THE JUDICIAL BRANCH
Chapter 7: Judicial Branch
Chapter 4: Rights and Responsibilities of Citizens
Chapter 16: Citizenship and the Law
BRAINSTORMING
 What would a society without laws look like?
 Would it be very different than our society?
 Make a list of laws that you think are unjust?
 How do we determine fair punishments?
“EQUAL JUSTICE UNDER LAW”
 Our judicial system protects citizens under a set of laws/rules that define
everyone’s rights and freedoms
 Laws promote the common good, protect you physically and personally,
protect your rights, and set limits on behavior
 However, questions can arise as to where our rights end and someone else’s
rights begin
 Consider: Freedom to play music v. Neighbor’s right to enjoy peaceful surroundings
QUESTION: Think about the phrase “liberty and justice for all”…how are the two
ideas tied together in our system of government? Explain.
CIVIL V. CRIMINAL LAW
Civil Law
Criminal Law
 Disputes between people
 Defines crimes
 Behaviors that are illegal because
society finds it to be harmful
 Judge and/or jury listen to
arguments of both sides
(facts of the case)
 Settles personal issues
 Outlines trial/punishment
 Protect society as a whole
QUESTION: WHAT ARE SOME EXAMPLES OF CRIMINAL AND CIVIL
LAWS/TRIALS?
SOURCES OF THE LAW
 Principles of Laws are set forth in the Constitution
 Four principal types of law:
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Statutory
Common
Administrative
Constitutional
 Constitutional Law is the supreme law of the land
STATUTORY LAW
 Laws passed by lawmaking bodies are known as statutes
 Can be passed by Congress, state, or local gov’t
 Most criminal laws and many civil laws fall into this category
 Usually represent the majority rule, so they can change over time
through the adoption of a new law
QUESTION: WHAT ARE SOME EXAMPLES OF STATUTORY LAWS?
COMMON LAW
 We cannot have a statute for every type of wrongdoing in our
society…just imagine how long that list of laws would be
 Thus, courts often need to make decisions based off common sense,
traditions, and past decisions…this practice is known as common law
 Precedent: Earlier Decision
 Often, judges will use precedent to help them make decisions in court
cases
 Over time, the ruling becomes a customary law (common law)
QUESTION: WHAT ARE SOME EXAMPLES OF COMMON LAWS?
ADMINISTRATIVE LAW
 Administrative laws are created by government agencies/commissions and not
official legislatures
 Many of these laws affect our daily lives, much like statutory laws, since the
agencies are overseeing some aspect of our society
QUESTION: WHAT ARE SOME EXAMPLES OF
ADMINISTRATIVE LAW?
CONSTITUTIONAL LAW
 SUPREME LAW OF THE UNITED STATES
 Based on the Constitution and how the Supreme Court interprets the
Constitution
 Example: 6th Amendment’s Right to “assistance of counsel” for their defense and the
SC interpretation that states must give free legal aid to those unable to afford a
lawyer (Gideon v. Wainwright)
QUESTION: WHAT ARE SOME EXAMPLES OF
CONSTITUTIONAL LAW?
THE ROLE OF COURTS
 Cases can be people v. people; people v. government; government v.
government
 In a criminal case, it is society v. individual
 Society represented by attorney for government (often the District Attorney)
 In civil dispute, both sides have options of having an attorney or representing
themselves
T HE F EDERAL
COURT SYSTEM
THE FEDERAL COURT SYSTEM
U.S. DISTRICT COURTS
 Set up by Congress
 Federal District Courts
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Lowest level of US federal courts
Trial courts for original jurisdiction (no appeals in district courts)
Only federal court in which jury trials are held
94 Total in United States (each state has at least 1)
 3 District Courts in PA
DISTRICT JUDGES
 Federal District Judges are appointed by the President and get approved by
Senate
 Can only be removed via impeachment by Congress
 Trial judges that oversee civil and criminal trials
 Apply the law to the facts of the case
 Can be with or without juries
 Decides punishment in criminal cases
U.S. COURT OF APPEALS
 Losing party in district court has right to appeal
 US Court of Appeals reviews decision by lower courts (Appellate Jurisdiction)
 12 Judicial Circuits
 PA in judicial circuit 3, along with New Jersey & Delaware
 Each court of appeals will have anywhere from 6 to 28 judges
 Longest serving member under 65 years of age is the senior judge
U.S. COURTS OF APPEALS: THE CURRENT MAP
12
PROCESS OF COURT OF APPEALS
 Losing party appeals
 Panel of at least 3 judges examines records of district court and hears arguments
from both sides
 Do not decide guilt, but rather if the trial was fair and law was properly interpreted
 Majority vote for decision
 May be sent back to new trial in district court (remand) or uphold the court’s
decisions
 This may get appealed again to the Supreme Court
THE SUPREME COURT
 Highest court of the United States
 Consists of nine justices, appointed for life
 Chief Justice is the principal judge on the case
 Today: John Roberts
 Reviews cases that have been tried in lower federal
courts and in state courts most of the time
 3 Exceptions for SC original jurisdiction
1.
