 sentences This controversy started as a dispute regarding the procedutes of appointments during a presidential transition. Outgoing President John Adams hasd lost re-election to Thomas Jefferson and, in one of his final acts as president, appointed several members of his own Federalist Party to the newly created judgeships. The Senate had confirmed these "midnight judges," so-called because their appointment was made so late in the tenure of President Adams. Reasoning by the court in 2-3 sentences Marshall's Supreme Court took the case and determined that an appointed judge with a signed commision could sue if denied the job. (That is the yes vote.) However, the Court also ruled that the law entitling Marbury to the commission and the job, Section 13 of the Judiciary Act, ran contrary to Article III of the Constitution when it decided that the court had original rather than aappellate jurisdication in such cases. Impact of decision by the courtMarbury is a landmark case for its initiation of judicial review in American jurisprudence and in defining common law. Marshall had declared at the Virginian Ratifying Convention that Congress would not have power ro make law on any subject it wanted.

District of Columbia v. Heller

Countless interest groups filed friend-of-the-court briefs. Most members of Congress took positions on the issue. The US solicitor general filed a brief that suggested the court not go too far and prevent regulation, as reasonable limits on guns should remain lawful. For the first time the Court ruled that the Second Amendment recognizes an individual's right to own a gun related to militia service.

Implementation of Decisions

Courts decide and order citizens or government entities to take action or refrain from action The executive branch must then eforce this law. On a basic, local level, a state judge may issue a restraining order, but the police must do any necessary restraining.

Controversy with Judicial Policymaking

Critics argue that judicial policymaking is ineffective as well as undemocratic. Wise judges have a firm understanding of the Constitution and citizens' rights, but they do not always study issues over time. Most judges don't have special expertise on matters of environmental protection, operating schools, or other administrative matters.

Judicial Restraint

Critics of judicial activism tend to point out that, in a democratic, elected representative legislatures should create policy. These critics advocate for judicial restraint.

U.S. v. O'Brien

David O'Brien burned his Selective Service registration card in front of a Boston courthouse and was convicted for that action Under The Selective Service Act, which prohibited cell destruction of draft cards. He appealed to the Supreme Court, arguing that his protest was a symbolic Act of speech that the government could not infringe on. The court, however, upheld his conviction and sided with the government's right to prevent this behavior in order to protect congress's authority to raise and support an army.

Tinker v. Des Moines Independent School District (1969)

Does a public school ban on students wearing armbands and symbolic political protest violate student's First Amendment freedom of speech? Yes, for Tinker 7:2

Wisconsin v. Yoder (1970)

Does a state's compulsory school law for children age 16 and younger violate the 1st amendment's free exercise clause for parents whose religious beliefs and customs dictate they keep their children out of school after a certain age?Yes it does violate the first amendment 7-0

Schenck v. United States (1919)

Does the government's prosecution and punishment for expressing opposition to the military draft during wartime violate the First Amendment free-speech clause? No, for United States, 9-0

"Nuclear Option"

During George W. During Bush's first term, Democrats did not allow a vote on 10 of the 52 appeals court nominees that had cleared the Judiciary Committee. Conservative nominees were delayed by Senate procedure. The Democrats, in minority at the time, invoked the right to filibuster votes on judges. One Bush nominee waited four years.

U.S. Attorney

Each of the 94 districts has a U.S. attorney, appointed by the president and approved by the Senate, who represents the federal government in federal courts.

Miranda v. Arizona

Ernesto Miranda, an indigent man who never completed ninth grade, was arrested for the kidnapping and rape of a girl in Arizona. The police questioned Miranda for two hours until they finally emerged from the interrogation room with a signed confession. The confession was a crucial piece of evidence at Miranda's trial. This was ruled unconstitutional and Miranda received a new trial that did not use his confession. Additional proof, it turned out, was enough to convict this rapist. He went to prison while changing the national state due process law.

What did Article III create?

Established the terms for judges, the jurisdiction of the Supreme Court, the definition of treason, and a defendant's right to a jury trial. The Supreme court is the only court mentioned in the constitution.

Gideon v. Wainwright 1963 (required)

Facts Clarence Earl Gideon, a Drifter who had served jail time in four previous instances, was arrested for breaking and entering a Florida pool hall and stealing some packaged drinks and coins from a cigarette machine. She came to his trial expecting the local Court to appoint him a lawyer because he had been provided 1 in other states and previous trials. The Supreme Court had already ruled that states must provide counsel and case of indignant defendant facing the death penalty in, or in a case in which the defendant has special circumstances, such as the literacy or psychological and capacity. At the time of getting his trial, 45 States appointed attorneys to all indigent defendants. Florida, however, did not. Constitutional issue Does a state prosecution of a criminal defendant without counsel constitute a violation of the Sixth Amendment right to counsel? Decision/Holding Yes, for Gideon, 9:0 The court reasoned that a basic principle of the American system of government is that every defendant should have an equal chance at a fair trial and that without an attorney, the defendant does not have the equal chance. Implication In the majority opinion Justice black quoted from a number of previous cases that supported the appointment of an attorney for indigent persons and argued that the 1942 case of Betts vs Brady when it gets the courts on precedence. The court reasoned that there was no logical basis to the distinction between a capital offense, which would allow the appointment of an attorney for an Indigent person, and a non-capital offense, which until the Gideon decision would not have allowed free legal representation to indigent persons.

