GOVERNMENT - III

THIRD SIX WEEKS

The Judicial Branch

by Doug James

 

   I.   The Federal Court System

        1.  The National Judiciary

          TEKS:2B, 9C, 9E, 9F, 11A, 21A, 21E, 22A, 22B, 22D

                t Why did the Framers see a need for a national judiciary?

                t Name two provisions that the constitution makes regarding the federal courts and their jurisdiction.

                t List the terms of office for federal judges and explain how their salaries are determined.

         2. Inferior Courts

         TEKS:9C, 9E, 21A, 21D, 21E, 22A, 22B,22D

                t Outline the structure and jurisdiction of the Federal District Courts.

                t Outline the structure and jurisdiction of the Federal Court of Appeals.

                t Outline the structure and jurisdiction of the Court of International Trade and the Court of Appeals for the Federal Circuit.

         3. The Supreme Court

         TEKS:9C, 9E, 9F, 21A, 21E, 22A, 22B, 22D

                t Why is it so important for courts to have the power of judicial review?

                t Discuss the famous court case that established the Supreme Court's right to exercise the power of judicial review. (Marbury v. Madison)

                t What kinds of jurisdiction does the Supreme Court have?

                t What is the "rule of four"?

                t If the Supreme Court decides not to hear a case, what happens to the case?

                t Describe how oral arguments are presented before the Supreme Court.

         4. The Special Courts  

         TEKS:9C, 9E, 10C, 10D, 21A, 21E, 22A, 22B

                t What are the conditions under which a citizen may sue the government in the U.S. Court of Federal Claims?

                t What are the roles of the Territorial courts and of the District of Columbia Courts?

                t Describe the functions of the Court of Appeals for the Armed Forces, the Court of Appeals for Veterans Claims and the Tax Court.

                t Explain the functions of Military Tribunals.

 II.  Civil Liberties: First Amendment Freedoms

       1.  The Unalienable Rights

        TEKS:1A, 2A, 8D, 8F, 9C, 10D, 14A, 14B, 14D, 14F, 18C, 21A, 21C, 21E, 22A, 22B, 22D

                t Why was there an outcry when the constitution did not originally contain a general listing of the rights of the people?  How was this remedied?

                t How do constitutional provisions limit the role of government in regard to individual rights?

                t How does Federalism affect the guarantees of individual rights?

                t How does the 9th Amendment help guarantee individual rights.

        2.  Freedom of Religion

        TEKS:8B, 8D, 8F, 9C, 9E, 10D, 14A, 14B, 14C, 14D, 14E, 14F, 15B, 15C, 18C, 21A, 21E, 22A, 22B

                t Discuss why a free society cannot exist without free expression.

                t Describe three Establishment Clause issues regarding education that the Supreme regarding education that the Supreme Court has addressed.

                t Discuss issues addressed in Supreme Court rulings on religion and education in Engle v. Vitale.

                t What are three ways the government may restrict the exercise of religious beliefs?

                t What are the three elements of the Lemon Test?

        3.  Freedom of Speech and Press

        TEKS:3A, 3B, 8B, 8D, 8F, 9C, 9E, 14A, 14B, 14C, 14D, 14E, 14F, 15B, 17B, 17C, 18C, 21A, 21C, 21D, 22A, 22B, 23A, 23B

                t Discuss the importance of free speech and press in a democratic society.

                t Discuss some of the issues that involve Supreme Court interpretation of free speech.

                t Why can radio and television be regulated more strictly than other forms of media?

                t Discuss briefly one case in which the Supreme Court upheld a restriction on symbolic speech and one case where it struck down a restriction.

                       (Tinker v. Des Moines School District, 1969)(Kelly v Johnson, 1976)

        4.  Freedom of Assembly and Petition

        TEKS:3A, 3B, 8B, 8D, 8F, 9C, 9E, 10D, 14A, 14B, 14D, 14F, 15B, 17C, 21A, 21C, 22A, 22B, 22C, 22D

                t Explain the Constitution's guarantees of assembly and petition.

                t Describe the time, place, and manner limits that the government can put on freedom of assembly.

                t Compare and contrast the freedom of assembly issues that arise on public versus private property.

                t How has the Supreme Court interpreted freedom of association?

