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- 2. Federal Courts, Civil Liberties,
2.1 Structure and Processes of the Judicial System 2.2 The Development
- f Civil Rights and
2. Federal Courts, Civil Liberties, and Civil Rights 2.1 Structure - - PowerPoint PPT Presentation
2. Federal Courts, Civil Liberties, and Civil Rights 2.1 Structure - - PowerPoint PPT Presentation
2. Federal Courts, Civil Liberties, and Civil Rights 2.1 Structure and Processes of the Judicial System 2.2 The Development of Civil Rights and Civil Liberties by Judicial Implementation 2.3 The Bill of Rights 2.4 Incorporation of the
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2.3 The Bill of Rights 2.4 Incorporation of the Bill of Rights 2.5 Equal Protection and Due Process
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2.1. Structure and Processes of the Judicial System
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2.1.1 The Supreme Court 2.1.2 Judicial Implementation and the Lower Federal Courts
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2.1.1. The Supreme Court
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The Marshall Court Marbury v. Madison Fletcher v. Peck Dartmouth College v. Woodward
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Both Conservatives and the public like the idea of an independent judiciary The number of Supreme Court Justices has become part of the informal Constitution
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Plaintiff Defendants Original jurisdiction Appellate jurisdiction
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Writ of Certiorari 4/9 Justices must agree to hear the case = rule of four
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Types of Decisions: Unanimous Majority Concurring Dissenting
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2.1.2. Judicial Implementation and the Lower Federal Courts
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MODULE 2.5: Equal Protection and Due Process
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Chief Justice of the Supreme Court
- Manages Supreme
Court
- Presides over federal
court system
- Judicial Conference =
sets agenda
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Appellate Courts
- United States Court of
Appeals
- 13 federal = U.S. Circuit
Court of Appeals
- No evidence
- Recourse = Supreme
Court
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2.2. The Development of Civil Rights and Civil Liberties by Judicial Implementation
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MODULE 2.5: Equal Protection and Due Process
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Brown v. Board of Education of Topeka, Kansas …
- a landmark case that
- verturned
Plessy v. Ferguson
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“One person one vote” Baker v. Carr Reynolds v. Sims Evenwel v. Abbott
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Civil liberties = Negative rights Right to privacy Griswold v. Connecticut
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More right to privacy decisions: Bowers v. Hardwick Lawrence v. Texas Obergefell v. Hodges
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Judicial activism Judicial restraint
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2.3. The Bill of Rights
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Bill of Rights ratified in December 1791 2 Amendments not ratified Bill of Rights applies to the Federal Government but does not bind the state governments
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2.4. Incorporation of the Bill of Rights
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1st Amendment Freedom of Religion Lemon v. Kurtzman Lynch v. Donnelly Agnostini v. Felton Zelman v. Simmons-Harris
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1st Amendment Freedom of Expression Schenk v. U.S.
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1st Amendment Freedom of Speech Brandenburg v. Ohio Freedom of the Press
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2.5. Equal Protection and Due Process
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4th-8th Amendments: Limit police power of states & Guarantee right to fair legal & judicial proceedings
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Supreme Court affirms rights inherent in 4th-8th Amendments:
Mapp v. Ohio =
exclusionary rule Gideon V. Wainwright Escobedo v. Illinois Miranda v. Arizona
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6th Amendment = right to criminal trial
7th Amendment =
right to civil trial
8th Amendment =
no excessive bail, no unusual punishments
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Equal protection 4th-8th Amendments: Amounts to equal protection But equal protection Not explicit until 14th Amendment
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“Due Process” 5th
14th
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9th Amendment: just because some rights are listed, doesn’t mean others are denied
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