1. What do you think George W. Bush’s greatest accomplishment as President was? What was his greatest failure? Why?
2. What do you think Bush’s legacy as President will be? Explain. How will history judge George W. Bush?
3. What do you think will change the most with Obama as President instead of Bush? Explain
Wednesday, January 14, 2009
Journal 4 (12 Angry Men)
-Who was the strongest juror in the movie? Who was the weakest? Why?
-Do you feel like you would have the courage to stand up to the whole jury like juror #8 did? Why or why not?
-After watching this movie do you think a unanimous verdict is necessary, or unnecessary in a jury trial? Explain.
-Juror #10 was openly prejudiced in the movie? Do you feel people today are being wrongly convicted based on racism or prejudice? If so, what should be done about it?
-Do you feel like you would have the courage to stand up to the whole jury like juror #8 did? Why or why not?
-After watching this movie do you think a unanimous verdict is necessary, or unnecessary in a jury trial? Explain.
-Juror #10 was openly prejudiced in the movie? Do you feel people today are being wrongly convicted based on racism or prejudice? If so, what should be done about it?
Journal 3
-If you could have career within reason, what would it be and why? How long have you wanted to have this career?
-What are you planning on majoring in at college? Why? If you are undecided, what majors are you considering and why?
-Has the current economic crisis changed you college, or career plans? Explain.
-Do you think you will easily find a job in the field you choose when you graduate from college? Explain.
-What are you planning on majoring in at college? Why? If you are undecided, what majors are you considering and why?
-Has the current economic crisis changed you college, or career plans? Explain.
-Do you think you will easily find a job in the field you choose when you graduate from college? Explain.
Study Terms for ExamEnglish Bill of Rights
English Bill of Rights
Mayflower Compact
Karl Marx
Capitalism
Socialism
Democracy
Communism
Republic
Direct Democracy
Absolute Democracy
Constitutional Monarchy
Unitary
Oligarchy
Sovereign
Federal
Interdependence
Articles of Confederation
The Three-Fifths Compromise
Connecticut Compromise
John Adams
James Madison
James Monroe
Thomas Jefferson
Roger Sherman
William Patterson
Bill of Rights
Dennis O’Brien
Judicial Review
Checks and Balances
Treason
Majority Opinion
Dissenting Opinion
Amnesty
A pardon
A reprieve
Impoundment
Executive Order
Executive Agreement
Original jurisdiction
Appellate jurisdiction
Concurrent jurisdiction
Adversary System
Democrat
Republican
Federalist
Whig
Bicameral
Unicameral
John Locke
Jus Soli
Jus Sanguinis
Double Jeopardy
The Constitution of the United States
The Amendments
The Articles
Our Nation’s court system
Federal Courts
Qualifications for Elected federal offices
Qualifications for federal judges
President’s Cabinet
Executive Departments
Mayflower Compact
Karl Marx
Capitalism
Socialism
Democracy
Communism
Republic
Direct Democracy
Absolute Democracy
Constitutional Monarchy
Unitary
Oligarchy
Sovereign
Federal
Interdependence
Articles of Confederation
The Three-Fifths Compromise
Connecticut Compromise
John Adams
James Madison
James Monroe
Thomas Jefferson
Roger Sherman
William Patterson
Bill of Rights
Dennis O’Brien
Judicial Review
Checks and Balances
Treason
Majority Opinion
Dissenting Opinion
Amnesty
A pardon
A reprieve
Impoundment
Executive Order
Executive Agreement
Original jurisdiction
Appellate jurisdiction
Concurrent jurisdiction
Adversary System
Democrat
Republican
Federalist
Whig
Bicameral
Unicameral
John Locke
Jus Soli
Jus Sanguinis
Double Jeopardy
The Constitution of the United States
The Amendments
The Articles
Our Nation’s court system
Federal Courts
Qualifications for Elected federal offices
Qualifications for federal judges
President’s Cabinet
Executive Departments
Tuesday, January 13, 2009
US Citizenship Notes
United States Citizenship
*The United States of America has a population that is over 300 million people. The vast majority of these people are citizens of the US.
-Citizen: A citizen is a person who has all the rights, privileges, and responsibilities that a government of a political area grants or imposes on them.
*There are 3 ways in which a person can become a citizen of the United States:
-Jus Soli: This is a Latin phrase that means law of the soil. A person who is a citizen based on Jus Soli is a citizen because he or she is born in the US or in any territory of the United States. This definition of citizenship is outlined in the 14th Amendment. The only exception to this rule is a person who is born in the United States to parents who are in the US on official business of a foreign government.
-Jus Sanguinis: This is a Latin phrase that means law of blood. A person who is a citizen based on Jus Sanguinis is a citizen because one or both of their parents are citizens of the United States. This makes it possible for a person who is not born in the United States to be a natural born American citizen.
-Naturalization: A person living in the US who is not a citizen through native birth or through blood can go through a process called naturalization to gain American citizenship. There are 5 qualifications an immigrant must meet to gain citizenship. These 5 qualifications are as follows:
-Person must have entered the US legally. (There are however exceptions to this rule.)
- Person must be of good moral character.
- Person must declare their support of the principles of American government.
- Person must be able to prove they can read, write, and speak English. (Applicants over 50 years old who have lived in the US for over 20 years are exempt from this rule.)
- Person must have basic knowledge of American history and American government.
*Many immigrants meet the qualifications for citizenship; they must however go through a few formal steps in order to become a citizen. The steps they must go through are as follows:
-Person must file a petition requesting citizenship.
-Person must be at least 18 years old. (A non-citizen under 18 can only become a citizen if at least one of their parents becomes a naturalized citizen.)
-Person must live in the United States for at least 5 continuous years before filing the petition for citizenship unless he or she is married to a US citizen, in that case the person must live in the US for at least 3 continuous years.
-Person must go through a formal hearing conducted by Immigration and Naturalization Services in which they are questioned about their past, and about their moral character. They must also present 2 witnesses to testify on their behalf.
-Person must pass a test in which they can demonstrate a basic knowledge of American History, and American Government.
-Person must go to another hearing in which a federal judge administers the American oath of allegiance, the person must also formally denounce allegiance to any other government. After this oath is administered the person becomes a naturalized citizen of the United States of America.
-Naturalized citizens have all the same rights, privileges, and responsibilities of natural born citizens. There is only one exception to this rule: Naturalized citizens may not serve as President or Vice-President of the United States.
Losing One’s Citizenship & Aliens
*There are three ways in which people become citizens of the United States; Jus Soli, Jus Sanguinis, and through the Naturalization process. There are also three ways in which a person can lose citizenship; they are as follows:
-Expatriation: Giving up one’s citizenship by leaving one’s native country to live in another country. Expatriation can be voluntary or involuntary. If one chooses, he or she can denounce his or her American citizenship voluntarily while living in another country. Citizenship may be lost involuntarily as well; an example of this would occur if a person became a naturalized citizen of another country, they would automatically lose their American citizenship.
-Punishment For a Crime: Citizenship can be taken away as a punishment for certain federal crimes that involve extreme disloyalty to the United States, participation in a rebellion against the United States, attempts to overthrow the government, and treason.
-Denaturalization: Naturalized citizens can lose their citizenship if the government finds out that they completed any part of the naturalization process through fraud or deception. Naturalized citizens can also lose citizenship if the government finds out that they join any radical organization that promotes anti-Americanism, or anti-democratic principles within 5 years of becoming naturalized.
Immigration
America has always been a nation of immigrants. Most of us can trace our ancestry back to people who came here from somewhere else. Immigrants continue to come to America to this day.
*Alien: A person who is in a country where he or she is not a citizen. In America there are 5 types of aliens; they are as follows:
-Resident Alien: A person from another country who lives in America permanently and is not a citizen. Resident aliens may live in the United States for as long as they wish. They are also entitled to work anywhere that might hire them. People who are resident aliens get an identification document commonly referred to as a Green Card that documents their legal status in America.
-Non-Resident Alien: A person from another country who is here for only a temporary period of time. Non-resident aliens are not immigrants. They are usually in this country for educational purposes, short work assignments, or for vacation.
-Enemy Alien: An alien who is a citizen of a country in which the United States is at war. Enemy aliens can be resident aliens, non-resident aliens, or refugees. The government often keeps close tabs on those it deems enemy aliens.
-Refugee: A person from another country who is here seeking protection from persecution in their homeland based on racial, religious, or political grounds. The government sometimes also gives refugee status to people who are fleeing severe economic hardship or starvation in their homelands.
-Illegal Alien: A person from another country who enters the United States without a legal permit. Currently there are well over 3 million illegal aliens living and working in the United States.
Rights & Responsibilities of American Citizens
*American citizens are guaranteed certain rights; these rights are outlined for us in the Constitution of the United States. Our most important rights are listed in the Bill of Rights. The 14th Amendment defines what citizenship is and stands as one of the most important amendments. We as American citizens enjoy and cherish our rights; however we must realize that citizenship also comes with responsibilities. The responsibilities we have as citizens are as follows:
-Knowing about rights and laws: In order to fully enjoy the free society in which we live, we must be aware of the basic laws of our community, state, and country. We must also be aware of the rights that are in place to protect us. The ability to exercise one’s rights depends on an awareness of those rights.
-Participation: It is important for Americans to take full advantage of the freedom and right we have to participate in our government. There are many ways in which we can participate.
-Voting: The easiest and most common way in which we can participate in our government is to vote in elections.
-Speaking Out: Exercising our freedom to express our opinions is an essential duty. We can do this by writing letters to our local, state, and federal governments, by writing letters to newspaper editorial pages, by distributing political literature, by simply talking to our friends, colleagues, acquaintances, and family members about politics. Some people even choose to exercise this right by standing on soapboxes on a crowded city streets screaming out their opinions through megaphones.
-Joining Political Organizations: Many people join and become active in political organizations. These organizations range from political parties to special interest groups. Some people even form their own political organizations.
-Running for Political Office: Some people who are highly involved in participation in government run for elected office.