III. Civil Liberties: Protecting Individual Rights

      1.  Due Process of Law

        TEKS:3A, 3B, 8B, 8D, 8F, 9C, 9E, 9G, 10D, 14A, 14B, 14D, 14E, 14F, 15B, 15C, 17C, 21A, 22A, 22B, 22D

t Use the examples of Rochin v. California and Pierce v. Society of Sisters to explain why it is
        necessary to have both substantive and procedural due process.
 
t What is the relationship between the State’s police power and the due process of law?
 
t What right did the Court first articulate in Griswald v. Connecticut, 1965?
 

      2.      Freedom and Security of the Person

TEKS:3A,3B,8B,8D,8F,9C,9E,9G,10D,14A,14B,14D,14E,14F,15B,15C,17C,18,18B,18C,21A,21B,21D,21E,22A,22B,22D

t Explain why the 13th. Amendment was added to the Constitution in 1865 and how the Court’s
  interpretation of it has changed over the years. (Jones v. Mayer, 1968)
 
t  What is the aim of the 4th. Amendment? The 2nd. Amendment?
 
t How does the Exclusionary rule help protect citizens?

      3.      Rights of the Accused

TEKS:3A,3B,8B,8D,8F,9C,9E,9G,10D,14A,14B,14C,14D,14E,14F,15B,15C,17C,18A,18B,18C,21A,21B,21C,21D,21E,22A,22B,22D

t Define: The Writ of Habeas Corpus, Bills of Attainer, and Ex Post Facto Laws.
 
t What are the key constitutional guarantees of a fair trial?
 
t What guarantees and rules exist to ensure those accused of a crime the right not to incriminate
        themselves?  (5th. Amendment and Miranda v. Arizona)

     4.      Punishment

TEKS:3A,3B,8B,8D,8F,9C,9E,9G,10D,14A,14B,14C,14D,14E,14F,15B,15C,17C,18A,18B,18C,21A,21C,21E,22A,22B,22C

t What are the key constitutional guarantees regarding punishment of the guilty?
 
t Describe the Court’s interpretation of cruel and unusual punishment.
 
t What was the significance of Furman v. Georgia, 1972, in the history of the Supreme Court’s ruling
        regarding capital punishment?

IV.           Civil Rights: Equal Justice Under Law

1.      Diversity and Discrimination in American Society

TEKS:3A,3B,8B,9E,16A,16B,17C,18A,18B,18C,21A,21C,21E,22A,22B,22E

t   What does it mean to live in a heterogeneous society?
 
t    Briefly describe the historical treatment of minority groups in the United States.
 
t Outline discrimination against women from past to present.
 

2.      Equality Before the Law

TEKS:3A,3B,8B,8D,9C,9E,9G,10D,14A,14D,16A,16B,18A,18B,18C,21A,21E,22A,22B

t What kind of quality does the 14th. Amendment guarantee?
 
t    Briefly describe the history of racial segregation from the late 1800’s to today.
 
t How does classification by sex relate to discrimination?
 

3.      Federal Civil Rights Laws

TEKS:2D,3A,3B,8B,8D,9E,9G,10D,14A,14D,16A,16B,18A,18B,18C,21A,21E,11A,22B

t Briefly describe the history of civil rights legislation between the 1870’s and today. Explain how you
        would divide the history of civil rights legislation into three periods and why.
 
t What is the reasoning behind affirmative action programs? What is the main characteristic of these
        programs?

4.      American Citizenship

TEKS:3A,3B,8B,8D,9E,9G,10D,14A,14D,16A,16B,17C,18A,18B,18C,21A,21C,21D,21E,22A,22B

t Describe the ways in which people can become citizens of the United States.
 
t Discuss the ways in which people can lose citizenship
       
t Briefly describe immigration in the United States today.
 
t Compare and contrast the status of undocumented aliens and legal immigrants