Roe v. Wade (1973)

Facts In 1971, when Texas resident Norma McCorvey, a single circus worker, became pregnant for the third time at age 21, she sought an abortion. States had developed anti-abortion laws since the early 1900's and this case reach the court as the national debate about morality, responsibility, freedom, and women's rights had peaked. At the time, only four states allowed abortions as in this case, and Texas was not one of them. Constitutional issue Does Texas has anti-abortion statute violate the due process clause of the 14th Amendment and a woman's constitutional right to an abortion? Decision/Reasoning Yes, for Roe, 7:2 The legal principle on which the case rests was new and somewhat revolutionary. Weddington and her team argued that Texas had violated Roe's right to privacy and that was not the government's decision to determine a pregnant woman's medical decision. Though there is no Express right to privacy in the Constitution, the court had decided in Griswold versus Connecticut in 1965 that the right to privacy was present in the penumbra of the Bill of Rights. Roe relied largely on the 14th amendment's due process clause, arguing that the state violated her broadly understood Liberty by denying the abortion. However, the majority opinion recognizes that the potentiality of human life represented by the unborn child is also of interest to the state. Implication Before 1973, abortion-on-demand was legal and only four states. The Roe decision made it unconstitutional for a state to ban abortion for a woman during the first trimester, the first three months of her pregnancy. An array of other state legislations developed in response. States passed statutes to prevent abortion at state-funded Hospitals and Clinics. They adjusted their laws to prevent late-term abortions. In 1976, Congress passed the Hyde Amendment to prevent Federal funding that might contribute to an abortion.

McDonald v. Chicago 2010 (required)

Facts: Citizens in both Chicago and in the nearby suburb of Oak Park challenged policies in their cities that were similar to one struck down in Washington. Chicago required all gun owners to register guns, yet the city invariably refused to allow citizens to register handguns, creating an effective band. The lead plaintiff, Otis McDonald, pointed to the dangers of his crime-ridden neighborhood and how the city's ban had rendered him without self-defense, and he argued that the second amendment should have prevented this vulnerability. Constitutional Issue: Does the Second Amendment apply to the states, by way of the 14th Amendment, and this prevents dates or their political subdivisions from banning citizen ownerships of handguns? Decision/Reasoning: In a close vote, the court applied the Second Amendment to the states via the fourteenth amendment's due process clause, arguing that, based on Heller, the right to individual self-defense is at the heart of the Second Amendment. The majority also noted the historical context for the 14th Amendment and asserted that the amendment sought to provide a constitutional foundation for the Civil Rights Act of 1866. This led to the continuation of selective incorporation. Implication: The selective incorporation Doctrine has encouraged the court to require state governments and their political subdivisions to follow most parts of the Bill of Rights. The ruling in McDonald highlighteed yet another right that the states and their municipalities could not deny citizens

Impeachment

Federal judges who act criminally or perhaps unethically can be impeached and removed. In 1804, John Pickering, a Federalist, became the first judge to be impeached. Pickering refused to resign, so the House impeached him, and the Senate convicted him on the charges of drunkennes and unlawful rulings.

Federalists vs. Anti-Federalists

Federalists were opposing the ratification of the Bill of Rights because they wanted a stronger national government and believed that the way the constitution was written already prohibited the national government from taking away citizens rights. The Anti-federalists wanted a weaker central government and were advocating for the bill of rights because they were afraid of the government abusing their power, as the monarchy had.

The supreme court ideology

For the past decade or so, most experts have been quick to characterize the Court as learning conservative. However, the Court has limited states' use of the death penalty and upheld government's eminent domain authority for economic development.

Roth v. United States

From the late 1950s until the early 1970s, the Supreme Court heard several appeals by those convicted for obscenity. In Roth versus United States, Samuel Ross, a longtime publisher of questionable books, was prosecuted Under The Comstock act. He published and sent through the mail his Good Times magazine, which contained partially airbrushed nude photographs. On the same day, the court heard a case examining a California obscenity law. The court upheld the long-standing of you that both state and federal seen any laws were constitutionally impermissible because I obscenity is utterly without redeeming social importance.

New York Times v. United States (1971

Governments cannot suppress a thought from entering the marketplace of ideas just because most people see the idea as offensive. A government that can squelch ideas is one that violates the very essence of Free democracy. The court, however, has never suggested that its reverence for free expression means that all expression should be tolerated at all times under all conditions. There are exceptions that all allow the state and federal government to limit or punish additional forms of speech.

Why is "permanency" important on the court(Federalist No. 78)?

He thought that as long as judges were acting properly, they would remain on the bench. This "permanency" shall protect them from other branches when they make unpopular but constitutional decisions

What is Hamilton's argument for an independent judiciary(Federalist No. 78)?

He thought that judicial review by an independent judiciary as a necessary means to void all governmental actions contrary to the Constitution.

U.S. Circuit Court of Appeals How does this work?

In 1891, with U.S. expansion and the increased caseload for the traveling Supreme Court justices riding circuit, Congress made the U.S. apeals courts permanent, full-time bodies. Appeals courts don't determine facts; instead, they shape the law.

Exclusionary Rule

In 1914, in the Weeks v. In The United States, the court established the exclusionary rule, which states that evidence the government finds or takes in violation of the Fourth Amendment can be excluded from trial. The decision protected the citizenry from aggressive federal police by reducing the chances of conviction. This justice system rejects evidence that resembles the "fruit of the poisonous tree," as Justice Feliix Frankfurter called evidence tainted by acquisition through illegal means.

Mapp v. Ohio 1961

In 1961, the Court incorporated the exclusionary rule to state law enforcement. Seven police officers broke into Dollree Mapp's Cleveland house in search of fugitive suspects and gambling paraphernalia, but they did find some obscene books and pictures. Mapp was convicted on obscenity charges and sent to prison. When her case arrived in the Supreme Court, the justices ruled the police had violated her rights and should never have discovered the illegal contraband. Mapp v Ohio became the selective incorporation case for the Fourth Amendment. Since the ruling state laws must abide by the Fourth Amendment.