Political Parties in America
*A political party is a group of people with broad common interests who organize to win elections, control government, and influence government policies. Different nations have different types of political party systems. There are 3 types of political party systems in the world today:
-One-Party System: In a one-party system the government is in effect the only political party. Many nations with communist or totalitarian governments have one-party systems; examples are China, Cuba, Saudi Arabia, and North Korea. In some nations the national religion is in effect the only political party; these countries have what is called a theocracy, examples are Iran, Afghanistan under the Taliban, and Vatican City.
-Multiparty System: In many nations people are free to openly believe in whatever they choose, in some of these nations the citizens organize many political parties that try to win elections. Most multiparty systems exist in Europe and feature a Parliamentary type of government. Examples of nations with multiparty systems are France, which has 5 major political parties; and Italy, which has 10 major political parties.
-Two-Party System: In some nations there are only two major political parties that completely dominate the political landscape. Other, so called, third parties are allowed to exist in nations with two party systems, however they have very little true political power and very little influence over the government. The best example of a nation with a two-party system in the world today is the United States of America.
Third Parties in America
*Although a strong two party system exists in the United States it is possible for minor parties to emerge. These minor parties are called third parties. There are many third parties in existence in America today. In addition to the Democrats and Republicans there are more than 50 other minor political parties currently in existence.
-Third parties exist for a variety of reasons. The most common reason third parties emerge is simply because some people do not feel as though their system of political beliefs match up with the two major parties. Some of these parties are more mainstream and share many of the ideas of the two major parties; other parties have ideology that is very strange and different from the way most people think politically.
-Some of the more mainstream third parties throughout history have been successful. During the 1990’s the Reform Party had candidates win some state and local elections; the most prominent candidate elected from the Reform Party was Jesse Ventura who was elected governor of Minnesota. Ross Perot, the founder of the Reform Party was a serious candidate in the presidential elections of 1992 and 1996. The Libertarian Party has also had some success in winning local and state elections. Perhaps the most successful of all third parties is the Republican Party.
-There are some third parties that are completely radical and have no real chance of winning elections. Some of these parties are The Knights Party, The Libertarian National Socialist Green Party, The U.S. Marijuana Party, The American Nazi Party, The Freedom Socialist/Radical Women Party, and the Communist Party of America.
-There are three categories of third parties in America today. They are as follows:
-Single-Issue Parties: These parties focus exclusively on one major social, economic, or moral issue. Examples of single-issue parties are The Family Values Party, The Southern Party, and the Prohibition Party.
-Ideological Parties: These parties focus on an overall change in society. These parties tend to have different and sometimes radical ideas that do not adhere to the political norm of the two major parties. Examples of ideological parties are The Green Party USA, The Libertarian Party, and the Socialist Workers Party.
-Splinter Parties: These parties are formed when one of the major political parties suffers a split due to disagreements in the party or changes in ideology within the party. An example of a splinter party is the Progressive Party, also known as the Bull-Moose Party. This party was a splinter of the Republican Party, and was formed in 1912.
Elections and Voting
*The most important responsibility we have as citizens is voting. Certain officials, on all levels of government, are elected by the people. Each state has a designated election day for primary and general elections.
-Election Days: According to the Congress of the United States the general election day for federal offices takes place on the Tuesday after the first Monday of November. State, local, and primary election days vary from state to state and from community to community.
How To Vote
*Before Election Day there are some steps that one must take in order to qualify to vote. There are two general qualifications for voting that apply to people of every state; they are as follows:
-You must be a citizen of the United States.
-You must be at least 18 years old on or before the date of the election.
*Each state has other qualifications that it sets for voting. Some of these qualifications are as follows:
-Some states require that citizens live in that state for a specified period of time before the Election Day. Pennsylvania’s residency requirement is that a person must live in the state for at least 30 days before Election Day.
-Some states require its residents to formally register to vote. Pennsylvanian’s must register to vote at least 30 days before Election Day. PA residents can register to vote at the Department of Transportation by filling out a form they can obtain from state or local offices, or by obtaining a downloadable and printable voter registration form online. The website is: http://www.dos.state.pa.us/bcel/lib/bcel/voter_registration/01_staticpage/voterregistrationapp.html
-Some states require its residents to choose membership in a political party in order to qualify to vote in a primary election. Pennsylvania requires its residents to choose membership in a political party to vote in the primary election. PA residents are not required to choose a party in order to vote in general elections.
-Some states require its residents to be free of any felony conviction in order to qualify to vote. Pennsylvania has no such requirement.
-Some states require its residents to be legally sane in order to qualify to vote. Pennsylvania has no such requirement.
-The 15th Amendment prohibits any federal, state, or local government from denying any citizen the right to vote based on race, color, or religious affiliation.
-The 19th Amendment prohibits any federal, state, or local government from denying any citizen the right to vote based on sex.
-The 26th Amendment prohibits any federal, state, or local government from denying any citizen 18 years old or older the right to vote based on age.
*If you meet all the qualifications for voting you are then able to vote in federal, state, and local primary and general elections. You need to be prepared to go and vote. There are a few things you need to do before going to vote:
-Know where you’re going. You cannot vote at just any polling place, there is a specified place you need to go in order to cast your vote. This place is determined by your address.
-Be able to provide official proof of identification. Some polling places will not allow you to vote without proper ID.
-Research the candidates and be ready to make educated and informed choices inside the voting booth.
State and Local Government
*Since we live in a nation that features a Federal system of government, the power of government is divided between the national government, and the States governments.
-According to Article IV of the US Constitution, each state is guaranteed a representative form of government.
-Article VI of the US Constitution is often referred to as the Supremacy Clause. This means that all federal laws take precedence and are supreme over any state or local laws; however it also means that anything that is not covered under federal law can be covered under state law.
State Constitutions
*Each state has its own Constitution. Each state’s Constitution must adhere to the US Constitution and to all federal laws.
-The first written Constitution in America was adopted by the colony of Connecticut in 1638.
-The State with the oldest Constitution still in effect is New Hampshire. New Hampshire adopted their current Constitution in 1784.
Constitution of the Commonwealth of Pennsylvania
-Pennsylvania’s first Constitution was adopted in 1776. Since 1776 Pennsylvania has had 5 Commonwealth Constitutions. (Pennsylvania, along with Massachusetts, Virginia, and Kentucky are not states, they are Commonwealths.) Pennsylvania’s current Constitution was adopted in 1968.
-Pennsylvania’s Constitution is made up of a Preamble, 11 Articles, and 13 Amendments.
-The Constitution of Pennsylvania’s Preamble is as follows: “WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.”
-Article I of Pennsylvania’s Constitution is the Commonwealth’s Bill of Rights. There are 28 specific rights listed in Pennsylvania’s Bill of Rights.
-Article II of Pennsylvania’s Constitution establishes the Commonwealth’s legislative branch of government. Pennsylvania’s legislature is called the General Assembly; it is a bicameral legislature with an upper house, the Senate, and a lower house, the House of Representatives.
-Article III of Pennsylvania’s Constitution defines how the General Assembly goes about making laws.
-Article IV of Pennsylvania’s Constitution establishes the Commonwealth’s Executive Branch. The chief executive of the Commonwealth of Pennsylvania is the Governor (Edward G. Rendell). In addition to the Governor, the executive branch is made up of the Lieutenant Governor, the Attorney General, Auditor General and Treasurer.
-Article V of Pennsylvania’s Constitution establishes and defines the Commonwealth’s Judicial Branch. Pennsylvania’s Supreme Court is made up of 7 justices who are elected by the people. This Article is quite lengthy because the Commonwealth basically has 3 sets of rules for the courts. The judicial system is set up the same in all of the counties with the exception of Philadelphia and Allegheny Counties (this includes the City of Pittsburgh.) Philadelphia and Allegheny counties have their own court systems which are run by the local governments, but fall under the authority of the Commonwealth.
-Article VI of Pennsylvania’s Constitution describes the responsibilities and expectations of Public Officers, both those elected and those appointed.
-Article VII of Pennsylvania’s Constitution outlines the Commonwealth’s election process.
-Article VIII of Pennsylvania’s Constitution defines the Commonwealth’s laws regarding taxes and finances.
-Article IX of Pennsylvania’s Constitution describes the legal relationship the Commonwealth has with the county and local governments throughout the state.
-Article X of Pennsylvania’s Constitution sets forth the basic laws that Private Corporations must adhere to in the Commonwealth.
Article XI of Pennsylvania’s Constitution describes and defines the process of Ammending the Constitution.
State Legislatures
-Each state has a legislature, or law making body. Every state in the union has a bicameral legislature consisting of an upper house and a lower house.
-Pennsylvania’s legislature is called the General Assembly. The upper house is called the Senate and has 50 members. The lower house is called the House of Representatives and has 203 members.
-Members of Pennsylvania’s Senate are elected to a term of 4 years and may run for re-election as many times as they want. Members of Pennsylvania’s House of Representatives are elected to a term of 2 years and may also run for re-election as many times as they want.
-In many states, State Legislators are paid a very small salary; some as low as $5 a day for each day the legislature is in session. In the states that pay very small salaries, the job of legislator is usually part time and most of the legislators have other full time professions, usually as lawyers, business owners, executives, labor leaders, etc.
-In Pennsylvania the job of legislator is a full time position that requires the members of the legislature to spend a good deal of their time at the state capitol in Harrisburg. Pennsylvania state legislators are the third highest paid in the US making an annual salary of approximately $65,000.
-The presiding officer of the Pennsylvania House of Representatives is the Speaker of the House. Currently the Speaker of the House in Pennsylvania is Dennis O'Brien. The presiding officer of the Pennsylvania Senate is the Lieutenant Governor. Currently the Lieutenant Governor is Catherine Baker Knoll.
Governors
*Each state has a Chief Executive called the Governor. The Governor has many duties, powers, and responsibilities in the state government. Some of the powers and duties of the governor are as follows:
-Carrying out state laws and supervising the executive branch.
-Reporting to the legislature from time to time on the state of the state.
-Appointing some judges and other state officials.
-Proposing new laws and programs to the legislature.
-Preparing the state budget.
-Approving or vetoing bills.
-Declaring states of emergency.
-Representing the state at ceremonies and public functions.
-The governor also has the power to grant pardons, reprieves,
and amnesty to people convicted of state crimes.