2.
3.
Diplomats from other countries
Cases between states
State v. Federal Gov’t cases
QUALIFICATIONS
 No Special Requirements
 Appointed by President, approval by Senate
 Removal by resignation, death, or impeachment only
JUDICIAL REVIEW
 Power where the Supreme Court can decide whether or not a law
is in agreement with the Constitution
 How did they get this power?
 John Marshall in the case of Marbury v. Madison
 Marbury named justice of peace by John Adams
 Jefferson tells Sec of State Madison to deny appointment
 Marbury claims Judiciary Act of 1789 gives court power to order Madison
to fulfill appointment
 Marshall says it was not granted by Constitution—declares act of Congress
unconstitutional
PICK & CHOOSE YOUR CASE…
 Over 7,000 cases are filed each year to the SC
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Court takes cases that deal with important constitutional or national questions
Minimum of four justices must vote to hear a particular case
If refused, lower court decision will remain in effect
Remand: return a case to the lower court for a new trial
HEARING A CASE…
 Supreme Court hears cases by oral
arguments
 Each side given equal time
 Justices will then read written
arguments and consider arguments
said in court
 Eventually, they will take a vote and
a simple majority wins
 After all of this, the Court will
share the opinion
 Reasoning used to come to that
decision
….RULING ON A CASE
 Court’s Opinion (Majority Opinion)
 Written by senior member in majority or
Chief Justice (could assign to someone else
if they choose)
 Details reasoning for decision
 Concurring Opinion
 Agrees with decision, but not the reasoning
behind it
 Dissenting Opinion
 Explains why the justices in the majority
opinion are wrong
 Has zero effect on law, but is important if
case gets review later
CHECKS AND BALANCES REVISITED
 Executive Branch
 Appoints Federal Judges
 Legislative Branch
 Senate confirmation
 Rewriting of “unconstitutional” laws
 Amend the Constitution
QUESTIONS
 Do you think we should set qualifications for Supreme Court Justices?
Why or why not?
 Should Supreme Court Justices be appointed for life? Why or why not?
 When deciding cases, how should the Constitution be interpreted?
 Should it be word-for-word as written or interpreted for meaning (including modern times)
HOW THE COURT CHANGES OVER TIME
 Civil Rights and Segregation
 Scott v. Sandford (1857)
 Slaves were not US citizens (they were
property), thus they cannot sue
 Plessy v. Ferguson (1896)
 “Separate but equal” doctrine
 Brown v. Board of Education (1954)
 Segregated schools were not equal—reversed
Plessy ruling
TOUGH DECISIONS TO MAKE
 Many schools passed laws requiring children to salute the American flag in
schools each day. Many organizations supported this patriotic measure, while
many others opposed. One such group was the Jehovah’s Witnesses who
believe that biblical prohibition of worshipping images forbids them from
saluting the flag. With schools requiring the salute, a parent of two Jehovah’s
Witnesses challenged the law in court.
 How should the court rule? Explain.
TOUGH DECISIONS TO MAKE
 While gathering evidence for the prosecution of a suspect, the FBI bugs a
telephone booth by attaching a microphone and tape recorder to the outside of
the booth knowing the suspect will use a private number instead of his own for
illicit activities. The FBI did not have a warrant and the information obtained
in the search is to be used in courts. The defendant argues this constitutes an
illegal search since it is a public telephone and violates his right to privacy.
 How should the court rule? Explain.