Lemon Test

In 1971, the Court created a measure of whether or not the state violated the establishment clause in Lemon v. Kurtzman. Rhode Island and Pennsylvania passed laws to pay teachers of secular subjects in religious schools with state funds. The states mandated such subjects as English and math and reasoned that it should assist the parochial schools to carry out a state requirement. - Have secular purpose that neither endorses nor disapproves of religion - Have an effect that neither advances nor prohibits religion - Avoid creating a relationship between religion and government that entangles either in the internal affairs of the other

Clarence Thomas

In 1991, President Bush announced his replacement for retiring Justice Thurgoof Marshall, the first African American on the Court. He nominated conservative U.S. Appeals Court judge Clarence Thomas, who, as an African American, reflected the left's desire for diversity and the right's desire for a strict constructionist.

Ten Commandments

In 2005 the Court ruled two different ways on the issue of displaying The Ten Commandments on government property. One case involved a large outdoor display at the Texas state capitol.Among 17 other monuments at a six-foot-tall rendering of the Ten Commandments the other case involved the Ten Commandments hanging into Kentucky courthouse is accompanied by several historic an American documents. The court said that the Texas display was acceptable because of The Monuments religious and historical function. It was not in a location that anyone would be compelled to be in, such as a school or a courtroom.

Road to Heller

In 2008 the Supreme Court issued its first second amendment decision in decades. The case arose out of a Washington DC security guard's desire to travel home with his revolver. Since 1976, District of Columbia local ordinance bars individuals from keeping a loaded handgun at home without a trigger lock. Security guard dick Heller and libertarian lawmakers filed suit, claiming the ordinance violated his Second Amendment right.

Cohen v. California

In April 1968, Paul Robert Cohen wore a jacket bearing the words "F the draft" while walking into the Los Angeles Courthouse. local authorities arrested and convicted him for disturbing the peace by offensive conduct. The Supreme Court later overturned the conviction in Cohen versus California. The phrase on the jacket and no real way in cited an illegal action.

Brown v. Board

In Brown v. Board of Education, the U.S. Supreme Court ruled unanimously that racial segregation in public schools violated the Fourteenth Amendment to the Constitution. The 1954 decision declared that separate educational facilities for white and African American students were inherently unequal.

Judicial Review (Federalist No. 78)

In Federalist No. 78 Hamilton affirmed that the independent judicial branch has the power of judicial review to examine acts of legislatures to see if they comport with the proposed constitution.

Griswold v. Connecticut (1965) Not a required case, but an important precedent. Describe:

In Griswold versus Connecticut, the Court ruled an old anti-birth control State Statute in violation of the Constitution. The overturned law had barred married couples from even receiving birth control literature. The court for the first time emphasized an inherant right to privacy that, although not expressly mentioned in the Bill of Rights, could be found in the penumbras Of the 1st, 3rd, 4th, and 9th amendments.

What are the implications of selective incorporation?

In court cases seen over the past 100 years, selective incoperation has continued By incorporating the Bill of Rights into state law. For example, states have to adhere to the 14th amendment's due process clause, allowing everyone equal application of the law. The case McDonald vs Chicago Incorporated the Second Amendment into state rights as well, could not put a ban on the sale of guns. The trend continues that more Amendments of the Bill of Rights will be incorporated into state law.

Time, Place, and Manner Regulations

In evaluating regulations of symbolic expression, the court looks primarily at whether the regulation suppresses the content of the message or simply regulates the accompanying conduct. Is the government ultimately suppressing what was being said, or the time, place, or manner in which it was expressed?

How has the Supreme Court's use of judicial review in conjunction with life tenure led to debates about the legitimacy of the court?

In many cases the life tenure doesn't allow for change in ideology or for the impact of societal events to impact the judge's liberal or conservative opinions. Some argue that change only comes when a new justice is appointed. In other instances people view this as positive because it allows the court to stay level headed and consistant, when sociatal events become unsteady.

To what extent does the Supreme Court's interpretation of freedom of religion reflect a commitment to individual liberty?

In many court holdings the Supreme Court has ruled that schools are not allowed to hold public prayer for the students. On the other hand the Supreme Court has also ruled that certain government displays of religiously significant symbols is constitutional. The main thing differentiating these decisions is that certain symbols are viewed for historical significance, and were not placed to persuade people's belief, whereas school prayer could shape how the students believe. On both sides the court has fought to protect individual liberties.

Contemporary Procedural Due Process Rights

In recent years in the United States, institutions of government have shaped the interpretations of procedural due process rights in light of modern invention and complicated war.

To what extent are states limited by the due process clause from infringing upon individuals' right to privacy?

In regards to specifically substantive due process, the court has allowed for many freedoms to be protected. For example, in Roe v. Wade, the Court based its decision on the due process clause of the 14th Amendment, reinforcing substantive due process, as they did not want to place substansive limits on what liberties the government could take away from citizens. In many of these cases as well, the right to privacy was used as a defense. Though it is not stated directly in the Constitution, it can be found in the penumbras of the 1st, 3rd, 4th, and 5th amendments.

Income Tax

In the 1800s, Congress passed a national tax on individual incomes. Because the language in Article I, Section 8 is unclear on the types of taxes Congress can create and the manner in which these are to be applied, the Court struck them down. Later the 16th amendment was passed which created a national income tax.

The Court erects a wall

In the 1940s, New Jersey allowed public school boards to reimburse parents for transporting their children to school, even if the children attended parochial schools--those maintained by a church or religious organization. Some argued this continued an establishment of religion, but in Everson v Board of Education (1947), the Court upheld the law.

To what extent does the Supreme Court's interpretation of the Second Amendment reflect a commitment to individual liberty?

In the past, the second amendment was viewed as the Liberty to have militias who could bear arms. No, civil liberties around the Second Amendment are viewed as the right to own personal hand guns to use in self-defense outside of militias. In recent court cases, for example District of Columbia versus Heller, the court has ruled in favor of private gun ownership. At the same time, gun restrictions are held up in a court of law, for example there is a waiting period on buying a gun in some states. Still this does not stop from the many loopholes of getting a gun otherwise. Into the current political climate of school shootings, there will likely be more Court rulings to come around the Second Amendment and whether there will be more restrictions.