-Each state sets term lengths and limits for the governor. In Pennsylvania the governor serves a term that lasts 4 years, and is limited to serving 2 terms.
-Each state determines the salary of their governor. The range in salaries is wide throughout the states. Some states pay their governor less than $40,000 per year; others pay their governor over $150,000 per year. Pennsylvania’s governor receives approximately $142,000 per year. He also has many of his living expenses paid, and is provided with a gubernatorial mansion in Harrisburg.
*The United States of America has a population that is over 300 million people. The vast majority of these people are citizens of the US.
-Citizen: A citizen is a person who has all the rights, privileges, and responsibilities that a government of a political area grants or imposes on them.
*There are 3 ways in which a person can become a citizen of the United States:
-Jus Soli: This is a Latin phrase that means law of the soil. A person who is a citizen based on Jus Soli is a citizen because he or she is born in the US or in any territory of the United States. This definition of citizenship is outlined in the 14th Amendment. The only exception to this rule is a person who is born in the United States to parents who are in the US on official business of a foreign government.
-Jus Sanguinis: This is a Latin phrase that means law of blood. A person who is a citizen based on Jus Sanguinis is a citizen because one or both of their parents are citizens of the United States. This makes it possible for a person who is not born in the United States to be a natural born American citizen.
-Naturalization: A person living in the US who is not a citizen through native birth or through blood can go through a process called naturalization to gain American citizenship. There are 5 qualifications an immigrant must meet to gain citizenship. These 5 qualifications are as follows:
-Person must have entered the US legally. (There are however exceptions to this rule.)
- Person must be of good moral character.
- Person must declare their support of the principles of American government.
- Person must be able to prove they can read, write, and speak English. (Applicants over 50 years old who have lived in the US for over 20 years are exempt from this rule.)
- Person must have basic knowledge of American history and American government.
*Many immigrants meet the qualifications for citizenship; they must however go through a few formal steps in order to become a citizen. The steps they must go through are as follows:
-Person must file a petition requesting citizenship.
-Person must be at least 18 years old. (A non-citizen under 18 can only become a citizen if at least one of their parents becomes a naturalized citizen.)
-Person must live in the United States for at least 5 continuous years before filing the petition for citizenship unless he or she is married to a US citizen, in that case the person must live in the US for at least 3 continuous years.
-Person must go through a formal hearing conducted by Immigration and Naturalization Services in which they are questioned about their past, and about their moral character. They must also present 2 witnesses to testify on their behalf.
-Person must pass a test in which they can demonstrate a basic knowledge of American History, and American Government.
-Person must go to another hearing in which a federal judge administers the American oath of allegiance, the person must also formally denounce allegiance to any other government. After this oath is administered the person becomes a naturalized citizen of the United States of America.
-Naturalized citizens have all the same rights, privileges, and responsibilities of natural born citizens. There is only one exception to this rule: Naturalized citizens may not serve as President or Vice-President of the United States.
Losing One’s Citizenship & Aliens
*There are three ways in which people become citizens of the United States; Jus Soli, Jus Sanguinis, and through the Naturalization process. There are also three ways in which a person can lose citizenship; they are as follows:
-Expatriation: Giving up one’s citizenship by leaving one’s native country to live in another country. Expatriation can be voluntary or involuntary. If one chooses, he or she can denounce his or her American citizenship voluntarily while living in another country. Citizenship may be lost involuntarily as well; an example of this would occur if a person became a naturalized citizen of another country, they would automatically lose their American citizenship.
-Punishment For a Crime: Citizenship can be taken away as a punishment for certain federal crimes that involve extreme disloyalty to the United States, participation in a rebellion against the United States, attempts to overthrow the government, and treason.
-Denaturalization: Naturalized citizens can lose their citizenship if the government finds out that they completed any part of the naturalization process through fraud or deception. Naturalized citizens can also lose citizenship if the government finds out that they join any radical organization that promotes anti-Americanism, or anti-democratic principles within 5 years of becoming naturalized.
Immigration
America has always been a nation of immigrants. Most of us can trace our ancestry back to people who came here from somewhere else. Immigrants continue to come to America to this day.
*Alien: A person who is in a country where he or she is not a citizen. In America there are 5 types of aliens; they are as follows:
-Resident Alien: A person from another country who lives in America permanently and is not a citizen. Resident aliens may live in the United States for as long as they wish. They are also entitled to work anywhere that might hire them. People who are resident aliens get an identification document commonly referred to as a Green Card that documents their legal status in America.
-Non-Resident Alien: A person from another country who is here for only a temporary period of time. Non-resident aliens are not immigrants. They are usually in this country for educational purposes, short work assignments, or for vacation.
-Enemy Alien: An alien who is a citizen of a country in which the United States is at war. Enemy aliens can be resident aliens, non-resident aliens, or refugees. The government often keeps close tabs on those it deems enemy aliens.
-Refugee: A person from another country who is here seeking protection from persecution in their homeland based on racial, religious, or political grounds. The government sometimes also gives refugee status to people who are fleeing severe economic hardship or starvation in their homelands.
-Illegal Alien: A person from another country who enters the United States without a legal permit. Currently there are well over 3 million illegal aliens living and working in the United States.
Rights & Responsibilities of American Citizens
*American citizens are guaranteed certain rights; these rights are outlined for us in the Constitution of the United States. Our most important rights are listed in the Bill of Rights. The 14th Amendment defines what citizenship is and stands as one of the most important amendments. We as American citizens enjoy and cherish our rights; however we must realize that citizenship also comes with responsibilities. The responsibilities we have as citizens are as follows:
-Knowing about rights and laws: In order to fully enjoy the free society in which we live, we must be aware of the basic laws of our community, state, and country. We must also be aware of the rights that are in place to protect us. The ability to exercise one’s rights depends on an awareness of those rights.
-Participation: It is important for Americans to take full advantage of the freedom and right we have to participate in our government. There are many ways in which we can participate.
-Voting: The easiest and most common way in which we can participate in our government is to vote in elections.
-Speaking Out: Exercising our freedom to express our opinions is an essential duty. We can do this by writing letters to our local, state, and federal governments, by writing letters to newspaper editorial pages, by distributing political literature, by simply talking to our friends, colleagues, acquaintances, and family members about politics. Some people even choose to exercise this right by standing on soapboxes on a crowded city streets screaming out their opinions through megaphones.
-Joining Political Organizations: Many people join and become active in political organizations. These organizations range from political parties to special interest groups. Some people even form their own political organizations.
-Running for Political Office: Some people who are highly involved in participation in government run for elected office.
Political Parties in America
*A political party is a group of people with broad common interests who organize to win elections, control government, and influence government policies. Different nations have different types of political party systems. There are 3 types of political party systems in the world today:
-One-Party System: In a one-party system the government is in effect the only political party. Many nations with communist or totalitarian governments have one-party systems; examples are China, Cuba, Saudi Arabia, and North Korea. In some nations the national religion is in effect the only political party; these countries have what is called a theocracy, examples are Iran, Afghanistan under the Taliban, and Vatican City.
-Multiparty System: In many nations people are free to openly believe in whatever they choose, in some of these nations the citizens organize many political parties that try to win elections. Most multiparty systems exist in Europe and feature a Parliamentary type of government. Examples of nations with multiparty systems are France, which has 5 major political parties; and Italy, which has 10 major political parties.
-Two-Party System: In some nations there are only two major political parties that completely dominate the political landscape. Other, so called, third parties are allowed to exist in nations with two party systems, however they have very little true political power and very little influence over the government. The best example of a nation with a two-party system in the world today is the United States of America.
Third Parties in America
*Although a strong two party system exists in the United States it is possible for minor parties to emerge. These minor parties are called third parties. There are many third parties in existence in America today. In addition to the Democrats and Republicans there are more than 50 other minor political parties currently in existence.
-Third parties exist for a variety of reasons. The most common reason third parties emerge is simply because some people do not feel as though their system of political beliefs match up with the two major parties. Some of these parties are more mainstream and share many of the ideas of the two major parties; other parties have ideology that is very strange and different from the way most people think politically.
-Some of the more mainstream third parties throughout history have been successful. During the 1990’s the Reform Party had candidates win some state and local elections; the most prominent candidate elected from the Reform Party was Jesse Ventura who was elected governor of Minnesota. Ross Perot, the founder of the Reform Party was a serious candidate in the presidential elections of 1992 and 1996. The Libertarian Party has also had some success in winning local and state elections. Perhaps the most successful of all third parties is the Republican Party.
-There are some third parties that are completely radical and have no real chance of winning elections. Some of these parties are The Knights Party, The Libertarian National Socialist Green Party, The U.S. Marijuana Party, The American Nazi Party, The Freedom Socialist/Radical Women Party, and the Communist Party of America.
-There are three categories of third parties in America today. They are as follows:
-Single-Issue Parties: These parties focus exclusively on one major social, economic, or moral issue. Examples of single-issue parties are The Family Values Party, The Southern Party, and the Prohibition Party.
-Ideological Parties: These parties focus on an overall change in society. These parties tend to have different and sometimes radical ideas that do not adhere to the political norm of the two major parties. Examples of ideological parties are The Green Party USA, The Libertarian Party, and the Socialist Workers Party.
-Splinter Parties: These parties are formed when one of the major political parties suffers a split due to disagreements in the party or changes in ideology within the party. An example of a splinter party is the Progressive Party, also known as the Bull-Moose Party. This party was a splinter of the Republican Party, and was formed in 1912.
Elections and Voting
*The most important responsibility we have as citizens is voting. Certain officials, on all levels of government, are elected by the people. Each state has a designated election day for primary and general elections.
-Election Days: According to the Congress of the United States the general election day for federal offices takes place on the Tuesday after the first Monday of November. State, local, and primary election days vary from state to state and from community to community.
How To Vote
*Before Election Day there are some steps that one must take in order to qualify to vote. There are two general qualifications for voting that apply to people of every state; they are as follows:
-You must be a citizen of the United States.
-You must be at least 18 years old on or before the date of the election.
