ch. 11 focus 1 (p. 305-317) how does federal court jurisdiction differ from state court...

Ch. 11 Focus 1 (p. 305-317)

How does federal court jurisdiction differ How does federal court jurisdiction differ from state court jurisdiction?from state court jurisdiction?

How do Supreme Court decisions reflect the How do Supreme Court decisions reflect the attempts of the justices to meet changing attempts of the justices to meet changing social conditions?social conditions?

How do constitutional courts and legislative How do constitutional courts and legislative courts differ in their jurisdiction?courts differ in their jurisdiction?

How are federal court justices chosen?How are federal court justices chosen?

Ch. 11 Focus 2 (p. 320-326)

Why does the Supreme Court hear very few Why does the Supreme Court hear very few cases under its original jurisdiction?cases under its original jurisdiction?

What political influences affect the What political influences affect the selection of Supreme Court justices?selection of Supreme Court justices?

Why are persons who are nominated as Why are persons who are nominated as Supreme Court justices under intense Supreme Court justices under intense scrutiny?scrutiny?

Ch. 12 Focus 1 (p. 331-341) By what route do most cases from other courts By what route do most cases from other courts

reach the Supreme Court?reach the Supreme Court? What are the main steps the Supreme Court takes What are the main steps the Supreme Court takes

in deciding cases?in deciding cases? Does the Court’s use of judicial review give it too Does the Court’s use of judicial review give it too

much power compared to that of the president much power compared to that of the president and Congress?and Congress?

By what means is the Supreme Court limited in By what means is the Supreme Court limited in its power?its power?

Ch. 12 Focus 2 (p. 343-348)

How do relationships between the justices How do relationships between the justices affect the Supreme Court?affect the Supreme Court?

What are the various external influences What are the various external influences on Supreme Court decisions?on Supreme Court decisions?

How does the power of Congress over the How does the power of Congress over the Supreme Court affect public policy?Supreme Court affect public policy?

AP Ch. 16 Focus 1 (pp. 503-537)

How does federal court jurisdiction differ How does federal court jurisdiction differ from state court jurisdiction?from state court jurisdiction?

How do Supreme Court decisions reflect the How do Supreme Court decisions reflect the attempts of the justices to meet changing attempts of the justices to meet changing social conditions?social conditions?

How do constitutional courts and legislative How do constitutional courts and legislative courts differ in their jurisdiction?courts differ in their jurisdiction?

How are federal court justices chosen?How are federal court justices chosen?

AP Ch. 17 Focus 2 (pp. 503-537)

Why does the Supreme Court hear very few Why does the Supreme Court hear very few cases under its original jurisdiction?cases under its original jurisdiction?

What political influences affect the What political influences affect the selection of Supreme Court justices?selection of Supreme Court justices?

Why are persons who are nominated as Why are persons who are nominated as Supreme Court justices under intense Supreme Court justices under intense scrutiny?scrutiny?

AP Ch. 17 Focus 3 (pp. 503-537) By what route do most cases from other courts By what route do most cases from other courts

reach the Supreme Court?reach the Supreme Court? What are the main steps the Supreme Court takes What are the main steps the Supreme Court takes

in deciding cases?in deciding cases? Does the Court’s use of judicial review give it too Does the Court’s use of judicial review give it too

much power compared to that of the president much power compared to that of the president and Congress?and Congress?

By what means is the Supreme Court limited in By what means is the Supreme Court limited in its power?its power?

AP Unit 7 (due Apr. 26): Reading: CH 16 (503-537 in green book)Reading: CH 16 (503-537 in green book) Unit writing:Unit writing:

Research paper: research and summarize Research paper: research and summarize any supreme court case that you find any supreme court case that you find most fascinating.most fascinating.Cover how each justice involved voted Cover how each justice involved voted

any comment upon why.any comment upon why.Give your opinion and compare it with Give your opinion and compare it with

that of the justices and/or the final that of the justices and/or the final verdict.verdict.

