Government_Ch6_Homework-1

=**Government Chapter 6 Homework #1**= Answer the following questions from the paragraphs.

1. The U.S. judiciary consists of parallel systems of federal and state courts. Each of the 50 states has its own system of courts whose powers derive from state constitutions and laws. The federal court system consists of the Supreme Court and lower federal courts established by Congress. Federal courts derive their powers from the Constitution and federal laws. The authority to hear certain cases is called the jurisdiction of the court. In the dual-court system, state courts have jurisdiction over cases involving state laws, while federal courts have jurisdiction over cases involving federal laws. Sometimes the jurisdiction of the state courts and the jurisdiction of the federal courts overlap. The Constitution gave federal courts jurisdiction in cases that involved U.S. laws, treaties with foreign nations, or interpretations of the Constitution. Federal courts also try cases involving bankruptcy and cases involving admiralty or maritime law. Federal courts have jurisdiction in cases involving ambassadors or other representatives of foreign governments, two or more state governments, the U.S. government or one of its offices or agencies, citizens who are residents of more than one state, and citizens who are residents of the same state but claim land grants in other states. In most cases, the difference between federal and state court jurisdiction is clear. In some instances, however, both federal and state courts have jurisdiction, a situation known as concurrent jurisdiction. The court in which a case is originally tried is known as a trial court. A trial court has original jurisdiction. In the federal court system, the district courts as well as several other lower courts have only original jurisdiction. When people lose a court case in a trial court and wish to appeal the decision (seek a review), they may take the case to a court with appellate jurisdiction. The federal court system provides courts of appeals with appellate jurisdiction. The highest court with appellate jurisdiction is the Supreme Court.
 * The authority to hear a case is (A) jurisdiction (B) trial (C) hearing (D) appellate (E) all (F) none**


 * To appeal a decision means to (A) get a new attorney (B) have rights read to you (C) seek a review (D) interpret the Constitution (E) all (F) none**


 * What are the three categories for which a federal court can hear a case? Cases that involve U.S. l, a t-, or the C---.**

2. Since 1789, the Supreme Court has become very powerful. It may also be the least understood institution of American government. The role of the Court has developed from custom, usage, and history. It has certainly grown in power. By the 20th century, the Supreme Court was so powerful, that Justice Charles Evans Hughes said "We are under a Constitution, but the Constitution is what the judges say it is." The Founding Fathers did not intend this court to be that powerful. The Supreme Court was established in the third article of the Constitution for a reason. The Judicial Branch was to be the weakest of the three branches, according to Alexander Hamilton in //The Federalist #78// (remember the Federalist Papers were the articles written to gain support for the Constitution). Certain principles were established early in the Court's history. Neither the Supreme Court nor any federal court can initiate action. A judge or justice cannot seek an issue and ask people to bring it to the court. The courts must wait for litigants, or people engaged in a lawsuit, to come before them. A second principle is that federal courts only decide cases involving actual conflicts between two or more people. They do not answer a general legal question, regardless of how significant the issue or who asks the question. The Court would establish a major power in //Marbury v. Madison.// In 1803, the Court did not hesitate to be assertive. In this landmark case, the Court established the power of judicial review, the power to declare a law unconstitutional. What happened in this case? Just before President Adams's term ended in 1801, Congress passed a bill enabling the president to appoint 42 justices of the peace. The Senate quickly confirmed the nominees. Adams appointed nominees of his political party. He had lost in the election to Thomas Jefferson who was of the opposing party. Adams's appointments to these 42 positions were to be delivered by the secretary of state. All but four were delivered by the time Jefferson took office. One who did not receive his commission was William Marbury. He filed suit under the authority of the Judiciary Act of 1789. James Madison was who Marbury had to sue in the case since Madison was Jefferson's secretary of state and wasn't delivering the appointment to Marbury. The Supreme Court under Chief Justice John Marshall ruled in 1803 that Marbury had the right to the position Adams appointed him to, but Marbury couldn't sue based on the Judiciary Act because that law was unconstitutional. This ruling established the power of judicial review. It extended the power of limited government and established another check the Supreme Court would have on the other two branches. The Supreme Court also maintained federal supremacy and allowed broad use of the Necessary and Proper Clause in //McCulloch v. Maryland//. This case allowed the federal government to form a national bank, even though that power wasn't specifically granted by the Constitution, the Congress did have the power to borrow money, collect taxes, and raise an army (War of 1812 needed financed) and so felt it was necessary and proper to create a national bank. The Court delivered a strong message about the national government's power in //Gibbons v. Odgen// broadening the Congress's commerce power to include rivers. The blemish on the Court's history came in the Dred Scott Case before the Civil War (//Dred Scott v. Sanford//) in which the Court ruled that slaves weren't citizens and therefore couldn't sue for their freedom, which meant even runaway slaves who got to free states, still weren't free. The Court had protected the Southern Jim Crow laws that allowed discrimination and segregation in the South (allowed in //Plessy v. Ferguson// that said blacks were "separate but equal") after the Civil War until //Brown v. Board of Education// desegregated the schools.
 * Who was the Chief Justice who increased the Supreme Court's power? (A) James Madison (B) William Marbury (C) Alexander Hamilton (D) John Marshall (E) all (F) none**