Engel v. Vitale (1961)

In their early development, public schools were largely Protestant institutions that began their day with a prayer. But the Court outlawed the practice in the early 1960s in its landmark case, Engel v. Vitale.

Fear of a central government

Individuals were protected from the federal government and "misconstruction or abuse of its powers," according to the Preamble of the Bill of Rights. That list of protections did not originally apply to state governments. For example, it did not prevent states from entangling church and government nor from taking private property for public use.

Loose/liberal Constructionist

Interprets the Constitution as a living document and takes into account changes and social conditions since ratification.

Strict Constructionist

Interprets the Constitution in its original text

Fourth Amendment

James Madison and the first Congress added the fourth amendment to prevent a recurrence of such a government over search and violation of Liberty, especially in the home. The amendment addresses searches and seizures of evidence and citizens. It specifically protects against unreasonable searches and seizures.

Liberties and the Constitution

James Madison originally opposed adding a bill of rights to the proposed Constitution. Madison felt it was unnecessary, believing that the Constitution clearly diluted powers of the government into the three branches, greatly diminishing any chance the government would run over citizen rights.

From Jefferson to Trump - freedom of press

Jefferson Road that our Liberty depends on the freedom of the press and that cannot be limited without being lost. On the other hand President Donald Trump refers to the press as the enemy of the people and repeatedly complained about fake news.

How does the principle of judicial review check the power of the other branches and state government?

Judicial review check's legislative power because they are able to overturn legislation that is unconstitutional. This ensures that Congress is not passing laws that do not abide with the law of the land. Judicial review check's executive power because they are able to declare presidential actions as unconstitutional (executive orders, etc).

concurring supreme court

Justices who differ from the majority can draft and issue differing opinions. Some may agree with the majority and join that vote but have reservations about the majority's legal reasoning. They might write a concurring opinion.

Cell Phones and Metadata

Major changes in the past two decades have altered the application of the Fourth Amendment. The concern over terrorism significantly spiked after Al Qaeda terrorists attacked the United States on September 11th 2001, Killing more than 3,000 people. In a sweeping responds to find these terrorists and prevent future attacks, the US government capitalize on Modern forms of investigation and electronic surveillance. This led to the debate over privacy of the internet regarding the fourth Amendment.

Public Funding of Religious Institutions

Many establishment cases address whether or not state governments can contribute funds to religious institutions, especially Roman Catholic schools. Most have been struck down.

How have changes in the Supreme Court over time led to debates about the legitimacy of the court?

Many have seeked to amend the courts for their own benefits. FDR tried to change rules to dismantle the four strong conservative judges, in order to pass some of hiis New Deal reforms. Other courts, such as the Warren courts that viewed the be unsuccessful, or not what the president who had appointed him hoped for. Lastly, the court ruled against an income tax, but that did not stop the later passing of the 16th amendment.

How does the decision in Marbury build on the powers expressed in the articles above to establish the power of judicial review?

Marbury established judicial review but article VI ensures that the courts still abide by the constitution when they are making decisions. This protects the law, and makes sure that the judicial branch's power is checked.

Establishment Clause (define/sig/example)

Members of the First Congress included the establishment clause in the 1st Amendment to prevent the federal government from establishing a national religion. More recently, the clause has come to mean the governing institutions--federal, state, and local--cannot sanction, recognize, favor, or disregard any religion. Christianity is not the required religion in America.

Malicious Intent

New York Times company versus Sullivan and subsequent decisions have generally ruled that to win a libel suit in Civil Court, the suing party must prove that the offending writer either knowingly lied or presented information with a reckless disregard for the truth, that the writer did so with malicious intent to defame, and that actual damages were sustained

What are some areas where the courts shaped policy?

Once President John Adams appointed Federalist John Marshall as chief justice, the Court began to assert itself under a strong, influential leader.

Rule of 4

Once four of the nine justices agree to accept the case, the appeal is granted. This rule of four, a standard less than a majority, reflects the court's commitments to claims by minorities.

What issues lead to debates about the legitimacy of the Court, and how can other branches limit Supreme Court power?

Other branches are able to check the powers of the judical branch. For example the senate has to vote who the president appoints to the bench. Many argue that judges do not have enough expertise on the rulings they are making, so their decisions are not informed as much as they should be. Some worry aswell that the judges have too much power as they can serve life sentences, but still the legislative branch is able to impeach judges who act unethically or criminally.

To what extent does the Supreme Court's interpretation of speech reflect a commitment to individual liberty?

Overall the court wishes to protect speech as much as they can, but they do rule against it when it comes to opposing threats. For example they ruled against O'Brian when he burned his draft card, as this prohibited the government's ability to raise an army. On the other hand in cases such as Cohen v California, citizens are upheld the right to share their opinions, no matter how offensive, if they do not insight violence.

Vouchers

Parents of parochial students pay the same taxes as public school parents while their children don't receive the service of public schools. The Cleveland Ohio program offered as much as $2,250 in tuition reimbursement for low-income families and $1,875 for any family sending their children to private schools. The court upheld the program largely because the policy did not make the distinction between religious and non-religious private schools even though 96% of the private school students attended a religious-based school.This money did not go directly to religious schools but rather to the parents for educating their students

Religion in Public Schools

Pawtucket, Rhode Island annually adorned its shopping district with Christmas decor including a Christmas tree, a Santa's house and a nativity scene. Plaintiffs sued, arguing that the nativity scene created the government establishment of Christianity. And Lynch vs Donnell the court upheld the city's right to include this emblem because it served a legitimate secular purpose of depicting the historical origins of the Christmas holiday.

Symbolic Speech Define/Example

People cannot invoke symbolic speech to defend an act that might otherwise be illegal. For example, a nude citizen cannot walk through the town square and claimed he right symbolically protected textile sweatshops after his arrest for indecent exposure. Symbolic speech per se is not an absolute defense in a free-speech conflict. However, the court has protected a number of symbolic acts or expressions.