*Each state has other qualifications that it sets for voting. Some of these qualifications are as follows:
-Some states require that citizens live in that state for a specified period of time before the Election Day. Pennsylvania’s residency requirement is that a person must live in the state for at least 30 days before Election Day.
-Some states require its residents to formally register to vote. Pennsylvanian’s must register to vote at least 30 days before Election Day. PA residents can register to vote at the Department of Transportation by filling out a form they can obtain from state or local offices, or by obtaining a downloadable and printable voter registration form online. The website is: http://www.dos.state.pa.us/bcel/lib/bcel/voter_registration/01_staticpage/voterregistrationapp.html
-Some states require its residents to choose membership in a political party in order to qualify to vote in a primary election. Pennsylvania requires its residents to choose membership in a political party to vote in the primary election. PA residents are not required to choose a party in order to vote in general elections.
-Some states require its residents to be free of any felony conviction in order to qualify to vote. Pennsylvania has no such requirement.
-Some states require its residents to be legally sane in order to qualify to vote. Pennsylvania has no such requirement.
-The 15th Amendment prohibits any federal, state, or local government from denying any citizen the right to vote based on race, color, or religious affiliation.
-The 19th Amendment prohibits any federal, state, or local government from denying any citizen the right to vote based on sex.
-The 26th Amendment prohibits any federal, state, or local government from denying any citizen 18 years old or older the right to vote based on age.
*If you meet all the qualifications for voting you are then able to vote in federal, state, and local primary and general elections. You need to be prepared to go and vote. There are a few things you need to do before going to vote:
-Know where you’re going. You cannot vote at just any polling place, there is a specified place you need to go in order to cast your vote. This place is determined by your address.
-Be able to provide official proof of identification. Some polling places will not allow you to vote without proper ID.
-Research the candidates and be ready to make educated and informed choices inside the voting booth.
State and Local Government
*Since we live in a nation that features a Federal system of government, the power of government is divided between the national government, and the States governments.
-According to Article IV of the US Constitution, each state is guaranteed a representative form of government.
-Article VI of the US Constitution is often referred to as the Supremacy Clause. This means that all federal laws take precedence and are supreme over any state or local laws; however it also means that anything that is not covered under federal law can be covered under state law.
State Constitutions
*Each state has its own Constitution. Each state’s Constitution must adhere to the US Constitution and to all federal laws.
-The first written Constitution in America was adopted by the colony of Connecticut in 1638.
-The State with the oldest Constitution still in effect is New Hampshire. New Hampshire adopted their current Constitution in 1784.
Constitution of the Commonwealth of Pennsylvania
-Pennsylvania’s first Constitution was adopted in 1776. Since 1776 Pennsylvania has had 5 Commonwealth Constitutions. (Pennsylvania, along with Massachusetts, Virginia, and Kentucky are not states, they are Commonwealths.) Pennsylvania’s current Constitution was adopted in 1968.
-Pennsylvania’s Constitution is made up of a Preamble, 11 Articles, and 13 Amendments.
-The Constitution of Pennsylvania’s Preamble is as follows: “WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.”
-Article I of Pennsylvania’s Constitution is the Commonwealth’s Bill of Rights. There are 28 specific rights listed in Pennsylvania’s Bill of Rights.
-Article II of Pennsylvania’s Constitution establishes the Commonwealth’s legislative branch of government. Pennsylvania’s legislature is called the General Assembly; it is a bicameral legislature with an upper house, the Senate, and a lower house, the House of Representatives.
-Article III of Pennsylvania’s Constitution defines how the General Assembly goes about making laws.
-Article IV of Pennsylvania’s Constitution establishes the Commonwealth’s Executive Branch. The chief executive of the Commonwealth of Pennsylvania is the Governor (Edward G. Rendell). In addition to the Governor, the executive branch is made up of the Lieutenant Governor, the Attorney General, Auditor General and Treasurer.
-Article V of Pennsylvania’s Constitution establishes and defines the Commonwealth’s Judicial Branch. Pennsylvania’s Supreme Court is made up of 7 justices who are elected by the people. This Article is quite lengthy because the Commonwealth basically has 3 sets of rules for the courts. The judicial system is set up the same in all of the counties with the exception of Philadelphia and Allegheny Counties (this includes the City of Pittsburgh.) Philadelphia and Allegheny counties have their own court systems which are run by the local governments, but fall under the authority of the Commonwealth.
-Article VI of Pennsylvania’s Constitution describes the responsibilities and expectations of Public Officers, both those elected and those appointed.
-Article VII of Pennsylvania’s Constitution outlines the Commonwealth’s election process.
-Article VIII of Pennsylvania’s Constitution defines the Commonwealth’s laws regarding taxes and finances.
-Article IX of Pennsylvania’s Constitution describes the legal relationship the Commonwealth has with the county and local governments throughout the state.
-Article X of Pennsylvania’s Constitution sets forth the basic laws that Private Corporations must adhere to in the Commonwealth.
Article XI of Pennsylvania’s Constitution describes and defines the process of Ammending the Constitution.
State Legislatures
-Each state has a legislature, or law making body. Every state in the union has a bicameral legislature consisting of an upper house and a lower house.
-Pennsylvania’s legislature is called the General Assembly. The upper house is called the Senate and has 50 members. The lower house is called the House of Representatives and has 203 members.
-Members of Pennsylvania’s Senate are elected to a term of 4 years and may run for re-election as many times as they want. Members of Pennsylvania’s House of Representatives are elected to a term of 2 years and may also run for re-election as many times as they want.
-In many states, State Legislators are paid a very small salary; some as low as $5 a day for each day the legislature is in session. In the states that pay very small salaries, the job of legislator is usually part time and most of the legislators have other full time professions, usually as lawyers, business owners, executives, labor leaders, etc.
-In Pennsylvania the job of legislator is a full time position that requires the members of the legislature to spend a good deal of their time at the state capitol in Harrisburg. Pennsylvania state legislators are the third highest paid in the US making an annual salary of approximately $65,000.
-The presiding officer of the Pennsylvania House of Representatives is the Speaker of the House. Currently the Speaker of the House in Pennsylvania is Dennis O'Brien. The presiding officer of the Pennsylvania Senate is the Lieutenant Governor. Currently the Lieutenant Governor is Catherine Baker Knoll.
Governors
*Each state has a Chief Executive called the Governor. The Governor has many duties, powers, and responsibilities in the state government. Some of the powers and duties of the governor are as follows:
-Carrying out state laws and supervising the executive branch.
-Reporting to the legislature from time to time on the state of the state.
-Appointing some judges and other state officials.
-Proposing new laws and programs to the legislature.
-Preparing the state budget.
-Approving or vetoing bills.
-Declaring states of emergency.
-Representing the state at ceremonies and public functions.
-The governor also has the power to grant pardons, reprieves,
and amnesty to people convicted of state crimes.
-Each state sets term lengths and limits for the governor. In Pennsylvania the governor serves a term that lasts 4 years, and is limited to serving 2 terms.
-Each state determines the salary of their governor. The range in salaries is wide throughout the states. Some states pay their governor less than $40,000 per year; others pay their governor over $150,000 per year. Pennsylvania’s governor receives approximately $142,000 per year. He also has many of his living expenses paid, and is provided with a gubernatorial mansion in Harrisburg.
Thursday, December 18, 2008
Judicial Branch
The Judicial Branch of The United States Government
-The Judicial branch of the United States government is comprised of every court in the nation from the lowest Justice of the Peace and magistrate’s offices to the Supreme Court.
-There are two basic levels of courts in the United States:
*Federal Courts: These courts derive their powers directly from the US Constitution and from federal laws.
*State Courts: These courts derive their powers from State Constitutions and State laws
-This two level system that we employ in the US is often called the dual court system.
-Jurisdiction: The authority of a court to hear a case.
-In our dual court system, State courts have the authority to hear cases that involve State laws or a state’s constitution. The vast majority of court cases in the US are in the jurisdiction of State courts.
-Federal courts have jurisdiction in cases that involve Federal law, treaties with foreign nations, interpretations of the US Constitution, ambassadors and other representatives of foreign governments, two or more state governments, the United States Government, a state and a citizen of another state, and a state or its citizens and a foreign nation or its citizens.
-It is possible for State courts and Federal courts to both have jurisdiction in a case at the same time, this is called concurrent jurisdiction.
-Original Jurisdiction: This type of jurisdiction belongs to the court that hears a case first, usually a trial court.
-Appellate Jurisdiction: When someone loses a case in a trial court they have the right to appeal the verdict to a higher court. The court that hears the appeal has what is called Appellate Jurisdiction.
Federal Court Jurisdiction
*Federal courts deal with three types of law: civil law, criminal law, and constitutional law.
-Civil Law: Settles disputes between two or more individuals or between individuals and the government. (In law, the term individual refers to not only an individual person, but also to businesses and other organizations.)
-Plaintiff: the individual who brings charges in a civil suit.
-Defendant: the individual whom the suit is brought against
in a civil case.
-In civil cases individuals sue for two purposes, to try to collect monetary damages, or to prevent harmful action from taking place.
-Cases that try to prevent harmful action from taking place are cases that deal with what is called equity law. Equity law is a system of rules by which disputes are resolved on the grounds of fairness.
-In equity law cases plaintiffs ask the court to issue orders that forbid defendants from taking or continuing certain actions. These orders are called injunctions.
-Criminal Law: In a federal criminal law case the US Government charges an individual with breaking a federal law. The individual who is charged with the crime in a criminal law case is called a defendant; the federal government is the prosecutor. The most common federal crimes that are committed are bank robbery, tax evasion, mail fraud, kidnapping, and drug dealing.
-Constitutional Law: Federal courts hear cases that relate to the meaning and application of the United States Constitution. Constitutional law cases can deal with either civil law or criminal law cases. Whereas civil law cases and criminal law cases can be heard in either State or Federal courts depending on the jurisdiction, Constitutional law cases can only be heard in federal courts.
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Legal System Principles
-There are 4 basic principles that underlie the Judicial Branch of our government. These principles are equal justice under the law, due process of law, the adversary system, and presumption of innocence.