JUDICIAL BRANCHJUDICIAL BRANCH

FEDERAL COURT SYSTEMFEDERAL COURT SYSTEM

Article III: created Article III: created Supreme CourtSupreme Court

Left it to Congress to create Left it to Congress to create lower federal courtslower federal courts


2 types of courts2 types of courtsConstitutional CourtsConstitutional Courts: :

judicial power of the US, judicial power of the US, criminal/civilcriminal/civil

Special courtsSpecial courts: specific : specific purposes (tax courts)purposes (tax courts)


JurisdictionJurisdiction: authority to : authority to try federal cases belongs to try federal cases belongs to federal courtsfederal courts

Federal courts-Federal courts-exclusive exclusive jurisdictionjurisdiction over cases that over cases that may only belong to themmay only belong to them


Concurrent jurisdictionConcurrent jurisdiction: : cases that may be tried by cases that may be tried by either state or federal either state or federal courtscourts

Cases involvingCases involving residents of residents of different statesdifferent states

Concurrent JurisdictionPlaintiffPlaintiff (person filing case) (person filing case)

chooses federal or state chooses federal or state courtcourt

DefendantDefendant (accused) may (accused) may be able to move it from be able to move it from state to federal courtstate to federal court


Court that first hears a Court that first hears a case: case: original jurisdictionoriginal jurisdiction

Court that reviews case on Court that reviews case on appeal: appeal: appellate appellate jurisdictionjurisdiction


Federal judges: appointed Federal judges: appointed by Presby Pres

Confirmed by SenateConfirmed by SenateLifetime terms; can only be Lifetime terms; can only be

removed by impeachmentremoved by impeachment

INFERIOR COURTSINFERIOR COURTSHandle most of casesHandle most of casesEach state, DC, PR, has at Each state, DC, PR, has at

least one federal district courtleast one federal district courtClosest Federal Courthouse: Closest Federal Courthouse:

Downtown HoustonDowntown Houston

INFERIOR COURTSINFERIOR COURTS94 US district courts-94 US district courts-

original jurisdiction over original jurisdiction over most federal criminal and most federal criminal and civil casescivil cases

Federal Federal criminal casecriminal case: : violation of federal law onlyviolation of federal law only

INFERIOR COURTSINFERIOR COURTSFederal Federal civil casecivil case: :

noncriminal matter noncriminal matter (contract dispute)(contract dispute)

INFERIOR COURTSINFERIOR COURTSCongress created courts of Congress created courts of

appeals when Supreme appeals when Supreme Court’s Court’s docketdocket grew too big grew too big

12 courts of appeals, 179 12 courts of appeals, 179 circuit judges/1 Supremecircuit judges/1 Supreme Court justice assigned to eachCourt justice assigned to each

INFERIOR COURTSINFERIOR COURTSUS Court of International US Court of International

TradeTrade: civil cases involving : civil cases involving trade lawtrade law

Court of Appeals for the Court of Appeals for the Federal CircuitFederal Circuit: speed up : speed up appeals in some civil casesappeals in some civil cases

SUPREME COURTSUPREME COURT

SUPREME COURTSUPREME COURT9 Justices; 1 Chief Justice 9 Justices; 1 Chief Justice

and 8 associate justicesand 8 associate justicesFinal authority in any Final authority in any

federal law casefederal law casePower of Power of judicial reviewjudicial review

SUPREME COURTSUPREME COURTDecides constitutionality of Decides constitutionality of

lawlawMarbury v Madison (1803)Marbury v Madison (1803): :

doctrine established by doctrine established by Chief Justice MarshallChief Justice Marshall

SUPREME COURTSUPREME COURTBoth original and appellate Both original and appellate

jurisdictionjurisdictionMost cases on appealMost cases on appealOriginal jurisdiction when Original jurisdiction when

State or diplomat is involvedState or diplomat is involved

SUPREME COURTSUPREME COURT100 cases per year avg100 cases per year avgWrit of certiorariWrit of certiorari: order : order

to lower court to send to lower court to send up case for record up case for record reviewreview

SUPREME COURTSUPREME COURTCertificateCertificate: lower court : lower court

requests Supremes to requests Supremes to certify answer to question certify answer to question in casein case

