Welcome Gov Team! Boot up, Lids down.

Date: 09/08/09, Topic: Judiciary

Think of items to discuss.

Announcements: Is seating chart correct?

Gov Team Agenda1) District Comp Check-in2) Introduction of the Judiciary (Nominees

and Dred Scott Moot Court)

Unit To Dos1) Write Speech 1

Reminder1) 1st Question Due Monday 9/14

Listen babyAin't no mountain highAin't no valley lowAin't no river wide enough, baby

If you need me, call meNo matter where you areNo matter how farDon’t worry baby

Just call out my nameI'll be there in a hurryYou don't have to worry

There ain't no mountain high enoughAin't no valley low enoughAin't no river wide enoughTo keep me from getting to you, baby

Remember the dayI set you freeI told youYou could always count on me darlinAnd from that day onI made a vowI'll be there when you want meSome way, some how

Cause babyThere ain't no mountain high enoughAin't no valley low enoughAin't no river wide enoughTo keep me from getting to you, baby

Speech ProcessA-Assign Sections:-Open up discussion of big Q (1 ppl)-Bullet 1 (1-2 ppl)-Bullet 2 (1-2 ppl)-Close discussion of big Q (1-2 ppl)

S-Sign Post: “Be verbally obvious which part of Q you are addressingA - Authenticate: Is it true to you?P - Proof: Verify you prove what you say(Whole speech target: 3:30-3:45min)

Followup ProcessA - Answer: Quick answer to their questionS - Story: Background on the issueA - Analysis: Detailed answer to their questionP - Proposal: Recommendation on what should be done(All responses need to be short and spoken slowly. Try to get 3 people on a question, but never all 5)..

Review1) States Come First: Colonies (states)

experienced close to 200 years of separate freedom before joining the USA.

2) Federalism: Splitting, overlapping, and conflicting power between the state and federal (national) gov

(federal technically means split gov, now refers to national gov)

3) History of US Federalism: States had more power > then equal in the 1800s > 1900s Federal became supreme (recently state wins some).

Review4) US Constitution Characteristics: a) Republican demo (representative)b) Federalism (national/state share power)c) Separation of Powers (legis, exec, jud)

Secret Sauce (not written but expected)d) Common Good/Virtue: We have no king

to keep us together, so we must have the character to make experiment work.

Constitutional Structure and Amendment:Article 1: Congress/Legislature (House + Senate)Article 2: President/Executive (President +

Implied Bureaucracy)Article 3: Federal Courts/Judiciary (US Courts)Article 4: State LimitsArticle 5: Amendment Process: 2/3 of Congress > 3/4 States 2/3 of States > 3/4 States (never used)Article 6: National Supremacy (when granted)Article 7: Ratification ProcessAmendments: First 10 (Bill of Rights) 27 Amendments Total So Far

Constitution

1: LegislatureCREATES

(S + H)

2: ExecutiveEXECUTES (President)

3: JudicialJUDGES

(SC, CC, DC)

Bureaucracy

4) Constitutional Law: Rules set in the Constitution for all of US (harder to amend).

6) Congressional Law or Act: Rules created by Congress for all of US, same power as Constitution (easier to amend, Jud. can kill).

Constitutional Law: Real Tattoo

Congressional Law or Act: Temporary Tattoo

All look the same, serve the same purpose, just one is more reversible.

Review

7) Federalism in the Constitution: FEDERAL gov can ONLY do what the

Constitution says. Make laws on very specific list of things (17)

STATE government can do (make laws on) ANYTHING except when forbidden by the US Constitution.

Parenting Analogy: USA: You can only go to the

library.STATE: You can go anywhere

except the bar.

CONSTITUTIONConstitution, Article 1, Section 8:Clause 3:Congress shall have power to… regulate commerce… among the several states…

Clause 18: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers

LAW (all federal laws must be authorized by constitution)Civil Rights Act of 1964 =

authorized through Interstate Commerce

CONSTITUTIONConstitution, Amendment 15:Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2: The Congress shall have power to enforce this article by appropriate legislation.

LAW (all federal laws must be authorized by constitution)

Voting Rights Act of 1965 = authorized through

15th Amendment

CONSTITUTIONConstitution, Article 1, Section 8:Clause 1:To lay and collect taxes… to pay the debts and provide for the common defense and general welfare

Clause 18: To make all Laws which shall be necessary and proper for carrying into execution the foregoing powers

LAW (all federal laws must be authorized by constitution)

No Child Left Behind (2001) = authorized through

Interstate Commerce (state’s don’t have to follow NCLB, they can refuse the fed money)

Constitutional Law: Real Tattoo

Congressional Law or Act: Temporary Tattoo

All look the same, serve the same purpose, just one is more reversible.

US vs. Lopez, court kills the law. Congress can try to reword a new law to make the court happy OR amend the Constitution.

CONSTITUTION:Proposed Equal Rights Amendment: Can only be reversed by future constitutional amendment. Amendments can be on anything.

LAW:Civil Rights Act of 1964 (passed thru ICC):Can be reversed by future Congress or Courts. Laws must be authorized by the Constitution (Congress will often try to find loose connection to the Constitution)

Review8) Judiciary: 1 of the 3 branches, designed to be most independent (protect minority rights). Power to kill laws or force actions.9) Judicial Review: Cases brought to it, judiciary’s power to interpret what laws mean (Marbury v Madison: killed part of Jud Act 1789)10) Loose Interpretation: Interpret Constitution loosely to evolve with changing times. 11) Strict Interpretation : Stick to literal word meaning of the Constitution12) Originalism: Stick to intent of the framers/law writers.