-Equal Justice Under the Law: Refers to the goal of the American legal system to treat all people alike regardless of race, wealth, social status, gender, or age. The 5th, 6th, 7th, 8th, and 14th Amendments guarantee equal justice under the law.
-Due Process of Law: This means that all laws must be applied equally to all people. Due process of law is defined and guaranteed in the 5th and 14th Amendments.
-The Adversary System: Our legal system is set up in a way that basically turns court cases into competitions between lawyers for the defense and lawyers for the plaintiff or prosecution with a judge basically acting as a referee.
-Presumption of Innocence: All defendants in court cases in the United States must be viewed as being innocent of the crimes that they are charged with until they are found guilty in court of the crimes. It is the responsibility of the prosecution to prove the defendant guilty. If the prosecution can not prove a defendant guilty beyond the shadow of a doubt, regardless of how much evidence they may have against the defendant, the defendant must be found innocent.
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Lower Federal Courts
Congress has the Constitutional power to establish federal courts in the United States. Congress has established federal courts on all levels. The most numerous federal courts that have been established are called District Courts; these are the lowest level federal courts in the United States.
-Federal District Courts: These are the basic trial courts in federal court system for both criminal and civil cases. The United States is currently divided into 91judicial districts. Each state must have at least one federal judicial district; some of the larger states such as California, New York, and Texas have up to 4 federal judicial districts. There are currently close to 600 federal district court judges working in the federal court system today. Each of these judges are appointed for life by the President.
-District Courts use 2 types of juries in criminal cases; Grand Juries, and Petit Juries.
-Grand Jury: Made up of 16-23 people. These people
decide whether there is enough evidence against a person
accused of a crime to hold that person over for trial. If
they decide there is enough evidence they issue an
indictment which is a formal accusation charging a person
with a crime.
-Petit Jury: Made up of 6, 9, or 12 people. This is a trial
jury in civil and criminal cases. Their job is to weigh the
evidence in a case and render a verdict. In criminal cases
a jury will rule either guilty or innocent. In a civil case a
jury will rule either in favor of the plaintiff or the
defendant.
Federal Officers of the Court
In addition to district judges, the federal judicial districts have other officers that help the courts run.
-United States Attorney: Each district has a US Attorney’s office. The job of the US Attorney’s office is to represent the US government in all civil cases involving the federal government, and to prosecute the accused in all federal criminal cases. Each districts US Attorney is appointed by the President.
-United States Magistrate: Issues federal arrest warrants, search warrants, and helps decide whether an arrested person should be held for a grand jury hearing. The US Magistrate is appointed by the President.
-United States Marshall: The US Marshall’s office executes warrants, makes federal arrests, secures jurors for federal cases, and insures order is kept in federal courtrooms. The US Marshall is appointed by the President.
Other Federal Courts
Besides the District Courts, the United States Judicial Branch employs other courts for different reasons.
-Federal Circuit Court of Appeals: The United States is divided into 12 federal judicial circuits with one court of appeals for each circuit. There is a 13th court that has national jurisdiction and that usually handles very serious cases. The job of these courts is simply to hear appeals cases of other federal courts. A panel of at least three judges hears and decides all federal appeals. The appeals court has the power to make one of three decisions: reverse the original decision, uphold the original decision, or order the case to be sent back to lower court for a re-trial. All together there are 13 Federal Courts of Appeals. The decisions made by all 13 of these courts are final decisions unless they are appealed to, and accepted by the US Supreme Court, making these courts the second highest courts in the United States.
-US Circuit Court of Appeals for the Federal Circuit: This is a special court of appeals with national jurisdiction. This court is set up to hear appeals brought to it by the US Claims Court, the Court of International Trade, the US Patent Office, and several federal agencies.
-The Court of International Trade: This court has original jurisdiction over cases that deal with international tariffs. The US Circuit Court of Appeals for the Federal Circuit hears all appeals from this court.
-United States Claims Court: This court has original jurisdiction over cases that deal with lawsuits against the Federal government. US Circuit Court of Appeals for the Federal Circuit hears all appeals from this court.
-United States Tax Court: This court has original jurisdiction over all cases that deal with federal taxes. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-US Bankruptcy Court: Each federal judicial district has a special court set up to hear and decide bankruptcy cases. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-The Court of Military Appeals: This court hears appeals cases involving members of the US Armed Forces convicted of a crime. The US Supreme Court hears appeals from this court.
-Territorial Courts: These courts hear federal civil and criminal cases in the US Territories of The Virgin Islands, Guam, the Northern Marianas Islands, American Samoa, and Puerto Rico. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-Courts of the District of Columbia: Since Washington DC is a federal district; all local courts in that city are part of the federal judicial system. One of the 12 US Circuit Court of Appeals hears appeals from these courts.
The Supreme Court Of The United States of America
-The Supreme Court is the highest court in the land. It has final authority in any case involving the Constitution, acts of Congress, and treaties with other nations.
-Most of the cases the Supreme Court hears are appeals from lower courts making the Supreme Court mostly an appellate court. The decisions of the Supreme Court are binding on all lower courts.
-The Supreme Court has original jurisdiction in cases involving representatives of foreign governments, and in certain cases where one of the States is a party (usually in lawsuits where one state is suing another state.)
-Many cases are appealed to the Supreme Court, too many for the Court to actually hear. The Supreme Court has the luxury of choosing which cases it will hear. The court chooses what cases it will hear based primarily on the case’s importance to the Constitution of the United States.
-The decisions of the Supreme Court are final and cannot be overturned by any other court, Congress, or the President. There are only two ways to change a Supreme Court decision.
-Supreme Court decisions can be overturned by other Supreme Court decisions.
-An amendment to the Constitution can overturn a Supreme Court Decision.
-In order to be a Supreme Court Justice one must be a citizen of the United States, be appointed by the President, and have the appointment confirmed by the US Senate.
-The Supreme Court is made up of a Chief Justice, and eight Associate Justices for a total of 9 justices.
-Currently the Chief Justice of the Supreme Court is John Roberts. In addition to the normal duties of a Supreme Court Justice the Chief Justice also presides over the Supreme Court, and acts as the chief administrator of the nations court system
-The current Associate Justices of the Supreme Court are Anthony Kennedy, Samuel Alito, David Souter, Ruth Bader Ginsburg, Clarence Thomas, Antonin Scalia, Stephen Bryer, and John Paul Stevens. The duties of Supreme Court Justices include deciding which cases to hear each session, making decisions on the cases the court hears, and each Justice is assigned one of the 12 Circuit Courts of Appeal to preside over (3 Justices preside over 2 Circuits.)
-Whenever a decision is made by the Supreme Court, one or more of the Justices writes what is called an opinion. There are two types of opinions.
-Majority Opinion: This is an explanation of why the
Court voted the way that it did in a case. The Majority
Opinion is written by one of the justices that voted with
the majority. If the Chief Justice is in the majority he
will either write the opinion himself or assign the opinion
to one of the Associate Justices; if the Chief Justice is not
in the majority the longest serving Associate Justice in
the majority will determine who writes it.
-Dissenting Opinion: This is an explanation of why the
members of the Court who voted against the decision
voted that way. The Dissenting Opinion is written by
one of the justices that voted against the decision. If the
Chief Justice is one of the dissenters he will either write
the opinion himself or assign the opinion to one of the
Associate Justices; if the Chief Justice is not a dissenter the longest serving Associate Justice who dissents will determine who writes it.
MARBURY v. MADISON (1803)
In Marbury v. Madison, the U.S. Supreme Court asserted its power to review acts of Congress and invalidate those that conflict with the Constitution.
During the first two administrations, President George Washington and President John Adams appointed only Federalist Party members to administration and judiciary positions. When Thomas Jefferson won the 1800 election, President Adams, a Federalist, proceeded to rapidly fill the judiciary bench with members of his own party, who would serve for life during "good behavior." In response, Jeffersonian Republicans repealed the Judiciary Act of 1800, which had created several new judgeships and circuit courts with Federalist judges, and threatened impeachment if the Supreme Court overturned the repeal statute.
Although President Adams attempted to fill the vacancies prior to the end of his term, he had not delivered a number of commissions. Thus, when Jefferson became President, he refused to honor the last-minute appointments of President John Adams. As a result, William Marbury, one of those appointees, sued James Madison, the new Secretary of State, and asked the Supreme Court to order the delivery of his commission as a justice of the peace.
The new chief justice, John Marshall, understood that if the Supreme Court issued a writ of mandamus (i.e., an order to force Madison to deliver the commission), the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law. Instead, Marshall found a common ground where the Court could chastise the Jeffersonians for their actions while enhancing the Supreme Court's power. His decision in this case has often been hailed as a judicial tour de force.
Basically, he declared that Madison should have delivered the commission to Marbury; however, he ruled that the Court lacked the power to issue writs of mandamus. While a section of the Judiciary Act of 1789 granted the Court the power to issue writs of mandamus, the Court ruled that this exceeded the authority allotted the Court under Article III of the Constitution and was therefore null and void. So, while the case limited the court's power in one sense, it greatly enhanced it in another by ultimately establishing the court's power to declare acts of Congress unconstitutional. Just as important, it emphasized that the Constitution is the supreme law of the land and that the Supreme Court is the arbiter and final authority of the Constitution. As a result of this court ruling, the Supreme Court became an equal partner in the government.
DRED SCOTT v. SANFORD (1857):
Dred Scott, a slave, was taken by his owner, Sanford, into northern federal territory. Scott felt that he was free because of the Missouri Compromise of 1820, which excluded slavery from specified portions of United States territories. When he came back to Missouri, Scott sued his owner for his freedom. The Supreme Court of the United States ruled that slaves were property, not citizens and, therefore, Dred Scott was not entitled to use the courts. The Court also said that Congress had no power to prohibit slavery in the territory and that the Missouri Compromise was unconstitutional.