 * //Marbury v. Madison// was the first time the court...(A) discussed a case (B) met (C) had a full court (D) used judicial review (E) all (F) none**


 * //McCulloch v. Maryland// was important because it allowed broader interpretation of the (A) Commerce Clause (B) Necessary and Proper Clause (C) Judicial Review power (D) court's role (E) all (F) none**


 * Why was the Dred Scott Case damaging to the Supreme Court's reputation?**

3. Article III set up the Judicial Branch to interpret the laws, but only established the Supreme Court. All other federal courts are established by the Congress. Congress created district courts in 1789 to serve as trial courts. These districts followed state boundary lines. As population grew and cases multiplied, Congress divided some states into more than one district. Today, the U.S. has 94 districts with each state having at least one federal district court. More than 550 judges preside over the 94 districts. United States district courts are trial courts for both criminal and civil federal cases. District courts use two types of juries in criminal cases. A grand jury, which usually includes 16 to 23 people, hears charges against a person suspected of having committed a crime. If the grand jury believes sufficient evidence is available to bring the person to trial, it issues an indictment, or a formal accusation charging a person with a crime. If a jury believes the evidence is insufficient, the charges are dropped. A petit jury (the type of jury most of us think of when we hear the word jury) usually consists of 6 to 12 people (in PA it's 12) and is the trial jury. Its function is to weigh the evidence presented at a trial in a criminal or civil case. The jury renders a verdict of guilty or not guilty. Each federal district has a U.S. District Attorney to represent the U.S. in court. The U.S. marshals carry out such duties as making arrests, securing jurors, and keeping order in the courtroom. In America, citizens have the right to seek an appeal or a review of their case. IN 1891, the Congress created a level of federal courts between district courts and the Supreme Court. This middle level, an appellate level (since this level of the federal court system hears appeals or reviews of the case) includes 13 U.S. courts of appeals. The U.S. is divided into 12 judicial circuits, or regions with one appellate court in each circuit. The 13th court is a special appeals court with national jurisdiction. A panel of 3 judges sits on each circuit. Pennsylvania is in the 3rd federal circuit. These courts of appeals are called Circuit Courts. Their decisions are to uphold the district court decision, reverse it, or send it back to the district level for a retrial. There is also a Court of International Trade (formerly known as the U.S. Customs Court) and has jurisdiction over tariffs. Other federal courts include the Federal Claims Court, which handles claims for money against the U.S. The Tax Court hears cases over disagreements with the IRS. The Court of the Armed Forces is the highest court for the military. Territorial Courts have jurisdiction over U.S. territories. The Courts of D.C. have jurisdiction in the nation's capital. FISA Court (Foreign Intelligence Surveillance Court) operates in secret and governs the process of eavesdropping on citizens and foreigners inside the U.S. in national security cases. Federal judges are appointed by the president and must be approved by the Senate. They serve for life, but can be removed by impeachment. Presidents usually appoint judges of the same political ideology. There are no requirements to be a federally appointed judge, but most have a background in law.
 * A federal trial court is (A) District Court (B) Circuit Court (C) Supreme Court (D) FISA Court (E) all (F) none**