Loopholes

Private gun collectors can avoid the background check when purchasing Firearms at private gun shows, and some guns can be purchased via the internet without a background check. Federal law and 28 States still allow juveniles to purchase long guns From unlicensed dealers, and the National check system has an insufficient database of non felon criminals, domestic violence offenders, and mental health patients.

Rights of the Accused

Procedural due process also guarantees that the accused are treated fairly and according to the law. The 5th, 6th, and 8th Amendment have been mostly Incorporated so they apply to the states as well.

Recent State Policy

Recent State Policy According to a count by the San francisco-based Law Center to prevent gun violence more than 160 laws restricting gun use or ownership were passed in 42 States and the District of Columbia after the Newtown massacre. These included broadening the legal definition of assault weapons, Banning sales of magazines that hold more than seven rounds of ammunition, and increasing the number of potentially dangerous people on the no purchase list.

Arguments for maintaining precedent vs establishing new law

Rulings by higher courts bind lower courts to the same ruling. Keeping this would provide certainty in the law. On the other hand, precedent does not allow for many mistakes, which is bound to happen.

Under what circumstances should schools have the right to search student lockers, backpack, coats, etc?

School officials are not required to have the same level of probable cause as police. Students are entitled to a "legitimate expectation of privacy," the Court said, but this must be weighted against the interests of teachers, administrators, and the school's responsibility and mission. The New Jersey v. The TLO ruling gave administrators a greater degree of leeway than police in conducting searches, requiring that they have reasonable cause or suspicion, not full probable cause.

In the States

Several state constitutions had a bill of rights. 4 of the 13 states protected the right to bear arms as part of a militia Force. Only one, Pennsylvania, protected the right to bear arms as individual self-defense. The states that did have gun laws also had regulations.

Obscenity

Some language and images are so offensive to the average citizen that governments have banned them. Though obscenity is difficult to Define, two trends prevail regarding obscene speech; The First Amendment does not protect it, and no national standard fully defines it.

Substantive Due Process

Substantive due process places substantive limits on what Liberties the government can take away or deprive a citizen of. The substance of the law - the very point of the law - violates some basic right, even one not listed in the Constitution, then the court can declare it unconstitutional. State policies that might violate substantive due process rights must meet some valid state or public interest to promote the police powers of regulating health, welfare, or morals. The right to substantive due process protects people from policies from which no legitimate state interest exists or the state interest fails to override the citizens' rights.

the Second Amendment and Gun Policy

Supreme Court interpretations of the Second Amendment, like those of the First Amendment, represent a commitment to individual liberties. The amendment States, "A well regulated militia, being necessary to the security of the Free State, the right of the people to keep and bear arms, shall not be infringed."

Era of Protest

The 1960s witnessed a revolution in free expression. As support for the Vietnam War waned, young men burned their draft cards to protect the military draft. Congress quickly passed a law to prevent the destruction of these government-issued documents.

USA Freedom Act

The 2015 USA Freedom Act has altered the government taxes to film data. The new law does not completely eliminate the collection and storage of this metadata by cell phone operators, but it does prevent the government's easy access to it. The new law requires the Executive Branch to acquire a warrant to examine the metadata.

Fourth Amendment and the Exclusionary Rule

The 4th amendment prevents law enforcement from conducting unreasonable searches and seizures.

Cruel and Unusual Punishment and Excessive Bail

The 8th Amendment prevents cruel and unusual punishment and excessive bail. Capital punishment, or the death penalty, has been in use for most of us history, and it was allowed at the time of ratification of the Constitution and the Bill of Rights. There is nevertheless debate about whether the death penalty fits the definition, according to the framers, of cruel and unusual. Many states have banned this practice

National and State Laws

The Bill of Rights was originally created to limit the federal government. States made their own gun regulated laws for years and still do today. A handful of national gun laws exist based on the Commerce Clause.

How is the circuit court of appeals different from the U.S. Circuit Courts?

The Circuit Court for the Federal Circuit hears appeals with patents, contacts, and financial claims agains the United States. The Circuit Court of Appeals for the District of Columbia, among other responsibilities, handles appeals from those fined or punished by executive branch regulatory agencies.

Judge's Terms

The Consitution says that judges can hold office "during good behaivor." Though they are given a "life term" most judges retire or get senior status around 65. Some have also been impeached and removed. The framers did this because the other branches have no power to remove them over disagreements in ideologies. Congress can't use the power of the purse either.

Stare Decisis vs. Civil Rights

The Court had ruled in 1935 in Grovey v. Townsend that the Democratic Party of Texas, as a private, voluntary organization, could determine its own membership rules. Even if those rules banned African Americans from voting in the primary, as the Constitution didn't apply to this non-government institution.

After Heller and McDonald

The Heller and McDonald decisions partially govern gun policy in the United States, but the court has done little to Define gun rights and limits sense. It declined to hear cases on assault weapon bans from Maryland and from the Chicago area municipality. The court has also declined to rule on restrictive California limitations on who may carry concealed guns. Republicans tend to fiercely defend citizens' rights to own and carry guns, while Democrats tend to seek stronger restrictions on sale, ownership, and public possession. After a mass school shooting President Barack Obama issued an executive order to keep guns out of the hands of mentally disabled Social Security recipients. President Donald Trump, a gun advocate, reversed the order in 2017.

How did John Marshall impact the court?

The McCulloch v. Maryland and Gibbons v. Ogden rulings empowered Congress to create a bank and strengthened its power to regulate interstate commerce.

Advice and Consent

The Senate Judiciary Committee reviews the president's judicial appointments. Sometimes nominees appear before the committee to answer senators' questions about their experience or their views on the law.