PLESSY v. FERGUSON (1896):
Plessy purchased a first class ticket on the East Louisiana Railway. Plessy, who was racially mixed (one-eighth black and seven-eighths Caucasian), was a United States citizen and a resident of the state of Louisiana. He took a seat in the coach where only whites were permitted to sit. He was told by the conductor to leave the coach and to find another seat on the train where non-whites were permitted to sit. Plessy did not move and was ejected by force from the train. Plessy was sent to jail for violating the Louisiana Act of 1890, which required railway companies to provide “separate but equal” accommodations for white and black races. Plessy argued that this law was unconstitutional. The Supreme Court of the United States held that the Louisiana Act, which stated that “all railway companies were to provide equal but separate accommodations for white and black races” did not violate the Constitution. The law did not violate the Fourteenth Amendment, which gave all blacks citizenship, and forbade states from passing any laws which would deprive blacks of their constitutional rights. The Court believed that “separate but equal” was the most reasonable approach considering the social prejudices which prevailed at the time.
BROWN v. BOARD OF EDUCATION (1954)
On May 17, 1954, the United States Supreme Court handed down a landmark decision on segregation in public elementary schools. That case, which consolidated a number of matters on appeal from Kansas, South Carolina, Virginia and Delaware, was titled Brown v. Board of Education. Like in Sweatt and McLaurin, the Court here considered criteria beyond the physical facilities and other tangible assets of black and white schools. So, even if the black schools and white schools had substantially equal buildings, curricula, classroom materials, teacher qualifications and salaries, the separate schools still possibly did not offer equal educational opportunities. Turning to the effect of segregation on school children, the Court noted that to separate black children from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
In the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.
This sense of inferiority affects their motivation to learn and, thus, has a tendency to retard their educational and mental development and to deprive them of some of the benefits they would receive in a racially integrated school system. The Court then held that segregation in public schools was unconstitutional and rejected any language in Plessy that ran contrary to this. So, in this century of change, people once enslaved were unshackled and set free. People once isolated were integrated into society. People once looked down upon returned to lead. And, these leaders guided not just themselves but the entire nation to a better place. A place where people have never been freer. A place where justice has never been fairer. And, a place where the promise of America has never been finer.
ROE v. WADE (1973)
Facts:
A Texas woman sought to terminate her pregnancy. However, a Texas law made it a crime to procure or attempt an abortion except when the mother’s life would be in danger if she remained pregnant. Ms. Roe challenged the Texas law on the grounds that the law violated her right of personal liberty given in the Fourteenth Amendment and her right to privacy protected by the Bill of Rights.
Issue:
Whether state law which bans or regulates abortion violates a woman’s right to privacy or personal choice in matters of family decisions or marriage.
Opinion:
The Supreme Court of the United States decided that states could regulate abortions only in certain circumstances but otherwise women did have a right to privacy and reproductive autonomy. The Court divided a woman’s pregnancy into three time periods: 1) during the first trimester (the first three months of pregnancy), states may not interfere with a woman’s decision to have an abortion; 2) during the second trimester, states could regulate abortions, but only if such regulation was reasonably related to the mother’s health; and, 3) during the third trimester, which occurs after the fetus (unborn child) reaches viability (the stage at which it can survive outside the mother’s body), states may regulate absolutely and ban abortions altogether in order to protect the unborn child. The woman’s right to privacy was held to be a fundamental right which could only be denied if a compelling state interest existed. Once the fetus reaches a “viable” stage of development, such a compelling point is reached because the unborn child is now given constitutional protection.
Gideon v. Wainwright (1963)
Facts:
Clarence Earl Gideon was arrested in 1961, and charged with breaking and entering a pool hall with intent to commit petty larceny (a felony). He did not have enough money for a lawyer and asked that one be appointed to defend him. The judge denied the request, saying that under Florida state law, counsel can be appointed only in a capital offense. Gideon was sentenced to five years in prison. He then filed a writ of certiorari (petition of appeal) to the Supreme Court of the United States, asking for a case review. The Court granted Gideon’s request and appointed Abe Fortas to represent him.
Issue:
Whether the state of Florida violated Gideon’s Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, by not providing him with the assistance of counsel for his criminal defense.
Opinion:
The Court ruled unanimously in Gideon’s favor, and held that the Fourteenth Amendment included state as well as federal defendants. The Court said that all states must provide an attorney in all felony and capital cases for people who cannot afford one themselves. Through the Fourteenth Amendment due process clause, the Sixth Amendment guarantee of the right to counsel applies to the states. [Gideon was retried in Florida and found not guilty.]
Miranda v. Arizona (1966)
Facts:
Ernesto Miranda was convicted of rape and kidnapping. His conviction was based in part on incriminating statements he made to the police while they interrogated him. At no time during the questioning did the police inform Miranda that he did not have to talk to them or that he had the right to a lawyer when being questioned by police.
Issue"
Whether the state of Arizona violated the constitutional rights of Miranda under the Fifth, Sixth, and Fourteenth Amendments when they interrogated him without advising him of his constitutional right to remain silent.
Opinion:
The Supreme Court of the United States, in a 5-4 decision, ruled that the police were in error. The Court held that the police must inform suspects that they have the right to remain silent, that anything they say may be used against them, and that they have the right to counsel before the police may begin to question those held in custody.
[Miranda established the “Miranda Warning” which police now use prior to interrogation of persons arrested.]
Furman v. Georgia (1972)
Facts:
William Henry Furman, a 26 year old African American, attempted to burglarize a home in Georgia. When the homeowner awoke and attempted to stop him, Mr. Furman tried to escape. He tripped and dropped his gun, which went off, killing the homeowner. At the trial, Mr. Furman was found guilty of murder, despite a claim of mental incompetence. Under Georgia statute, the jury had the option of recommending the death penalty or life imprisonment. Mr. Furman was sentenced to death. His lawyer argued the Georgian death penalty law was excessively cruel and: (1) made rehabilitation impossible; (2) imprisonment was an available alternative; and (3) the death penalty was imposed almost exclusively on poor people and black persons.
Issue:
Whether Mr. Furman’s death sentence was a violation of the Eighth Amendment’s Cruel and Unusual Punishment Clause and the Equal Protection and Due Process Clause of the Fourteenth Amendment.
Opinion:
In a 5-4 decision the Supreme Court of the United States struck down all existing state death penalty laws. The justices reasoned these death penalty laws left almost unlimited discretion to the judges or juries in deciding the sentence. The majority of the justices agreed that almost all those convicted in capital trials were black or poor or both, which they found “capriciously selective.” The Court did not declare capital punishment a violation of the Eighth Amendment’s “Cruel and Unusual Punishment” clause. Instead, it declared the existing death penalty laws violated the due process clause of the Fourteenth Amendment.
-The Judicial branch of the United States government is comprised of every court in the nation from the lowest Justice of the Peace and magistrate’s offices to the Supreme Court.
-There are two basic levels of courts in the United States:
*Federal Courts: These courts derive their powers directly from the US Constitution and from federal laws.
*State Courts: These courts derive their powers from State Constitutions and State laws
-This two level system that we employ in the US is often called the dual court system.
-Jurisdiction: The authority of a court to hear a case.
-In our dual court system, State courts have the authority to hear cases that involve State laws or a state’s constitution. The vast majority of court cases in the US are in the jurisdiction of State courts.
-Federal courts have jurisdiction in cases that involve Federal law, treaties with foreign nations, interpretations of the US Constitution, ambassadors and other representatives of foreign governments, two or more state governments, the United States Government, a state and a citizen of another state, and a state or its citizens and a foreign nation or its citizens.
-It is possible for State courts and Federal courts to both have jurisdiction in a case at the same time, this is called concurrent jurisdiction.
-Original Jurisdiction: This type of jurisdiction belongs to the court that hears a case first, usually a trial court.
-Appellate Jurisdiction: When someone loses a case in a trial court they have the right to appeal the verdict to a higher court. The court that hears the appeal has what is called Appellate Jurisdiction.
Federal Court Jurisdiction
*Federal courts deal with three types of law: civil law, criminal law, and constitutional law.
-Civil Law: Settles disputes between two or more individuals or between individuals and the government. (In law, the term individual refers to not only an individual person, but also to businesses and other organizations.)
-Plaintiff: the individual who brings charges in a civil suit.
-Defendant: the individual whom the suit is brought against
in a civil case.
-In civil cases individuals sue for two purposes, to try to collect monetary damages, or to prevent harmful action from taking place.
-Cases that try to prevent harmful action from taking place are cases that deal with what is called equity law. Equity law is a system of rules by which disputes are resolved on the grounds of fairness.
-In equity law cases plaintiffs ask the court to issue orders that forbid defendants from taking or continuing certain actions. These orders are called injunctions.
-Criminal Law: In a federal criminal law case the US Government charges an individual with breaking a federal law. The individual who is charged with the crime in a criminal law case is called a defendant; the federal government is the prosecutor. The most common federal crimes that are committed are bank robbery, tax evasion, mail fraud, kidnapping, and drug dealing.
-Constitutional Law: Federal courts hear cases that relate to the meaning and application of the United States Constitution. Constitutional law cases can deal with either civil law or criminal law cases. Whereas civil law cases and criminal law cases can be heard in either State or Federal courts depending on the jurisdiction, Constitutional law cases can only be heard in federal courts.
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Legal System Principles
-There are 4 basic principles that underlie the Judicial Branch of our government. These principles are equal justice under the law, due process of law, the adversary system, and presumption of innocence.
-Equal Justice Under the Law: Refers to the goal of the American legal system to treat all people alike regardless of race, wealth, social status, gender, or age. The 5th, 6th, 7th, 8th, and 14th Amendments guarantee equal justice under the law.
-Due Process of Law: This means that all laws must be applied equally to all people. Due process of law is defined and guaranteed in the 5th and 14th Amendments.
-The Adversary System: Our legal system is set up in a way that basically turns court cases into competitions between lawyers for the defense and lawyers for the plaintiff or prosecution with a judge basically acting as a referee.
-Presumption of Innocence: All defendants in court cases in the United States must be viewed as being innocent of the crimes that they are charged with until they are found guilty in court of the crimes. It is the responsibility of the prosecution to prove the defendant guilty. If the prosecution can not prove a defendant guilty beyond the shadow of a doubt, regardless of how much evidence they may have against the defendant, the defendant must be found innocent.
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Lower Federal Courts
Congress has the Constitutional power to establish federal courts in the United States. Congress has established federal courts on all levels. The most numerous federal courts that have been established are called District Courts; these are the lowest level federal courts in the United States.