SUPREME COURTSUPREME COURTEach side sends Court a Each side sends Court a

briefbrief: detailed report : detailed report supporting its sidesupporting its side

Both sides present oral Both sides present oral argumentsarguments

SUPREME COURTSUPREME COURTJustices vote on case: Justices vote on case:

winning side writes winning side writes majority majority opinionopinion; sometimes ; sometimes concurrent opinionconcurrent opinion issued too issued too

Losing side writes Losing side writes dissenting dissenting opinionopinion

SUPREME COURTSUPREME COURTCourt decisions stand as Court decisions stand as

precedentprecedent: example for : example for future inferior court casesfuture inferior court cases

SPECIAL COURTSSPECIAL COURTSNarrow jurisdiction; also Narrow jurisdiction; also

called legislative courtscalled legislative courtsConnected to expressed Connected to expressed

power of Congresspower of Congress

SPECIAL COURTSSPECIAL COURTSUS cannot be sued unless US cannot be sued unless

Congress gives plaintiff Congress gives plaintiff permissionpermission

Court of Federal ClaimsCourt of Federal Claims: : hear cases suing Federal hear cases suing Federal GvtGvt

SPECIAL COURTSSPECIAL COURTSTerritorial CourtsTerritorial Courts: judge : judge

cases in US territories (PR, cases in US territories (PR, Guam, Virgin Is)Guam, Virgin Is)

DC has separate court DC has separate court systemsystem

SPECIAL COURTSSPECIAL COURTSCourt of Appeals for the Armed Court of Appeals for the Armed

ForcesForces: civilian tribunal: civilian tribunalReviews cases of courts-Reviews cases of courts-

martialmartialUniversal Code of Military Universal Code of Military

JusticeJustice-UCMJ-UCMJ

SPECIAL COURTSSPECIAL COURTSCourt of Appeals for Court of Appeals for

Veterans ClaimsVeterans Claims: veterans’ : veterans’ benefitsbenefits

Tax CourtTax Court: brought by IRS : brought by IRS or treasury Dept (guilty or treasury Dept (guilty until proven innocent)until proven innocent)

STOP 1

11STST AMENDMENT AMENDMENT

FIRST AMENDMENTFIRST AMENDMENTDeclaration: Declaration: unalienable unalienable

rightsrightsImplied in ConstitutionImplied in ConstitutionLife, liberty, pursuit of Life, liberty, pursuit of

happinesshappiness

FIRST AMENDMENTFIRST AMENDMENTBill of RightsBill of Rights: 1: 1stst ten ten

amendmentsamendmentsCivil libertiesCivil liberties: protections : protections

against gvt actsagainst gvt actsCivil rightsCivil rights: positive acts of : positive acts of

gvt to uphold Constitutiongvt to uphold Constitution

FIRST AMENDMENTFIRST AMENDMENTAmericans do not have total Americans do not have total

freedomfreedomFreedom stops when you Freedom stops when you

infringe on others’ rightsinfringe on others’ rightsMost rights : all people Most rights : all people

living in US, incl living in US, incl aliensaliens

FIRST AMENDMENTFIRST AMENDMENTBill of Rights: applies only Bill of Rights: applies only

to federal gvtto federal gvt1414thth Amendment Amendment Due Due

Process ClauseProcess Clause: forces : forces states to guarantee Bill of states to guarantee Bill of RightsRights

FIRST AMENDMENTFIRST AMENDMENTSupreme Court decisions: Supreme Court decisions:

process of incorporationprocess of incorporation includes Bill of Rights in includes Bill of Rights in Due Process ClauseDue Process Clause

FREEDOM OF RELIGIONFREEDOM OF RELIGION

Two parts: Two parts: Establishment Establishment ClauseClause and and Free Exercise Free Exercise ClauseClause

Guaranteed by Due Process Guaranteed by Due Process Clause, 14Clause, 14thth Amendment Amendment

ESTABLISHMENT CLAUSEESTABLISHMENT CLAUSE

No law respecting the No law respecting the establishment of religionestablishment of religion