Balancing National Security and Individual Freedoms

The Supreme Court continually interprets provisions of the Bill of Rights to balance the power of government and civil liberties of individuals, sometimes recognizing the individual freedoms are of primary importance and at other times finding that limitations to free speech can be justified, especially when needed to maintain social order.

First Amendment/Gitlow v. NY

The Supreme Court declared that the First Amendment prevented States from infringing on free thought and free expression. In a series of cases that address state laws designed to crush radical ideas and sensational journalism, The court began to hold states to First Amendment standards. In the 1920s, Benjamin Gitlow, a New York socialist, was arrested and prosecuted for violating the state's criminal Anarchy law. The law prevented advocating a violent overthrow of the government. Gitlow was arrested for writing, publishing, and distributing thousands of copies of a pamphlet called the left-wing Manifesto that called for strikes and class action in any form.And get low versus New York however the court actually enhance the state's power by upholding the state's criminal Anarchy law and Gitlow's conviction represented a threat to public safety.

Incorporating the Bill of Rights

The Supreme Court has ruled in landmark cases that state laws must also adhere to certain Bill of Rights provisions through the 14th amendment's due process clause.

Defining Protected Speech

The Supreme Court has taken two generations of cases to define free speech and Free Press and Free Speech cases still occasionally appear on the Court's docket. When does one person's right to free expression violate another's right to peace, safety or decency? Free speech is not absolute with both federal and state governments having to show substantial or compelling governmental interest - a purpose important enough to justify the infringement of personal Liberties - to curb it.

What are some characteristics of a Supreme court case

The Supreme Court mostly hears cases on appeal from the circuit courts and from the state supreme courts. The court can spend weeks or months to come to a consensus and about 70 percent of the cases are overturned.

How has the Supreme Court attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety?

The Supreme Court rules against cruel and unusual punishment but this is relative. For example the court rules that capital punishment is not cruel and unusual punishment, while many Americans would view that it is. In cases that surround National Security the court tends to rule against civil liberties for public safety. For example after the attack on 9/11, the government used personal devices to listen in on personal conversations in an attempt to combat further terrorism.When it comes to the Fourth Amendment the Supreme Court does not allow random searches and seizures unless there is a warrant involved, meaning they usually rule in favor of civil liberties in this area.

Interactions with Other Branches

The U.S. The Constitution establishes a system of checks and balances among branches of government and allocates power between federal and state governments. This system is based on the rule of law and the balances between majority rule and minority rights.

Federal Crimes

The U.S. district courts try federal crimes, such as counterfeiting, mail fraud, or evading federal income taxes--crimes that violate the enumerated powers in the constitution. Most violent crimes are tried in state courts.

September 11 and Executive Reaction

The USA Patriot Act was a response to the terrorist attacks on September 11th 2001 and the law gray civil liberties questions when government surveillance efforts intensified. Additional issues related to "war on terror" also Drew attention to civil liberties.

Original jurisdiction

The authority to hear a case for the first time

What impact can vacancies on the supreme court lead to?

The composition of the Court changes as seats become vacant, and the presidential appointments to fll them can lead to shifts in the ideology of the Court. These changes can result in the overturning of some precedents, calling into question the reliability and therefore legitimacy of Supreme Court decisions.

Due Process

The concept of fundamental fairness that ensures legitimate government in a democracy is due process. It prevents arbitrary government decisions to avoid mistaken or abusive taking of life, liberty, property from individuals with legal cause.

Stare Decisis

The concept of stare decisis, or "let the decision stand" which courts cite to stare decisis when an issue had been previously brought to the court and a ruling already issued.

Getting "Borked"

The confirmation process began to focus on ideology during the Reagan administration. President Reagan nominated U.S. Appeals Court Judge Robert Bork for the Supreme Court in 1987. He was an advocate of original intent, or "originalism," seeking to uphold the Consititution as the framers intended.

Miller v. California (Miller Test)

The conflict continued with Miller versus California. After a mass mailing from Marvin Miller promoting adult materials, a number of recipients complained to the police. California authorities prosecuted under the state's obscenity laws. On appeal, the justices reaffirmed the obscene material was not constitutionally protected, but they modified the Ross decision saying in fact that a local judge or jury should Define obscenity by applying local community standards. - The average person applying contemporary Community standards finds it appeals to the prurient interest - It depicts or describes, and a patently offensive way, sexual conduct specifically defined by state law. - It lacks serious literary, artistic, political, or scientific value

Later Abortion Rulings

The court has addressed a series of cases on abortion since Roe and the abortion issue inevitably comes up at election time and during Supreme Court nominees confirmation hearings. And Planned Parenthood versus Casey, the court outlawed of Pennsylvania law designed to discourage women from getting an abortion or expose abortion patients via public records. Also did not uphold the informed consent portion of the law that required the aborting women married or unmarried to inform and secure consent from the father. However, the Casey decision did uphold such state requirements as a waiting period, providing information on abortion Alternatives, and requiring parental(or judge's) consent for pregnant teens.

Press and Speech

The court has not made much distinction between speech and press and ordinarily provides the same protective standards for both rights. Speech includes an array of Expressions - actual words, the lack of words, pictures, and actions. On average a citizen has as much right to Free Press as does a professional journalist. The First Amendment does not protect all speech, or all press, especially if communication invites danger.

Texas v. Johnson

The court struck down both state and federal statutes meant to prevent desecrating or burning the US flag in Texas vs Johnson and United States vs Eichman, respectively. The court found that these laws serve no purpose other than ensuring a government and post political idea - reverence for the flag.

Constitutional Convention

The debates show us how far the Revolution and its aftermath had reversed traditional thinking. Previously, most Statesmen of the day assumed that malicious, locally controlled, would be less prone to corruption and abuse. By 1787 though the men of the convention insisted on Effective Government required a national Army. The framers did not have in mind that The Second Amendment would include private gun ownership.

