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Ch. 18

Ch. 18. The Federal Court System. There are two main courts in the United States. The two main courts are the national judiciary ( federal courts) and states’ judiciary (state courts) The President of the United States has the authority to nominate judges to the Supreme Court

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Ch. 18

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  1. Ch. 18 The Federal Court System

  2. There are two main courts in the United States • The two main courts are the national judiciary ( federal courts) and states’ judiciary (state courts) • The President of the United States has the authority to nominate judges to the Supreme Court • Judges must be approved by Senate after nominated by President

  3. Supreme Court • This is the highest court in the United States • Supreme Court judges are appointed for life, which means they are judges until they resign, retire, die or get impeached • The Supreme Court is the only court created by the Constitution

  4. Supreme Court • Is composed of 9 judges • The Supreme Court first used its power of judicial review in the case of Marbury vs. Madison in 1803. • Most of the Supreme Court Cases comes from the Court of Appeals • In order to hear a case a process called the rule of four must occur. (4 judges must agree to hear the case) • Inferior courts are courts that are below the Supreme Court

  5. Writ of Certiorari • Writ of Certiorari means that the Supreme Court has ordered a lower court to send a case to them • Another way that cases reach the Supreme Court is through Certificate or when a lower court will ask for help from the Supreme Court

  6. Federal Courts below the Supreme Court (Inferior Courts) • District courts- constitutional court that handles about 80 percent of all federal courts (original jurisdiction over most federal cases) • Court of Appeals- created in 1891 to relieve some of the burden off the Supreme Court. This court allows people to appeal their case if found guilty of a crime

  7. Landmark Supreme Court Cases • For the remainder of class we are going to go over a number of Supreme Court cases the are well known • You will need to create a foldable with the title Landmark Supreme Court cases as we talk about each of them it will be due by Wed.

  8. Marbury vs. Madison • Supreme Court ruled that it had the authority to declare some acts of Congress as unconstitutional

  9. McCulloch vs. Maryland (1819) • Established the constitutional supremacy of the federal government over the state government

  10. Dred Scott v. Sanford (1857) • Declared the Missouri Compromise unconstitutional, it also declared that slaves were not citizens of the United States

  11. Plessy v. Ferguson (1896) • Ruled that separate but equal facilities for black and whites on trains did not violate civil rights for blacks. • This “separate but equal” doctrine remained effective until the Brown vs the Board of Education decision in 1954 overturned it.

  12. Schenk vs. United States (1919) • Declared that the United States government can restrict free speech “if the words used create a clear and present danger.”

  13. Gitlow vs. New York (1925) • Decision confirmed that the Bill of Rights also applies to the States

  14. Schechter v. United States (1935) • Ruled that Congress cannot delegate its power and authority to the president.

  15. Brown v. Board of Education (1954) • Laws enforcing segregation in schools are unconstitutional, violating the equal protection guarantee of the 14th amendment. • Overturned the Plessy v. Ferguson decision from 1896

  16. Engel v. Vitale (1962) • This Supreme Court case discussed school prayer in schools. Before 1962 school prayer was allowed in schools. • However in 1962 the High Court (Supreme Court ruled that prayers in public school was unconstitutional. • The court found that prayer amounted to a kind of state religion which is prohibited by the First Amendment due to the Establishment Clause which is meant to separate church and state.

  17. Baker v Carr (1962) • Charles Baker (P) was a resident of Shelby County, Tennessee. Baker filed suit against Joe Carr, the Secretary of State of Tennessee. Baker’s complaint alleged that the Tennessee legislature had not redrawn its legislative districts since 1901, in violation of the Tennessee State Constitution which required redistricting according to the federal census every 10 years. Baker, who lived in an urban part of the state, asserted that the demographics of the state had changed shifting a greater proportion of the population to the cities, thereby diluting his vote in violation of the Equal Protection Clause of the Fourteenth Amendment. Taken from http://www.lawnix.com/cases/baker-carr.html

  18. Miranda vs. Arizona (1966) • Ruled that suspects of a crime must be informed of their rights. Where we get the term Miranda rights “ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

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