Prohibits state sponsored churchProhibits state sponsored churchJefferson Ltr: “wall of Jefferson Ltr: “wall of

separation between church and separation between church and state”state”

ESTABLISHMENT CLAUSEESTABLISHMENT CLAUSE

Nature and size of “wall” Nature and size of “wall” changes in historychanges in history

Religion in public schools-Religion in public schools-many court cases; schools many court cases; schools can’t sponsor religious can’t sponsor religious eventsevents

FREE EXERCISE CLAUSEFREE EXERCISE CLAUSE

No law prohibiting free No law prohibiting free exercise of religionexercise of religion

Example: Maryland colonyExample: Maryland colonyMay not break laws or May not break laws or

harm others in religious harm others in religious practicespractices

St Mary’s City, Md

STOP 2STOP 2

11STST AMENDMENT AMENDMENT RIGHTSRIGHTS

FREEDOM OF SPEECH FREEDOM OF SPEECH AND PRESSAND PRESS

Speak freely and hear what Speak freely and hear what others sayothers say

No right to No right to libellibel (printed (printed word) or word) or slanderslander (spoken): (spoken): false and malicious use of false and malicious use of wordswords


SeditionSedition: crime, attempting : crime, attempting to overthrow gvt violentlyto overthrow gvt violently

SeditiousSeditious speech not speech not protectedprotected

Obscenity not protectedObscenity not protected


NOTNOT absolute: absolute: doesn’t protect doesn’t protect yelling “Fire!” yelling “Fire!” in a crowded in a crowded theater theater (Holmes)(Holmes)


Media are regulated: Media are regulated: reporters do NOT have reporters do NOT have right to keep sources secretright to keep sources secret

States: shield laws give States: shield laws give reporters some protectionreporters some protection


TV, radio: regulated use of TV, radio: regulated use of public airwayspublic airways

Symbolic speech: Symbolic speech: communicating ideas by communicating ideas by conduct, generally conduct, generally protectedprotected

Freedom of the PressFreedom of the Press


PicketingPicketing protected when protected when peacefulpeaceful

Except inExcept in front of abortion front of abortion clinicsclinics

War ProtestsWar Protests

FREEDOM OF ASSEMBLY FREEDOM OF ASSEMBLY AND PETITIONAND PETITION

Assembly: gather in groups Assembly: gather in groups to share opinions, influence to share opinions, influence public policy, sing “Kum public policy, sing “Kum Ba Yah”Ba Yah”

Petitions, demonstrations, Petitions, demonstrations, adsads


Demonstrations: peacefulDemonstrations: peacefulCan’t block streets, close Can’t block streets, close

schools, endanger life, liberty, schools, endanger life, liberty, public orderpublic order

Gvt MAY make rules: must be Gvt MAY make rules: must be reasonable and reasonable and content neutralcontent neutral


Demonstrations occur on Demonstrations occur on public property for publicitypublic property for publicity

No federal right to No federal right to demonstrate on private demonstrate on private property (some states allow itproperty (some states allow it))

NAZIs In Skokie Il., 1976


Guarantee of associationGuarantee of association: : right to be with others to right to be with others to promote political, social, promote political, social, economic causeseconomic causes

DUE PROCESS OF LAWDUE PROCESS OF LAW


55thth Amendment Amendment: gvt cannot : gvt cannot deprive citizen of “life, deprive citizen of “life, liberty, or property without liberty, or property without due process of law”due process of law”

1414thth: extended to state gvt: extended to state gvt


Due processDue process: gvt must act : gvt must act fairly and IAW established fairly and IAW established rules, proceduresrules, procedures

Procedural due processProcedural due process: gvt : gvt actionsactions must be fair must be fair

DUE PROCESS OF LAWDUE PROCESS OF LAWSubstantive due processSubstantive due process: :

lawslaws must be fair must be fairStates have responsibility States have responsibility

& power to promote public & power to promote public health, safety, morals, well-health, safety, morals, well-being-being-Police PowerPolice Power