11th Amendment Impact

The eleventh amendment further redefines court jurisdiction. Anti-federalist and states' rights advocated had warned that the new federal courts might overpower the state courts, and they saw the decision in Chisolm v. Georgia as such an encroachment.

Early Incorporation

The first incorporation case used due process to evaluate issues of property seizure. In the 1880s, a Chicago rail line to the city, which had constructed a street across its tracks. In an 1897 decision, the Court held that the newer due process clause compelled Chicago to award just compensation when taking private property for public use. This really Incorporated the just compensation Clause of the Fifth Amendment, requiring that the states adhere to it as well.

Clear and Present Danger

The first time the court examined a federal conviction on a free speech claim was in Schenck versus United States. This case helped establish that limitations on Free Speech may be warranted during wartime.

The First Amendment: Church and State

The founders wanted to stamp out religious intolerance and outlaw a nationally sanctioned religion.

Free Exercise Clause (define/sig/example)

The free exercise clause in the First Amendment prevents governments from stopping religious practices. This clause is generally upheld, unless a religious act is illegal or threatens the interests of the community. Today, these clauses collectively mean people can practice any religion they want, provided it does not violate established law or harm others, and the state cannot endorse or advance one religion over another.

A Culture of Civil Liberties

The freedoms Americans enjoy are about as comprehensive as those in any western democracy. Examples: Anyone can practice or create nearly any kind of religion. Expressing opinions in public forums or in print is nearly always protected. Just outside the Capitol building, the White House, and the Supreme Court, protestors often gather to criticize law, presidential action, and alleged miscarriages of justice without fear of punishment or retribution. Nearly all people enjoy a great degree of privacy in their homes.

Metadata

The government contends that many of the new techniques, including the third-party mining of metadata - the who, when, and for how long details of communication, but not the actual conversation - are in compliance with the 4th amendment. metadata according to David Cole of The Nation, "Can reveal whether a person called a rape-crisis center, a suicide or drug treatment hotline, a bookie, or a particular political organization." Should the government be privy to such information without probable cause or securing a particular War?

The Brady Bill

The gun debate came to the forefront again after a mentally disturbed John Hinckley shot President Ronald Reagan in 1981. Reagan survived as did his press secretary James Brady, but Brady suffered a paralyzing head wound. His wife helped organize a coalition to prevent handgun violence.

Interest Groups

The increasingly publicized confirmation process has also involved interest groups. Confirmation hearings were not public until 1929. In recent years, they have become a spectacle and may include a long list of witnesses testifying about the nominee's qualifications.

U.S. Circuit Court of Appeals; Certiorari

The losing party from a fact-based trial can appeal based on the concept of certiorari, Latin for "to make more certain." The appellant must offer some violation of established law, procedure, or precedent that led to the incorrect verdict in a trial court.

Habeas Corpus Cases during the War on Terror

The lower court has declared part of the USA Patriot Act unconstitutional. The Supreme Court has addressed habeas corpus rights. The right of habeas corpus guarantees that the government cannot arbitrarily imprison or detain someone without formal charges. Could detain he's at Guantanamo Bay question their detonation? The president said no, but the court said yes. Rasul v Bush Stated that because the United States exercise has complete authority over the base in Cuba, it must follow the Constitution.

New York Times v. Sullivan

The main decision that defined the first amendment's protection of printed speech against the charge of libel was New York Times company versus Sullivan. In 1960, a Civil Rights group, including Martin Luther King Jr, put an ad in the New York Times entitled "Heed their Rising Voices," which included some inaccuracies and false information about a Montgomery, Alabama, City Commissioner, L.B. Sullivan. After Sullivan sued for libel the Supreme Court ruled in favor of the New York Times because there was no malicious intent and the mistakes in the paper were honestly made.

Defining Obscenity

The new rule created a swamp of ambiguity that the court tried to clear during the next fifteen years. Before Roth finished his prison term, the law turned in his favor. The pornography industry grew a pace during the sexual revolution of the 1960s and 1970s. States reacted, creating a battle between those declaring a constitutional right to create we're coming soon risque materials and local governments seeking bands. Ultimately the court could not reach a solid definition of obscenity, from 1967 to 1971, it overturned 31 obscenity convictions.

Ceritorari

The petitioner files a petition for certiorari, a brief arguing why the lower court erred. The Supreme Court reviews this to determine if the claim is worthy and if it should grant the appeal.If an appeal is deemed worthy, the justices add the claim to their "discuss list."

Appellate jurisdiction

The power to reserve or modify the lower court's decision

Attorney General

The president's Department of Justice, headed by the attorney general, investigates federal crimes with the Federal Bureau of Investigation or the Drug Enforcement Administration, and U.S. attorneys the accused criminals. These attorneys are also the legal authority for federal civil law on a more local basis.

Selective Incorporation

The process of declaring only certain, or selected, provisions of the Bill of Right applicable to the state rather than all of them at once is known as selective incorporation.

Fourteenth Amendment

The ratification of the Fourteenth Amendment in the aftermath of the Civil War strengthened due process. Before and during the Civil War Southern States placed many restrictions on the basic Liberties of African-Americans and white citizens to try to defend African American liberties. After the Civil War, former Union states were worried that the South would not comply with due process for African Americans.

Procedural Due Process

The right to due process dates back to England's Magna Carta(1215), when nobles limited the king's ability to ignore their liberties. Due process ensures fair procedures when the government burdens or deprives an individual. (Addresses the manner in which the law is carried out)

Prior Restraints

The right to stop spoken or printed expression in advance

Right to Counsel

The sixth amendment's right to counsel has been in place since the ratification of the Bill of Rights, it was first merely the right to have a lawyer present at trial, and, as with the rest of the Bill of Rights it originally applied only to defendants in federal court. In a series of cases starting in the 1930s, the Supreme Court developed its view of the right to counsel and state criminal cases.

What are the three tiers of the federal court system?