-Federal District Courts: These are the basic trial courts in federal court system for both criminal and civil cases. The United States is currently divided into 91judicial districts. Each state must have at least one federal judicial district; some of the larger states such as California, New York, and Texas have up to 4 federal judicial districts. There are currently close to 600 federal district court judges working in the federal court system today. Each of these judges are appointed for life by the President.
-District Courts use 2 types of juries in criminal cases; Grand Juries, and Petit Juries.
-Grand Jury: Made up of 16-23 people. These people
decide whether there is enough evidence against a person
accused of a crime to hold that person over for trial. If
they decide there is enough evidence they issue an
indictment which is a formal accusation charging a person
with a crime.
-Petit Jury: Made up of 6, 9, or 12 people. This is a trial
jury in civil and criminal cases. Their job is to weigh the
evidence in a case and render a verdict. In criminal cases
a jury will rule either guilty or innocent. In a civil case a
jury will rule either in favor of the plaintiff or the
defendant.
Federal Officers of the Court
In addition to district judges, the federal judicial districts have other officers that help the courts run.
-United States Attorney: Each district has a US Attorney’s office. The job of the US Attorney’s office is to represent the US government in all civil cases involving the federal government, and to prosecute the accused in all federal criminal cases. Each districts US Attorney is appointed by the President.
-United States Magistrate: Issues federal arrest warrants, search warrants, and helps decide whether an arrested person should be held for a grand jury hearing. The US Magistrate is appointed by the President.
-United States Marshall: The US Marshall’s office executes warrants, makes federal arrests, secures jurors for federal cases, and insures order is kept in federal courtrooms. The US Marshall is appointed by the President.
Other Federal Courts
Besides the District Courts, the United States Judicial Branch employs other courts for different reasons.
-Federal Circuit Court of Appeals: The United States is divided into 12 federal judicial circuits with one court of appeals for each circuit. There is a 13th court that has national jurisdiction and that usually handles very serious cases. The job of these courts is simply to hear appeals cases of other federal courts. A panel of at least three judges hears and decides all federal appeals. The appeals court has the power to make one of three decisions: reverse the original decision, uphold the original decision, or order the case to be sent back to lower court for a re-trial. All together there are 13 Federal Courts of Appeals. The decisions made by all 13 of these courts are final decisions unless they are appealed to, and accepted by the US Supreme Court, making these courts the second highest courts in the United States.
-US Circuit Court of Appeals for the Federal Circuit: This is a special court of appeals with national jurisdiction. This court is set up to hear appeals brought to it by the US Claims Court, the Court of International Trade, the US Patent Office, and several federal agencies.
-The Court of International Trade: This court has original jurisdiction over cases that deal with international tariffs. The US Circuit Court of Appeals for the Federal Circuit hears all appeals from this court.
-United States Claims Court: This court has original jurisdiction over cases that deal with lawsuits against the Federal government. US Circuit Court of Appeals for the Federal Circuit hears all appeals from this court.
-United States Tax Court: This court has original jurisdiction over all cases that deal with federal taxes. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-US Bankruptcy Court: Each federal judicial district has a special court set up to hear and decide bankruptcy cases. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-The Court of Military Appeals: This court hears appeals cases involving members of the US Armed Forces convicted of a crime. The US Supreme Court hears appeals from this court.
-Territorial Courts: These courts hear federal civil and criminal cases in the US Territories of The Virgin Islands, Guam, the Northern Marianas Islands, American Samoa, and Puerto Rico. One of the 12 US Circuit Court of Appeals hears appeals from this court.
-Courts of the District of Columbia: Since Washington DC is a federal district; all local courts in that city are part of the federal judicial system. One of the 12 US Circuit Court of Appeals hears appeals from these courts.
The Supreme Court Of The United States of America
-The Supreme Court is the highest court in the land. It has final authority in any case involving the Constitution, acts of Congress, and treaties with other nations.
-Most of the cases the Supreme Court hears are appeals from lower courts making the Supreme Court mostly an appellate court. The decisions of the Supreme Court are binding on all lower courts.
-The Supreme Court has original jurisdiction in cases involving representatives of foreign governments, and in certain cases where one of the States is a party (usually in lawsuits where one state is suing another state.)
-Many cases are appealed to the Supreme Court, too many for the Court to actually hear. The Supreme Court has the luxury of choosing which cases it will hear. The court chooses what cases it will hear based primarily on the case’s importance to the Constitution of the United States.
-The decisions of the Supreme Court are final and cannot be overturned by any other court, Congress, or the President. There are only two ways to change a Supreme Court decision.
-Supreme Court decisions can be overturned by other Supreme Court decisions.
-An amendment to the Constitution can overturn a Supreme Court Decision.
-In order to be a Supreme Court Justice one must be a citizen of the United States, be appointed by the President, and have the appointment confirmed by the US Senate.
-The Supreme Court is made up of a Chief Justice, and eight Associate Justices for a total of 9 justices.
-Currently the Chief Justice of the Supreme Court is John Roberts. In addition to the normal duties of a Supreme Court Justice the Chief Justice also presides over the Supreme Court, and acts as the chief administrator of the nations court system
-The current Associate Justices of the Supreme Court are Anthony Kennedy, Samuel Alito, David Souter, Ruth Bader Ginsburg, Clarence Thomas, Antonin Scalia, Stephen Bryer, and John Paul Stevens. The duties of Supreme Court Justices include deciding which cases to hear each session, making decisions on the cases the court hears, and each Justice is assigned one of the 12 Circuit Courts of Appeal to preside over (3 Justices preside over 2 Circuits.)
-Whenever a decision is made by the Supreme Court, one or more of the Justices writes what is called an opinion. There are two types of opinions.
-Majority Opinion: This is an explanation of why the
Court voted the way that it did in a case. The Majority
Opinion is written by one of the justices that voted with
the majority. If the Chief Justice is in the majority he
will either write the opinion himself or assign the opinion
to one of the Associate Justices; if the Chief Justice is not
in the majority the longest serving Associate Justice in
the majority will determine who writes it.
-Dissenting Opinion: This is an explanation of why the
members of the Court who voted against the decision
voted that way. The Dissenting Opinion is written by
one of the justices that voted against the decision. If the
Chief Justice is one of the dissenters he will either write
the opinion himself or assign the opinion to one of the
Associate Justices; if the Chief Justice is not a dissenter the longest serving Associate Justice who dissents will determine who writes it.
MARBURY v. MADISON (1803)
In Marbury v. Madison, the U.S. Supreme Court asserted its power to review acts of Congress and invalidate those that conflict with the Constitution.
During the first two administrations, President George Washington and President John Adams appointed only Federalist Party members to administration and judiciary positions. When Thomas Jefferson won the 1800 election, President Adams, a Federalist, proceeded to rapidly fill the judiciary bench with members of his own party, who would serve for life during "good behavior." In response, Jeffersonian Republicans repealed the Judiciary Act of 1800, which had created several new judgeships and circuit courts with Federalist judges, and threatened impeachment if the Supreme Court overturned the repeal statute.
Although President Adams attempted to fill the vacancies prior to the end of his term, he had not delivered a number of commissions. Thus, when Jefferson became President, he refused to honor the last-minute appointments of President John Adams. As a result, William Marbury, one of those appointees, sued James Madison, the new Secretary of State, and asked the Supreme Court to order the delivery of his commission as a justice of the peace.
The new chief justice, John Marshall, understood that if the Supreme Court issued a writ of mandamus (i.e., an order to force Madison to deliver the commission), the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law. Instead, Marshall found a common ground where the Court could chastise the Jeffersonians for their actions while enhancing the Supreme Court's power. His decision in this case has often been hailed as a judicial tour de force.
Basically, he declared that Madison should have delivered the commission to Marbury; however, he ruled that the Court lacked the power to issue writs of mandamus. While a section of the Judiciary Act of 1789 granted the Court the power to issue writs of mandamus, the Court ruled that this exceeded the authority allotted the Court under Article III of the Constitution and was therefore null and void. So, while the case limited the court's power in one sense, it greatly enhanced it in another by ultimately establishing the court's power to declare acts of Congress unconstitutional. Just as important, it emphasized that the Constitution is the supreme law of the land and that the Supreme Court is the arbiter and final authority of the Constitution. As a result of this court ruling, the Supreme Court became an equal partner in the government.
DRED SCOTT v. SANFORD (1857):
Dred Scott, a slave, was taken by his owner, Sanford, into northern federal territory. Scott felt that he was free because of the Missouri Compromise of 1820, which excluded slavery from specified portions of United States territories. When he came back to Missouri, Scott sued his owner for his freedom. The Supreme Court of the United States ruled that slaves were property, not citizens and, therefore, Dred Scott was not entitled to use the courts. The Court also said that Congress had no power to prohibit slavery in the territory and that the Missouri Compromise was unconstitutional.
PLESSY v. FERGUSON (1896):
Plessy purchased a first class ticket on the East Louisiana Railway. Plessy, who was racially mixed (one-eighth black and seven-eighths Caucasian), was a United States citizen and a resident of the state of Louisiana. He took a seat in the coach where only whites were permitted to sit. He was told by the conductor to leave the coach and to find another seat on the train where non-whites were permitted to sit. Plessy did not move and was ejected by force from the train. Plessy was sent to jail for violating the Louisiana Act of 1890, which required railway companies to provide “separate but equal” accommodations for white and black races. Plessy argued that this law was unconstitutional. The Supreme Court of the United States held that the Louisiana Act, which stated that “all railway companies were to provide equal but separate accommodations for white and black races” did not violate the Constitution. The law did not violate the Fourteenth Amendment, which gave all blacks citizenship, and forbade states from passing any laws which would deprive blacks of their constitutional rights. The Court believed that “separate but equal” was the most reasonable approach considering the social prejudices which prevailed at the time.