 * Appeals courts exist due to the right of appeal, or the right to seek a (A) review of the case (B) lawyer (C) jury trial (D) jurisdiction (E) all (F) none**


 * How long do federal judges serve for? (A) retirement age (B) two terms (C) life (D) eight years (E) all (F) none**


 * How do federal judges get their jobs?**

4. Article III of the Constitution set up the Judicial Branch and more specifically the Supreme Court. It is the highest court in the land. It has final authority in any case involving the Constitution, U.S. law, and treaties. Today, the Supreme Court hears cases in the Supreme Court building in Washington D.C. The Supreme Court mostly has appellate jurisdiction as most cases go through the state courts first or go through the first two levels of the federal court system. There are a few instances in which the Supreme Court has original jurisdiction according to Article III Section 2 of the Constitution. The two types are cases involving representatives of foreign governments and the other is cases in which a state is a party. The Supreme Court established its power of judicial review in the 1803 case //Marbury v. Madison//. Judicial review is the power of the Supreme Court to declare a law or an act of the executive branch as unconstitutional. The Supreme Court consists of nine justices headed by the Chief Justice. Like all federal judges, Supreme Court justices are appointed by the president and approved by the Senate. They serve for life, but can be impeached for treason, bribery, or other high crimes and misdemeanors just like the president. To maintain their objectivity on the bench, justices are careful not to become involved in any activities that might prevent them from dealing fairly with one side or the other on a case. If justices have any personal or business connection with either of the parties in a case, they usually disqualify themselves from participating in that case. Justices have law clerks that help out by reading appeals filed and write memos summarizing the key issues in each case. The American Bar Association (ABA) is the largest national organization of attorneys. Since 1952, the ABA's Committee on the Federal Judiciary has been consulted by presidents concerning federal judiciary appointments. The committee rates possible nominees as "well qualified," "qualified," or "not qualified." Interest groups also play a role. Such groups look to sway a president but most of their influence is over confirmation by the Senate to approve or reject a nominee based on beliefs of the nominee. For example, if a possible nominee is pro-life or pro-abortion, there are interest groups on both sides that would lobby for their choice of a nominee to be the one that's appointed and approved.
 * What are the three levels of the federal court system? (A) District, Circuit, Supreme (B) National, State, Local (C) Legislative, Executive, Judicial (D) judge, jury, attorney (E) all (F) none**


 * The Supreme Court...(A) is the highest court in the land (B) hears appeals from Circuit Courts (C) hears appeals from state supreme courts (D) works in D.C. (E) all (F) none**


 * What is judicial review?**

5. During the term, the Court sits for two consecutive weeks each month. Justices listen to arguments from lawyers on each side of a case. The justices then discuss the case privately in what is called a conference. The Court later announces its opinion, or the decision of the Court. Each year, thousands of cases are appealed to the Supreme Court, but usually the Court hears less than 100. Cases get to the Supreme Court in one of two ways - by writ of certiorari or on appeal. The main route to the Supreme Court is by a writ of certiorari, or an order form the Supreme Court to a lower court to send up the records on a case for review. The party seeking review petitions the Court for certiorari and must argue that the lower court made a legal error in handling the case or that the case raises a significant constitutional issue. The Supreme Court can decide the cases it will consider and rejects over 90% of requests for certiorari. Certain cases reach the Supreme Court on appeal, meaning that a request has been made to review the decision of a lower federal or state court. The Supreme Court will hear appeals from either a federal circuit court or a state supreme court. Most appeals are because a lower court ruled something unconstitutional or that a state law did not violate U.S. law or the Constitution. When the Supreme Court dismisses a case, the ruling of the lower court is what stands. The Supreme Court dismisses many of the cases it gets on appeal. Close to half of the cases decided by the Supreme Court involve the federal government in the suit. The solicitor general is appointed by the president and represents the federal government before the Supreme Court. The solicitor general is a link between the executive and judicial branches and is often times referred to as the 10th justice. Presidents expect the solicitor general to support the administrations views on legal questions. The solicitor general plays a key role is setting the Supreme Court's agenda by determining whether the federal government should appeal lower federal court decisions to the Supreme Court. Justices or their clerks identify cases to consider and put them on their "discuss list" for all other justices to consider. Almost 2/3 of all petitions for certiorari don't make it to the discuss lists. The justices or their clerks research the backgrounds and give their views. Once the Court accepts a case, the lawyers on each side of the case submit a brief, which is a written statement setting forth the legal arguments, relevant facts, and procedures supporting one side of a case. Parties who are not directly involved in the case, but who have an interest in its outcome may also submit written briefs. After briefs are filed, lawyers on each state give their oral arguments to the Court with each side usually having 30 minutes. Justices often ask questions and challenge statements of the lawyers during this time. On Wednesdays and Fridays, the Supreme Court justices meet to discuss the cases they have heard as the Court is officially in conference. At least six justices need to be present to make a decision and majority rules on the cases. The Court votes and then writes the courts opinion (decision). The majority opinion expresses the views of the majority of the justices on a case. If a justice agrees with the majority but for a different reason then it is a concurring opinion. A dissenting opinion is the opinion of justices on the losing side in a case.
 * Which position is appointed by the president and represents the federal government before the Supreme Court? (A) Attorney General (B) Solicitor General (C) Chief Justice (D) Secretary of Justice (E) all (F) none**


 * An order from the Court to a lower court to send up the records on a case for review is (A) writ of habeas corpus (B) writ of certiorari (C) opinion (D) appeal (E) all (F) none**


 * When the Supreme Court is in conference that's when they are (A) hearing oral arguments (B) taking a break (C) discussing, voting, then ruling on a case (D) asking for briefs (E) all (F) none**


 * What is an opinion (Supreme Court opinion)?**

6. The Supreme Court impacts national policy when it rules on cases. The Congress makes policy by passing laws. The president shapes policy by carrying out the laws and by drawing up the national budget for Congress to consider. As the Supreme Court decides cases, it determines policy in three ways. These include the use of judicial review, interpreting the meaning of laws, and overruling or reversing its previous decisions. Judicial review is the power of the Supreme Court to declare a law or action of the executive branch to be unconstitutional and was first established in //Marbury v. Madison// in 1803 under Chief Justice John Marshall. Often times language in a law passed by Congress is general and open for interpretation, which gives the Supreme Court the power to interpret laws Congress passes. One of the basic principles of law in making judicial decisions is stare decisis, which is Latin for "let the decision stand." Under this principle, once the Court rules on a case, its decision serves as a precedent, or model, on which to base other decisions in similar cases. This principle is important because it makes the law predictable. The Supreme Court can overturn a precedent, but once a precedent is set state and federal lawmakers know the constitutionality of laws they're debating. There are some limits on the Court's reach in terms of policy. The Court has played a minor role in foreign policy. Also, the Supreme Court doesn't have enforcement power. When it rules on a case, it's up to the executive branch to do the enforcing. Over the years, the Court has developed many rules and customs on cases in which it'll hear. It'll only take up cases in which the Court's decision will make a difference. It won't rule just to decide a point of law. The person or group bringing the suit must have suffered real harm, not just merely object to a law or action. The Court will only hear cases that involve a substantial federal question. Finally, the Court won't hear cases that it believes are issues for the legislative or executive branches to handle. When the Supreme Court rules on a lot of cases and its decisions have major impacts on changing society, this is called judicial activism. Sometimes, justices are eager to rule on cases that would change society toward their particular ideology. On the other hand, when the Court is reluctant to rule on major societal impacting cases and instead defers to the Congress or executive branches, this is judicial restraint. Sometimes justices would rather Congress make the societal changing decisions since Congress is elected by the people.
 * What is the main check the judicial branch has on the other two branches? (A) impeachment (B) judicial review (C) override a veto (D) enforces the decisions over the executive (E) all (F) none**


 * When the Supreme Court rules on a few cases allowing more policy making power to be with the Congress and President, it's practicing (A) judicial review (B) judicial activism (C) judicial restraint (D) stare decisis (E) all (F) none**


 * What is a precedent? (A) model to base past decisions (B) court's opinion on a case (C) court's discussion and vote on a case (D) opposite of judicial review (E) all (F) none**

7. Law is the foundation for deciding cases that come before the Supreme Court. Justices, like other people, often hold strong opinions on the issues. However, they must base their decisions on the principles of law, and not on their own opinions. However, recently the court has grown more ideological or rules based on their ideological beliefs, not necessarily the original intent of the Constitution or the Founding Fathers. The job of the Supreme Court is to interpret the Constitution especially when there are areas that aren't clear. For example, the first amendment says that Congress cannot "abridge the freedom of speech." Are there certain types of speech that are limited or does this provide 100% free speech. It's the job of the Supreme Court to do the interpreting when a free speech case comes before them. Supreme Court justices don't meet daily but when they do the relationships are good and in harmony even if justices completely disagree on a ruling. One thing that justices have maintained through history is the secrecy in their rulings until they announce their decisions. The chief justice has some power that the others do not since the chief justice presides over the Court and directs the discussion. Public opinion and the values of society often influence Supreme Court justices in their decision making. A clear example of this was in //Brown v. Board of Education// in 1954 when the Supreme Court banned school segregation. This was the start of overturning Jim Crow legislation in the South. The president has some power over the Court since the president appoints Supreme Court justices when a position on the Court is open. Also, as head of the executive branch, the president is in charge of enforcing the decisions of the Supreme Court. An administration may enforce a Court decision vigorously or with little enthusiasm depending on the president's position. Congress has some control too since they do the lawmaking. If the Supreme Court strikes down a law, the Congress and re-enact a new law in a different form. Also, Congress can start the amendment process to amend the Constitution in order to make something constitutional. Also, the Senate must approve of presidential appointments.
 * How is there some control over the Supreme Court by Congress and the presidency?**

8. Recently, the Supreme Court has become very ideological as it rules on controversial cases on ideological lines - conservatives vote the conservative way and liberals on the Court vote the liberal way. Many of the recent controversial cases that were over very partisan issues (this means deeply divided by political parties) have been 5-4 rulings, which shows the clear division. In 2013, the Supreme Court ruled on health care and homosexual marriage. Regardless of your personal position on either of these issues, the topic for this debate is the Court. Conservatives are against the government forcing health care on Americans, while liberals like the health care law. Conservatives want states to decided on marriage and support the traditional one man-one woman for family values reasons while liberals support homosexual marriage. In their 2013 decisions, the Supreme Court ruled the liberal stance on both of these issues. Supporters champion the ruling since they got their way while opponents point out that they didn't base their decisions on original intent of the Constitution, but rather their ideology. Watch the video clip by clicking [|here]. **What is your position?**

The Founding Fathers saw the Judiciary as the weakest branch (Hamilton wrote this in the Federalist Papers). **Do you think the Supreme Court has grown too powerful going beyond just ruling on what is constitutional and what is unconstitutional by ruling based on personal ideology?**

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