Review10) Loose Interpretation: Interpret Constitution loosely to evolve with changing times. 11) Strict Interpretation : Stick to literal word meaning of the Constitution

Review 12) Originalism: Stick to intent of the framers/law writers.

FYI1) Judge: Judge on any of the courts lower than the highest court (their decision has the same power as a higher court, except they can be reversed)2) Justice: Judge on the highest court (their decision can only be reversed by constitutional amendment*)

*Technically, the Constitution has given Congress the power to remove certain topics from the jurisdiction of the court, this has never been done (Art 3, Sec 2).

Notes #8a, Title: “Judiciary Notes” 1) Judicial Activism: Court should not shy from being early in solve public controversies.2) Judicial Restraint: Court should wait until the more democratic branches exhaust resolving public controversies.

“Con Interpretation Debate 2”1) Read the 2 sides, choose 1 side, and write

which you choose and explain why.2) Then write down what your partner thinks

(include their name at the end).1 2 3 4 5

CON: Jud Restraint1) Judges are not elected or confirmed by the ppl2) 9 Justices aren’t wiser than 535 members of Congress+President3) Who gives 9 Justices the right to override the democratic process?

PRO: Jud Activism1) Life term judges have can make decisions free of politics2) Federal judges are wiser than Pres/Cong3) Society at times needs a jumpstart to do what’s right (Brown v Board)

Work #8a, Title “Editorial”1) Write a brief letter to the editor (less than 125 words) on what kind of judges the President should nominate.FORMATi) Write a heading: “Dear Editor”ii) Next write: Tell the your opinion.iii) Last: End with your name (if this was real, you’d include

your contact info too)

Make sure you cover:a) Should the judges be: loose, strict, originalist, activist and/or restraint? (can be many at once)b) Why

E-mail (not share) to: chiangwork@gmail.com

Notes #8b, Title: “Judiciary Notes” 3) 3 Levels to Federal Court: Supreme Court (1)Circuit Court of Appeals (13):

We are in the 9th CircuitDistrict Trial Court (94):

We are in the Northern CA Fed District Court82% Male, 18% Female, 49% GOP, 45% DEM82% White, 5% Hispanic, 0.5% Asian

4) All Federal Judges: Appointed by President > confirmed by Senate serve for life.*

*Tradition has been for Cir+Dist nominees, Pres will get the approval of those area’s senators.

N. CADistrict

JudgeEdward Chen

(appointed by Pres. Obama)

CA is part of the 9th Circuit Court

28 judges rotate the 9th

9th

Circuit

6) SCOTUS: Supreme Court of the U.S., 9 judges. 5 of 9 judges to make a decision. Chief Justice Roberts.

SCOTUS: 9 Justices

9th

Justices

Three Kinky Southern Girls Bring Rock Stars Scandals Aplenty

1) Stevens - LIB2) Sotomayer - LIB3) Ginsburg - LIB4) Breyer - LIB5) Kennedy - SWING VOTE (LEANS CON)6) Roberts - CON, CHIEF JUSTICE7) Alito - CON8) Scalia - CON9)Thomas - CON

Notes #8a, Title: “Judiciary Notes” 5) Confirmation: Senate Judiciary Committee interviews but its whole Senate that votes (50%)Filibuster: a delay tactic used by minority party

that can force 60% vote needed.

President: Serve 8 years max (technically 10 if they were a VP for a dead pres). The justices to all 3 levels they appoint serve for life, they can be X-30+ years! Ford is dead, but Stevens is still on the court. Reagan is dead, but Scalia and Kennedy still on.

Work #8b, Title “Find Obama a Nominee”As a unit, you’ll be assigned a person to either support or attack as a potential nominee.Harold KohSeth WaxmanDiane Wood

FORMATi) Bioii) Your argument.iii) Possible attacks and your counter attacks.

6) Precedent/ Stare Decisis: Make laws more predictable, judges obligated to rule in current case as it had in similar past cases. Lower court must obey past decisions made by higher courts.

Court if persuaded can reverse its own decision, or decisions of lower court.

Work #8c, Title “SCOTUS Practice”Answer with a partner (write their name at the end):1) Why would minorities be less safe if the judiciary was elected, and not so independent?2) If the 9th Circuit bans the Pledge of Allegiance, do CA district courts have to follow it?3) Does the 11th Circuit have to follow?4) Who are the 2 courts that can overturn such a decision? 5) Using precedent, craft an argument persuading a teacher to give you your cell phone back.6) Why is precedent important to a strong legal system?

Project 1, Title “Obama Nominees”As unit, you’ll be assigned a person to either

support OR attack as a potential nominee.(Big speculation Stevens will retire soon)Possible Nominees:Harold Koh

Seth WaxmanDiane Wood

FORMAT (For your own use, no need to share with Chiang)i) Bio

ii) Your argument.iii) Possible attacks and your counter attacks.

Project 2, Title “Moot Court: Dred Scott”Dred Scott v. SanfordWrite these in your workbook:1) Greeting Statement2) Issue Statement3) Facts of the Case4) Legal Arguments SKIP: Possible Rebuttals 5) Closing Statement

Look up case precedent to support your case!

Oral Argument Structure1) Greeting Statements (both sides come up)2) Issue Statements (both sides come up)3) Facts(both sides come up)4) Initial Arguments (appellant first, respondent second)5) Rebuttals (appellant first, respondent second)6) Closing Statements (both sides come up)

Make sure to use precedent to support your case!

Wrap Up1) Check in with your unit about Speech 1

Unit To Dos1) Write Speech 1

Reminder1) 1st Question Due Monday 9/14