BROWN v. BOARD OF EDUCATION (1954)
On May 17, 1954, the United States Supreme Court handed down a landmark decision on segregation in public elementary schools. That case, which consolidated a number of matters on appeal from Kansas, South Carolina, Virginia and Delaware, was titled Brown v. Board of Education. Like in Sweatt and McLaurin, the Court here considered criteria beyond the physical facilities and other tangible assets of black and white schools. So, even if the black schools and white schools had substantially equal buildings, curricula, classroom materials, teacher qualifications and salaries, the separate schools still possibly did not offer equal educational opportunities. Turning to the effect of segregation on school children, the Court noted that to separate black children from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
In the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.
This sense of inferiority affects their motivation to learn and, thus, has a tendency to retard their educational and mental development and to deprive them of some of the benefits they would receive in a racially integrated school system. The Court then held that segregation in public schools was unconstitutional and rejected any language in Plessy that ran contrary to this. So, in this century of change, people once enslaved were unshackled and set free. People once isolated were integrated into society. People once looked down upon returned to lead. And, these leaders guided not just themselves but the entire nation to a better place. A place where people have never been freer. A place where justice has never been fairer. And, a place where the promise of America has never been finer.
ROE v. WADE (1973)
Facts:
A Texas woman sought to terminate her pregnancy. However, a Texas law made it a crime to procure or attempt an abortion except when the mother’s life would be in danger if she remained pregnant. Ms. Roe challenged the Texas law on the grounds that the law violated her right of personal liberty given in the Fourteenth Amendment and her right to privacy protected by the Bill of Rights.
Issue:
Whether state law which bans or regulates abortion violates a woman’s right to privacy or personal choice in matters of family decisions or marriage.
Opinion:
The Supreme Court of the United States decided that states could regulate abortions only in certain circumstances but otherwise women did have a right to privacy and reproductive autonomy. The Court divided a woman’s pregnancy into three time periods: 1) during the first trimester (the first three months of pregnancy), states may not interfere with a woman’s decision to have an abortion; 2) during the second trimester, states could regulate abortions, but only if such regulation was reasonably related to the mother’s health; and, 3) during the third trimester, which occurs after the fetus (unborn child) reaches viability (the stage at which it can survive outside the mother’s body), states may regulate absolutely and ban abortions altogether in order to protect the unborn child. The woman’s right to privacy was held to be a fundamental right which could only be denied if a compelling state interest existed. Once the fetus reaches a “viable” stage of development, such a compelling point is reached because the unborn child is now given constitutional protection.
Gideon v. Wainwright (1963)
Facts:
Clarence Earl Gideon was arrested in 1961, and charged with breaking and entering a pool hall with intent to commit petty larceny (a felony). He did not have enough money for a lawyer and asked that one be appointed to defend him. The judge denied the request, saying that under Florida state law, counsel can be appointed only in a capital offense. Gideon was sentenced to five years in prison. He then filed a writ of certiorari (petition of appeal) to the Supreme Court of the United States, asking for a case review. The Court granted Gideon’s request and appointed Abe Fortas to represent him.
Issue:
Whether the state of Florida violated Gideon’s Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, by not providing him with the assistance of counsel for his criminal defense.
Opinion:
The Court ruled unanimously in Gideon’s favor, and held that the Fourteenth Amendment included state as well as federal defendants. The Court said that all states must provide an attorney in all felony and capital cases for people who cannot afford one themselves. Through the Fourteenth Amendment due process clause, the Sixth Amendment guarantee of the right to counsel applies to the states. [Gideon was retried in Florida and found not guilty.]
Miranda v. Arizona (1966)
Facts:
Ernesto Miranda was convicted of rape and kidnapping. His conviction was based in part on incriminating statements he made to the police while they interrogated him. At no time during the questioning did the police inform Miranda that he did not have to talk to them or that he had the right to a lawyer when being questioned by police.
Issue"
Whether the state of Arizona violated the constitutional rights of Miranda under the Fifth, Sixth, and Fourteenth Amendments when they interrogated him without advising him of his constitutional right to remain silent.
Opinion:
The Supreme Court of the United States, in a 5-4 decision, ruled that the police were in error. The Court held that the police must inform suspects that they have the right to remain silent, that anything they say may be used against them, and that they have the right to counsel before the police may begin to question those held in custody.
[Miranda established the “Miranda Warning” which police now use prior to interrogation of persons arrested.]
Furman v. Georgia (1972)
Facts:
William Henry Furman, a 26 year old African American, attempted to burglarize a home in Georgia. When the homeowner awoke and attempted to stop him, Mr. Furman tried to escape. He tripped and dropped his gun, which went off, killing the homeowner. At the trial, Mr. Furman was found guilty of murder, despite a claim of mental incompetence. Under Georgia statute, the jury had the option of recommending the death penalty or life imprisonment. Mr. Furman was sentenced to death. His lawyer argued the Georgian death penalty law was excessively cruel and: (1) made rehabilitation impossible; (2) imprisonment was an available alternative; and (3) the death penalty was imposed almost exclusively on poor people and black persons.
Issue:
Whether Mr. Furman’s death sentence was a violation of the Eighth Amendment’s Cruel and Unusual Punishment Clause and the Equal Protection and Due Process Clause of the Fourteenth Amendment.
Opinion:
In a 5-4 decision the Supreme Court of the United States struck down all existing state death penalty laws. The justices reasoned these death penalty laws left almost unlimited discretion to the judges or juries in deciding the sentence. The majority of the justices agreed that almost all those convicted in capital trials were black or poor or both, which they found “capriciously selective.” The Court did not declare capital punishment a violation of the Eighth Amendment’s “Cruel and Unusual Punishment” clause. Instead, it declared the existing death penalty laws violated the due process clause of the Fourteenth Amendment.
Monday, December 1, 2008
Executive Branch part 3
- Secretary of Health and Human Services: Advises the President on health, and welfare, The Department of Health and Human Services is the Cabinet-level department of the Federal executive branch most involved with the Nation's human concerns. In one way or another, it touches the lives of more Americans than any other Federal agency. It is literally a department of people serving people, from newborn infants to persons requiring health services to our most elderly citizens. The Center for Disease Control is one important faction of this department. The Secretary of Health and Human Services is Michael Leavitt.
-Department of Housing and Urban Development: The principal Federal agency responsible for programs concerned with the Nation's housing needs, and fair housing opportunities. The Department of Housing and Urban Development was created to: administer the principal programs that provide assistance for housing and for the development of communities, encourage the solution of housing and community development problems through States and localities; and encourage the maximum contributions that may be made by vigorous private homebuilding and mortgage lending industries. The Secretary of HUD is Steve Preston.
-Secretary of Transportation: The principal adviser to the President in all matters relating to Federal transportation programs. The U.S. Department of Transportation establishes the Nation's overall transportation policy. Under its umbrella there are 10 administrations whose jurisdictions include highway planning, development, and construction; urban mass transit; railroads; aviation; and the safety of waterways, ports, highways, and oil and gas pipelines. The Secretary of Transportation is Mary Peters.
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-Secretary of Energy: Decides major energy policy and planning issues; acts as the principal spokesperson for the Department of Energy, and ensures the effective communication and working relationships with Federal, State, local, and tribal governments and the public. The Secretary is the principal adviser to the President on energy policies, plans, and programs. The Secretary of the Energy is Samuel Bodman.
-Secretary of Education: Advises the President on education plans, policies, and programs of the Federal Government and serves as the chief executive officer of the Department of Education. He coordinates and oversees all Department activities, provides support and encouragement to States and localities on matters related to education, and focuses the resources of the Department and the attention of the country on ensuring equal access to education by promoting educational excellence throughout the Nation. The Secretary of Education is Margaret Spellings.
-Secretary of Veterans Affairs: Reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department of Veteran’s Affairs. The Department of Veterans Affairs operates programs to benefit veterans and members of their families. Benefits include compensation payments for disabilities or death related to military service; pensions; education and rehabilitation; home loan guaranty; burial; and a medical care program incorporating nursing homes, clinics, and medical centers. The Department is comprised of three organizations that administer veterans programs: the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. The Secretary of Veterans Affairs is Dr. James Peake.
-Secretary of Homeland Security: Works to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage from potential attacks and natural disasters. The Secretary of Homeland Security is Michael Chertoff.
-Department of Housing and Urban Development: The principal Federal agency responsible for programs concerned with the Nation's housing needs, and fair housing opportunities. The Department of Housing and Urban Development was created to: administer the principal programs that provide assistance for housing and for the development of communities, encourage the solution of housing and community development problems through States and localities; and encourage the maximum contributions that may be made by vigorous private homebuilding and mortgage lending industries. The Secretary of HUD is Steve Preston.
-Secretary of Transportation: The principal adviser to the President in all matters relating to Federal transportation programs. The U.S. Department of Transportation establishes the Nation's overall transportation policy. Under its umbrella there are 10 administrations whose jurisdictions include highway planning, development, and construction; urban mass transit; railroads; aviation; and the safety of waterways, ports, highways, and oil and gas pipelines. The Secretary of Transportation is Mary Peters.
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-Secretary of Energy: Decides major energy policy and planning issues; acts as the principal spokesperson for the Department of Energy, and ensures the effective communication and working relationships with Federal, State, local, and tribal governments and the public. The Secretary is the principal adviser to the President on energy policies, plans, and programs. The Secretary of the Energy is Samuel Bodman.
-Secretary of Education: Advises the President on education plans, policies, and programs of the Federal Government and serves as the chief executive officer of the Department of Education. He coordinates and oversees all Department activities, provides support and encouragement to States and localities on matters related to education, and focuses the resources of the Department and the attention of the country on ensuring equal access to education by promoting educational excellence throughout the Nation. The Secretary of Education is Margaret Spellings.
-Secretary of Veterans Affairs: Reports directly to the President and is responsible for the direction and supervision of all operations and activities of the Department of Veteran’s Affairs. The Department of Veterans Affairs operates programs to benefit veterans and members of their families. Benefits include compensation payments for disabilities or death related to military service; pensions; education and rehabilitation; home loan guaranty; burial; and a medical care program incorporating nursing homes, clinics, and medical centers. The Department is comprised of three organizations that administer veterans programs: the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. The Secretary of Veterans Affairs is Dr. James Peake.
-Secretary of Homeland Security: Works to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage from potential attacks and natural disasters. The Secretary of Homeland Security is Michael Chertoff.
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