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What are the Institutions of Government?
- -Supreme Court
What does the Supreme Court do?
- -Act as "referees" to interpret the constitiutions and determine whether or not the rules are being broken
- -Make sure all laws are in harmony with the Constitiution.
- -Ensures we stay Constitutional Republic
United States Supreme Court is?
The Third Branch of Government
Information on the Justices of the Supreme Court
- -9 justices
- -serve for life ("Good Behavoire")
- -appointed by the president, but the Senate can "advise and consent" (Checks and Balances)
- -Tend to be lawyers, judges in other courts, "people of significant intellectual gift", but not necessarilly have to be.
Expalin the Dual Court System?
- -Murder and Traffic Tickets
- -starts in Ordinary Court, then to Court of Appeals, then to State Supreme Court.
- -Tamper with mail, violation of federal law and Drug Trafficing
- - 100 districts, Court of Appeals ( Circut Courts 12), then to Supreme.
What is the Supreme Court?
- An Appeallate Court
- -99% Appellate
Information on Appeals
- -Begin in State Supreme Court or Court of Appeals
- -Orginal-Goes to first ruling
- -Appellate- appeal to this court
Information about Appealling in the Supreme Court
- -Appealing is not automatic
- -10,000 cases are appealed to the Supreme court and they only agree to hear about 75.
- -Look to see if a government action violates and indidvidials rights in order to determine what cases to hear.
What is Certiorari?
- In order for the supreme court to hear a case must issue this/ must grant (Sent Records)
- -In order to grant Certiorari 4 out of 9 justices have to vote to grant certiorari. (Rule of 4)-all done by clerks
- -In order to overturn must have 5 justics
- -When they agree to take a case it usually means they disagree with the ruling of the lower court.
What supreme Court Case established judicial review?
Mardbury vs. Madison
What is judical review?
If the constitution is the Suprme law of the land all other laws including those of the states must abide by the constitution and it is up the the cout to make sure of this.
What are civil liberties?
- Rights that protect us (the public), from governemtn action. (Difference in government and private) (oblige to control itself)
- Constitutional rights that protect citizens from government action are: 1, 2, 4, 5,6,7,8 (Can be left out: Civil rights are fudmentally about first Amendment.
- "With liberty"
What are civil rights?
- Rigts of all Americans to eaual treatment under law.
- Rights to all Americans to equal treatment under law: 14 (fudementally about 14th Amendement) "justice for all"
The First Amendment
- Protect from government action (Allows the goverment to oblige and cotrol itself)
- -3 parts of the 1st Amendment
- -religion: has two parts: Free Exercise (government can not control religon and belief to an extent can not perform illegal acts); Establsihment (Government can not establish offical religion of the country) "Congress shall make no law respectinn an establishment of religion"
- There should be no religous test for public office
- This is the only time relgion is mentioned in the Constitution.
What are the 2nd, 4th, and 5th Amendments?
- 2nd: Right to bear arms
- 4th: Unlawful Search and Seizure
- -Evidence obtained from unlawful search can not be used.
- -Implies right to privacy (Roe vs. Wade)
- 5th: Right not to incriminate oneself.
CERTIORARI (KNOW HOW TO SPELL)