DUE PROCESS OF LAWDUE PROCESS OF LAWStates may NOT use police States may NOT use police

power in violation of due power in violation of due processprocess

Police power vs due process: Police power vs due process: courts balance needs of courts balance needs of society vs individual rightssociety vs individual rights


Example: Supreme Court Example: Supreme Court supported police officer supported police officer ordered blood test for ordered blood test for drunk driver even w/o drunk driver even w/o search warrantsearch warrant


Due processDue process: “the right to : “the right to be free from unwanted be free from unwanted governmental intrusions governmental intrusions into one’s privacy”into one’s privacy”

STOP 3STOP 3

FREEDOM AND SECURITY FREEDOM AND SECURITY OF THE PERSONOF THE PERSON

1313thth Amendment Amendment, 1865: ends , 1865: ends slavery (slavery (involuntary involuntary servitudeservitude), or forced labor ), or forced labor w/o due processw/o due process

Supreme Court Decisions: Supreme Court Decisions: covers covers racial discriminationracial discrimination


Security AmendmentsSecurity Amendments22ndnd: Keep and bear arms: Keep and bear arms33rdrd: Quartering of soldiers: Quartering of soldiers44thth Illegal search and seizure Illegal search and seizure1313thth: Abolition of slavery: Abolition of slavery


22ndnd Amendment: Right to Amendment: Right to keep and bear armskeep and bear arms

Hot argument: purpose of Hot argument: purpose of this amendment this amendment

Two general interpretationsTwo general interpretations

RIGHT TO BEAR ARMSRIGHT TO BEAR ARMS1. Citizens need sidearms 1. Citizens need sidearms

so the states can field well-so the states can field well-regulated militiaregulated militia

Strict reading of Strict reading of amendment supports this amendment supports this viewview

RIGHT TO BEAR ARMSRIGHT TO BEAR ARMS

Since National Guard is Since National Guard is now state militia force, 2now state militia force, 2ndnd Amendment no longer Amendment no longer applies (outdated)applies (outdated)

RIGHT TO BEAR ARMSRIGHT TO BEAR ARMS

States and Feds restrict, States and Feds restrict, outlaw some weapons, outlaw some weapons, register othersregister others

RIGHT TO BEAR ARMSRIGHT TO BEAR ARMS2. Right to keep and bear 2. Right to keep and bear

arms was an English traditionarms was an English traditionProtect yourself from Protect yourself from

invaders, tyrantsinvaders, tyrantsUnderstood by Framers as Understood by Framers as

suchsuch

33RDRD AMENDMENT AMENDMENTOutlaws forcible Outlaws forcible

quartering of soldiers in quartering of soldiers in private homesprivate homes

Outdated now-issue before Outdated now-issue before American RevolutionAmerican Revolution

44THTH AMENDMENT AMENDMENTCovers searching persons Covers searching persons

and their propertyand their propertyPolice must have Police must have probable probable

causecause (reasonable suspicion (reasonable suspicion of crime) to obtain of crime) to obtain search search warrantwarrant

Searching Peterson House Searching Peterson House 2/18/032/18/03

44THTH AMENDMENT AMENDMENTGuards against Guards against writs of writs of

assistanceassistance: blanket search : blanket search warrantswarrants

Exclusionary RuleExclusionary Rule: illegally : illegally obtained evidence cannot obtained evidence cannot be usedbe used

44THTH AMENDMENT AMENDMENTProbable CauseProbable Cause: definition : definition

changes through time by changes through time by court decisionscourt decisions

RIGHTS OF THE ACCUSEDRIGHTS OF THE ACCUSED

55thth Amendment Amendment: criminal : criminal proceedings, due process, proceedings, due process, self incriminationself incrimination

66thth Amendment Amendment: criminal : criminal proceedingsproceedings


Writ of habeas corpusWrit of habeas corpus: : court order forces police to court order forces police to press charges or releasepress charges or release

ProhibitsProhibits bill of attainderbill of attainder (punishment w/o trial)(punishment w/o trial)