The three-level federal court system consists of the U.S. District Courts on the lowest tier, the U.S. Circuit Courts of Appeals on the middle tier, andthe U.S. The Supreme Court alone on the top.

To what extent does the Supreme Court's interpretation of freedom of the press reflect a commitment to individual liberty?

There has been a shift from the view of the press when the first amendment was first written versus current times. Back then, more people viewed the press as a credible source to hold the government accountable. Now, many view the press as unreliable. The court occasionly, rules against free press, very sparingly when it comes to libel and defamation(but it is very hard to prove in court). This is because there has to be proven malicious intent and proven damages to count. Overall speech is majorly protected. In many ways it is protected in similar ways as speech is.

What kind of court system existed under the Articles of Confederation?

There was no national court system under the Articles of Confederation, so the framers created a national judiciary while empowering Congress to expand and define it. States had existing courts so the framers found no reason to create new ones. Federalists argued that this would lead to contradictions and confusion.

Characteristics of the New Deal era

There were the four strong conservatives on the court who were nicknamed the "Four Horsemen" who overturned some New Deal Programs. FDR tried to change rules regarding the court so that he could add more liberal judges, but was not able to. One of the conservative judges turned more moderate so some New Deal laws were able to pass.

Protections in the Bill of Rights

These civil liberties include protections of citizens' thoughts, beliefs, opinions, and their right to express them. It protects property. Government cannot take away property without a just cause. A list of criminal justice rights embedded in the Bill of Rights guarantees a criminal defendant protection against government searches unless with probable cause; a right to cross-examine witnesses, to refuse to testify, and to be judged by a jury of peers; and protection against cruel and unusual punishment.

Attorney General

These executive branch prosecutors work in the Department of Justice under the attorney general, assisted by the FBI and other federal law enforcement agencies.

Substantive Due Process Denied

These policies became a thorny issue as labor unions and corporations debated the Constitution and while legislators tried to promote the health and safety of citizens.The 1873 Slaughterhouse Cases forced a decision on the privilege or immunities clause of the recently ratified 14th Amendment. The Slaughterhouse Cases where a group of cases relating to the state of Louisiana is consolidation of slaughterhouses in 21 government-run operations outside of New Orleans, causing butchers and other locations to close up shop and thereby infringing on their right to pursue lawful employment.In a dissenting opinion, Justice Joseph Bradley asserted that the right of any citizen to follow whatever lawfull employment he chooses to adopt as one of his most valuable rights and one which the legislature of a state cannot invade, so a lot of violate such a fundamental, unalienable right cannot be constitutional.

Warren Court (examples)

This court extended many liberties Under Chief Justice Earl Warren after Eisenhower appointed him in 1953. He oversaw the Japanese internment camps during the war, and was a very unpopular judge.

Brady Handgun Violence Prevention Act

This law established a 5-day waiting period. For handgun purchases to allow for a background check. The weight also serves as a potential cooling-off period, for anyone buying a gun for a media impulse, anger, or Revenge.

Senatorial Courtesy

This practice of senatorial courtesy is especially routine with district judge appointments, as districts are entirely within a given state. When vacancies occur, senators typically recommend judges to the White House.

What are other things mentioned in Article III?

Treason is the only crime that is mentioned in the Consitution (in Article III). It is defined as "levying war" or giving "aidor comfort" to the enemy. British rulers had abused this crime in order to lead unfair trials. Also in article III, the framers gave Americans the right to a Jury Trial.

Majority opinion supreme court

Typically, those justices who write the majority opinion--reflecting the Court's ruling--have expertise on the topic or are obviously passionate about the issue.

Trial Court

U.S. district courts are trial courts with original jurisdiction over federal cases. The litigants in a trial court are the plaintiff--the party initiating the action--and the defendant, the party answering the claim.

Confirmation

When a Supreme Court vacancy occurs, a president has a unique opportunity to shape American jurisprudence. Of the 162 nominations to the Supreme Court over U.S. history, 36 were not confirmed. Eleven were rejected by a vote of the full Senate. The others were either never acted on by the Judiciary Committee or withdrawn by the nominee or by the president.

Judicial Activism

When judges strike down laws or reverse public policy, they are exercising judicial activism. Activism can be liberal or conservative, depending on the nature of the law or executive action that is struck down.

How does the U.S. Constitution protect individual liberties and rights, and what rights are protected in the Bill of Rights?

When the Constitution was first written, there were no protections of individual liberties and rights, until the Bill of Rights, written by James Madison, were added. These rights ensure that the government would not become too powerful in ways that the monarchy had been. For example the bill of rights protected citizens from cruel and unusual punishments, unwarranted searches and seizures, unfair trials, and a few others while also protecting freedoms such as speech, religion and right to bear arms.

Interpreting the Bill of Rights

Whether they are interpreting the Constitution, clarifying the meaning of the amendments, or determining the constitutionality of newly passed laws, the justices on the Supreme Court often dictate the direction of the nation. The Court has interpreted and reinterpreted liberties in an effort to protect them from encroachment by the federal government or local governments. The Supreme Court has been involved in determining if the government--state or federal--crosses a line and violates a clause in the Bill of Rights.

To what extent are states limited by the due process clause from infringing upon individual rights?

With limited exceptions, it is both a state and federal requirement to implement due process of the law. For example, in Miranda vs. In Arizona, Miranda's confession was deemed inadmissible because it was coerced out, disregarding the due process of law. After, when Miranda was given a constitutional trial, the evidence clearly showed that he was guilty, without his unconstitutional confession. The only limit to this is in cases of public safety(the reading of the Miranda rights). On the other hand there is a limitation to due process when it comes to students at school, where administration has the right to searches and seizures without a warrant.

Persuasive precedent

they can consider past decisions made in other district courts or far away circuit courts as a guiding basis for decision.

Binding precedent

when a U.S. district court receives a case that parallels an already decided case from the circuit level, the district court is obliged to rule the same way