TOUGH DECISIONS TO MAKE
 The Amish community often consists of close-knit families where
religion is a keystone to their daily lives and their culture differs
greatly from “traditional American” culture. One part of the
difference is that the Amish only believe in educating their children
until 8th grade and exclusively in Amish schools. Many states, such
as Pennsylvania, require students to attend high school until at least
16 years old. The Amish population believes public high schools
may threaten the beliefs of their youth, so they openly keep them
out of school in violation of the law. Can the Amish legally opt to
not have their youth be educated past 8th grade?
 How should the courts rule? Explain.
TOUGH DECISIONS TO MAKE
A student gives this speech to the student body to nominate his friend for
class officer:
I know a man who is firm - he's firm in his pants, he's firm in his shirt, his
character is firm - but most [of] all, his belief in you the students of Bethel,
is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If
necessary, he'll take an issue and nail it to the wall. He doesn't attack things
in spurts - he drives hard, pushing and pushing until finally - he succeeds.
Jeff is a man who will go to the very end - even the climax, for each and
every one of you. So please vote for Jeff Kuhlman, as he'll never come [long
pause] between us and the best our school can be. He is firm enough to give
it everything.
The school suspends the student and bars him from speaking at graduation
and other school functions. Is this a violation of his rights?
How should the courts rule? Explain.
TOUGH DECISIONS TO MAKE
 A group decides to picket a funeral of a deceased soldier killed in military
service. They say that “God kills American Soldiers because of America’s
tolerance of homosexuality”. They picket on public property, maintaining a
distance away from the cemetery, but close enough to be seen by those going to
and from the service. They wave signs such as “Thank God for Dead Soldiers”,
“Thank God for 9/11”, “God Hates the United States”, “You’re Going to Hell”, and
others that speak negatively of the current state of the nation.
 How should the court rule? Explain.
CONSTITUTIONAL ROOTS
 By 1790, all 13 original states ratified the Constitution
 Many people did not believe the Constitution did enough to protect
individuals
 Many different views on whether individual rights should have been
included
SHOULD INDIVIDUAL RIGHTS BE INCLUDED IN THE
CONSTITUTION?
 Thomas Jefferson
 “Bill of Rights is what people are entitled to…and what no just
government should refuse.”
 Alexander Hamilton
 No laws needed to stop the government from doing things the
Constitution gives it no power to do
OTHER ARGUMENTS
 States already have own bill of rights to protect individual liberties
 Counterargument: Many states (such as NY) did not have a bill of
rights
 Would states oppose the Constitution without the Bill of Rights?
 Madison’s solution: 10 amendments that focused on individual rights
DO YOU THINK THE BILL OF RIGHTS WAS A NECESSARY ADDITION TO THE
CONSTITUTION? WHY/WHY NOT?
THE BILL OF RIGHTS
 1: The Five Freedoms
 6: Person’s Trial Rights
 2: Right to Bear Arms; State Militia
 7: Trial by jury in money/property trials
 3: Quartering of Troops
 8: Bail and Cruel/Unusual Punishment
 4: Search and Seizure
 9: Personal Rights not explicitly stated
 5: Due Process of Law; SelfIncrimination; Eminent Domain
 10: Rights not given to Federal Gov’t
belong to states and people
OTHER MAJOR AMENDMENTS NOT YET DISCUSSED
13: Abolition of Slavery
14: Equal Protection/Full Citizenship
15: Voting Rights in Regards to Race
17: Direct Election of Senators
19: Voting Rights in Regards to Gender
23: Voting Rights to District of Columbia
24: Abolition of Poll Taxes
26: Voting Age Lowered to Age 18
CITIZENSHIP & YOUR RIGHTS
Civic Duty: No choice in the matter
Civic Responsibility: Not required, just do it
 Following Laws
 Voting
 Paying Taxes
 Being active in community
 Going to School
 Paying attention to issues
 Selective Service
 Taking part in government
 Going to Court
 Protecting others’ rights
 Jury Duty
CRIME IN THE UNITED STATES
 Felonies v. Misdemeanors
 Crime Against:
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Persons
Property
Victimless
White-Collar
Organized
CAUSES OF CRIMES?
 Start with why we think crimes are committed…discuss
 Theories about why crimes are committed.
FIGHTING CRIME
 Role of the Police
 Role of the Courts
 Types of Punishments