091309 gov team judiciary 50m

Welcome Gov Team! Boot up, Lids down.

Date: 09/13/09, Topic: Confirmations

Think of items to discuss.

Announcements: Wednesday Townhall at Cupertino City HallThursday, Constitution DayExecutive Officers Meeting

Gov Team Agenda1) Possible Nominee Talk Show2) 9 Justices Profiles Block: Dred Scott Moot Court + Mock

Hearing on Q1

Unit To Dos1) Submit Q1 to your unit workspace

Reminder1) 2nd Question Due Monday 9/282) Laptops Block + Friday3) Ex Officers Meeting:

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

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

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

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

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

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

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

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

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

Review1) Loose Interpretation: Interpret Constitution loosely to evolve with changing times. 2) Strict Interpretation : Stick to literal word meaning of the Constitution3) Originalism: Stick to intent of the framers/law writers.4) Judicial Activism: Court should not shy from being early in solving public controversies.5) Judicial Restraint: Court should wait until the more democratic branches exhaust resolving public controversies.

5) 3 Levels to Federal Court: Supreme Court (1)Circuit Court of Appeals (13):

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

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

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

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

7) Confirmation: Senate Judiciary Committee interviews but its whole Senate that votes (50)Filibuster: a delay tactic used by minority party

that can force confirm to need 60 votes.

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

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

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

Seth WaxmanDiane Wood

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

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

Ask opponents to prove their claims!

Notes #12a, Title: “Lecture Notes” 1) Precedent/ Stare Decisis: Make laws more

predictable, judges obligated to rule in current case as it had in similar past cases. Lower court must obey past decisions made by higher courts.

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

Notes #12a, Title: “Lecture Notes” 1) Precedent/ Stare Decisis: Make laws more

predictable, judges obligated to rule in current case as it had in similar past cases. Lower court must obey past decisions made by higher courts.

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

Notes #12a, Title: “Lecture

Notes” 2) Certiorari: D+C courts

must accept all cases, but SC can refuse to hear a case. It takes 4/9 votes for SC to accept a case Avg: 1000+ request, 100+ granted. (activist vs restraint key to how many cases get granted cert)

Notes #12a, Title: “Lecture

Notes” 2) Certiorari: D+C courts

must accept all cases, but SC can refuse to hear a case. It takes 4/9 votes for SC to accept a case Avg: 1000+ request, 100+ granted. (activist vs restraint key to how many cases get granted cert)

Gideon vWainwright

Work #12a, Title “SCOTUS Practice”Answer with a partner:1) If the 9th Circuit bans the Pledge of Allegiance, do CA district courts have to follow it?2) Does the 11th Circuit have to follow?3) Who are the 2 courts that can overturn such a decision? 4) Using precedent, craft an argument persuading a teacher to give you your cell phone back.5) Why is precedent important to a strong legal system?6) If the 9th and 11th Circuit reaches different opinions, what often happens when that occurs?7) Which courts can refuse to accept cases, what happens when they do that?

Three Kinky Southern Girls Bring Rock Stars Scandals Aplenty

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

Project 2, Title “9 Justice Profiles”Setup your unit PBWorks space (IT manages it)1) Divide the 9 justices and find out what is

their political ideology + evidence of that political ideology

3) Post your summary to your unit’s PBWorks

Between your unit, your unit must know the ideology of the 9 justices!

http://www.oyez.org/courts/roberts/robt4

Review1) Precedent/ Stare Decisis: Make laws more

predictable, judges obligated to rule in current case as it had in similar past cases. Lower court must obey past decisions made by higher courts.

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

2) Certiorari: D+C courts must accept all cases, but SC can refuse to hear a case. It takes 4/9 votes for SC to accept a case Avg: 1000+ request, 100+ granted. (activist vs restraint key to how many cases get granted cert)

ReviewDistrict (Trial) Court: Jury

determines what the facts are judge determines what the law is. Judge informs jury about the law, jury determines if facts fit.

Appellate Court (Circuit and SCOTUS): Assumed that facts correctly found by jury, so review only of how the judge interpreted the law. Can’t look at new facts.

Notes #12a, Title: “Moot Court Notes” 1) Majority Decision: Chief justice assigns

just. to write the decision will be precedent2) Concurring Decision: Justice who voted

with majority but for diff. reasons (no precedent, just persuasive on future)

3) Dissenting Decision: Justice who voted against majority (no precedent, just persuasive on future)

4) Amicus Curiae Brief: Concerned groups not involved in the case who want to persuade the justices.

5) Remand: Send case back to lower trial (district court) to reexamine the facts

Project 3, Title “Moot Court: Dred Scott”Dred Scott v. SanfordWrite these in your workbook:1) Greeting Statement2) Issue Statement3) Facts of the Case4) Legal Arguments SKIP: Possible Rebuttals 5) Closing Statement

Look up case precedent to support your case!

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

Make sure to use precedent to support your case!

Gov Team Agenda1) Possible Nominee Talk Show2) 9 Justices Profiles Block: Dred Scott Moot Court + Mock

Hearing on Q1

Unit To Dos1) Submit Q1 to your unit workspace

Reminder1) 2nd Question Due Monday 9/282) Laptops Block + Friday3) Ex Officers Meeting: