constitutional law 101 2013 legal quadrivium linda jean carpenter, ph.d., j.d

Constitutional Law 101

2013 Legal QuadriviumLinda Jean Carpenter, Ph.D., J.D.

In the beginning . . .

Executive

Legislature

Judiciary

In the beginning . . .

Judiciary

Article

3

In the beginning . . .

Judiciary

October . . . by statute

End of July. . . by

custom

In the beginning . . .

JudiciaryCourtroom 82 by 91 feet

In the beginning . . .

JudiciaryCourtroom 82 by 91 feet

Completed in 1935

In the beginning . . .

JudiciaryCourtroom 82 by 91 feet

Completed in 1935

Cost:9 million

9 on the Court

9 on the Court

. . . since 1869 by statute

9 on the Court

8 Associate Justices +1 Chief Justice

9 on the Court

. . . since 1869 by statute

Court packing

I’ll take it to the Supreme Court !

You think so???

Original Jurisdiction

Original JurisdictionAppellate Jurisdiction

9000 casesAppellate Jurisdiction

100 decisions

9 on the Court

4 to hear

9 on the Court

4 to hear

Writ of certiorari

9 on the Court

4 to hear

RecusalIllness

Vacancy

6 to decide

Tick Tock Tick Tock

•Arguing a case

Judgment Day

Opinions

Judgment Day

Opinions

Majority 1+1+1+1+1 . . .

Judgment Day

Opinions

Majority

Concurring

Judgment Day

Opinions

Majority

Concurring

1+1+1+1+1 . . .

Judgment Day

Opinions

Dissenting

State Actor

Non-State Actor

Who has to honor yourConstitutional rights?

Who has to honor yourConstitutional rights?

State Actor

YesNon-State

Actor

No

Standards of Review

Mild Scrutiny‘rationally related to a

legitimate state interest’

Standards of Review

Strict Scrutiny‘necessary to accomplish

acompelling state

interest’

Standards of Review

Mild ScrutinyNebulous middle level Strict Scrutiny

Standards of Review

Strict Scrutiny‘necessary to accomplish

acompelling state

interest’Fundamental rightsSuspect classifications

Sources of Most Issues

•Amendments to the

Constitution

Public School Penguin Pickleball Team Tryouts

Public School Penguin Pickleball Team Tryouts

No Small Gray Penguins Allowed

Public School Penguin Pickleball Team Tryouts

No Small Gray Penguins Allowed

State Actor?Constitutional Issue?Suspect Class?Scrutiny?

Constitutional Law 101

2012 Legal QuadriviumLinda Jean Carpenter, Ph.D., J.D.