Prohibits Prohibits ex post facto lawex post facto law: : law passed law passed afterafter the crime the crime committedcommitted

Grand juryGrand jury: decides if : decides if defendant can be accused defendant can be accused of serious crimeof serious crime


Prosecutor presents grand Prosecutor presents grand jury with jury with indictmentindictment: : formal complaintformal complaint

Grand jury either approves Grand jury either approves indictment or rejects, and indictment or rejects, and charges are droppedcharges are dropped


No No double jeopardydouble jeopardy-tried for -tried for the same crime twicethe same crime twice

Speedy and public trial by Speedy and public trial by jury w/counseljury w/counsel

Defendant can request Defendant can request bench trialbench trial: judge only: judge only


Protection against self-Protection against self-incrimination (being witness incrimination (being witness against yourself): 5against yourself): 5thth AmendmentAmendment

Miranda RuleMiranda Rule: no confessions : no confessions unless list of rights read and unless list of rights read and understoodunderstood

STOP 4STOP 4

PUNISHMENTPUNISHMENT55thth, 6, 6thth, 8, 8thth Amendments AmendmentsProhibits excessive or Prohibits excessive or

unreasonably high bailunreasonably high bailBailBail: “deposit” money to : “deposit” money to

ensure you’ll appear in ensure you’ll appear in courtcourt

PUNISHMENTPUNISHMENTBail: if you do not show up Bail: if you do not show up

in court in court ON TIMEON TIME, you , you lose your bail moneylose your bail money

Jumping bail: bail bond Jumping bail: bail bond company will send out PI to company will send out PI to find youfind you

PUNISHMENTPUNISHMENTSome Some preventive detentionpreventive detention

allowed: people accused of allowed: people accused of committing serious federal committing serious federal crimescrimes

Reason: may commit Reason: may commit moremore crimescrimes

PUNISHMENTPUNISHMENTCapital punishmentCapital punishment allowed: allowed:

gvt may take “life, liberty, gvt may take “life, liberty, or property” if due process or property” if due process followed, applied fairlyfollowed, applied fairly

Cruel Cruel ANDAND unusual unusual punishment prohibitedpunishment prohibited

PUNISHMENTPUNISHMENTNOTNOT allowed: beheading, allowed: beheading,

burning at the stake, burning at the stake, crucifixion (cruel and crucifixion (cruel and unusual)unusual)

AllowedAllowed: lethal injection : lethal injection (cruel, but not unusual)(cruel, but not unusual)

PUNISHMENTPUNISHMENTTreason: only crime Treason: only crime

defined in Constitutiondefined in ConstitutionTyrants use it to eliminate Tyrants use it to eliminate

political oppositionpolitical opposition

Benedict Arnold

John Walker Lindh, Taliban Fighter, Traitor

PUNISHMENTPUNISHMENTTreasonTreason::1. Making war against USA1. Making war against USA2. Aiding enemies of USA2. Aiding enemies of USA

STOPSTOP

CIVIL RIGHTSCIVIL RIGHTS

CIVIL RIGHTSCIVIL RIGHTSUSA is USA is heterogeneousheterogeneous: :

people of many different people of many different backgroundsbackgrounds

Ex: Spain, Africa, Germany, Ex: Spain, Africa, Germany, England, India (“White” is England, India (“White” is NOTNOT an ethnic group) an ethnic group)

CIVIL RIGHTSCIVIL RIGHTSWaves of immigrants Waves of immigrants

throughout history throughout history constantly change mixconstantly change mix

Some political refugees, Some political refugees, some want better economic some want better economic life, religious freedomlife, religious freedom

ELLIS ISLAND, NYELLIS ISLAND, NY

CIVIL RIGHTSCIVIL RIGHTSAssimilationAssimilation: people of one : people of one

culture merge into anotherculture merge into anotherSome merge more readily Some merge more readily

than others in historythan others in historyPeriodic waves of nativismPeriodic waves of nativism

CIVIL RIGHTSCIVIL RIGHTSPostbellum (after Civil Postbellum (after Civil

War): segregation enforced War): segregation enforced by by Jim Crow LawsJim Crow Laws

1896, 1896, Plessy v FergusonPlessy v Ferguson: : separate but equalseparate but equal

Lynching in late 1800sLynching in late 1800s

CIVIL RIGHTSCIVIL RIGHTS1954, 1954, Brown v Board of Brown v Board of

Education TopekaEducation Topeka: struck down : struck down “separate but equal”“separate but equal”

IntegrationIntegration begins beginsCivil Rights Act 1964Civil Rights Act 1964: no federal : no federal

funding for segregated schoolsfunding for segregated schools

CIVIL RIGHTSCIVIL RIGHTS1970, 1970, de jurede jure segregation in segregation in

schools outlawed (by law)schools outlawed (by law)De factoDe facto segregation still segregation still

existed in all regions, not existed in all regions, not just Southjust South

CIVIL RIGHTSCIVIL RIGHTSForced busing: major Forced busing: major

disasterdisasterWhy did some schools Why did some schools

remain segregated?remain segregated?Schools reflect makeup of Schools reflect makeup of

communitycommunity

CIVIL RIGHTSCIVIL RIGHTSFew civil rights laws 1870s-Few civil rights laws 1870s-

1950s1950sCivil Rights Act of 1964Civil Rights Act of 1964: :

everyone free to use public everyone free to use public accommodationsaccommodations

CIVIL RIGHTSCIVIL RIGHTS1964: prohibited 1964: prohibited

discrimination in federally discrimination in federally funded programfunded program

Civil Rights Act 1968Civil Rights Act 1968: no : no discrimination discrimination selling/leasing housingselling/leasing housing

CIVIL RIGHTSCIVIL RIGHTS1960s-1970s: racial quotas, 1960s-1970s: racial quotas,

affirmative actionaffirmative actionCreates discrimination Creates discrimination

against othersagainst othersOverturned in Texas-keep Overturned in Texas-keep

tuned!tuned!


Current issue in courts, Current issue in courts, Congress: Congress: racial quotas, racial quotas, affirmative action: affirmative action: favors favors some minorities and some minorities and women over whites, males, women over whites, males, and other minoritiesand other minorities


Basic issue: can we END Basic issue: can we END discrimination by adopting a discrimination by adopting a policy of discrimination?policy of discrimination?

Texas solution (colleges): top Texas solution (colleges): top 10% of HS graduates 10% of HS graduates automatically accepted upon automatically accepted upon applicationapplication

CITIZENSHIPCITIZENSHIPCitizens: owe loyalty to Citizens: owe loyalty to

USA, receive its protectionUSA, receive its protectionBorn in the USA: Born in the USA: jus solijus soliBorn of American parent: Born of American parent:

jus sanguinisjus sanguinis

CITIZENSHIPCITIZENSHIPAliens may become citizens Aliens may become citizens

through naturalizationthrough naturalizationUnder Congress’ control, Under Congress’ control,

not statenot state

CITIZENSHIPCITIZENSHIPCongress can place and Congress can place and

remove immigration remove immigration restrictionsrestrictions

Aliens may be deported Aliens may be deported based on noncompliance based on noncompliance with these lawswith these laws

CITIZENSHIPCITIZENSHIPGiving up citizenship: Giving up citizenship:

expatriationexpatriationNaturalized citizens may Naturalized citizens may

lose citizenship due to lose citizenship due to fraud: fraud: denaturalizationdenaturalization

REVIEWREVIEWFEDERAL COURT FEDERAL COURT

SYSTEMSYSTEMFIRST AMENDMENTFIRST AMENDMENTCIVIL LIBERTIES-DUE CIVIL LIBERTIES-DUE

PROCESSPROCESS

REVIEWREVIEWCIVIL LIBERTIES: CIVIL LIBERTIES:

EQUAL JUSTICE UNDER EQUAL JUSTICE UNDER LAWLAW

CIVIL RIGHTSCIVIL RIGHTSCITIZENSHIPCITIZENSHIP

ch. 11 focus 1 (p. 305-317) how does federal court jurisdiction differ from state court...

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