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 Revised Sept 17, 2002

Gitelson Chapters 4 and 13 Notes (F)

~ Stapled Sheet  Page 832 on the back side of the cover: THE ONLY DATES TO MEMORIZE!!

~For all students: If the item is on the stapled pages, the 800 pages, OR the on-line study guides, and the Gitelson book you should know the item for the on-line examination. 

~Required only for students reaching for a “A” in the course: the 50 questions on-line examinations for Chapters14 (domestic policy) and Chapter 9 (media) are directly from the Gitelson text. Our professor has NOT simplified Gitelson’s questions to make them easier to answer as has been done for the 25 point on-line exams, A thru L.

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CHAPTER 4

#304 B. On the tan “Courts” screen for    Brown v. Board of Education of Topeka, Kansas (1954)

and Thurgood Marshall (blue page)

 

- Click at Background and read.

* Keep reading and know the attorney provided by the NAACP for Linda Brown and what year segregation ended.

* Know the full name of the case: Brown v. Board of Education Topeka, Kansas.

- Look in the book on page 112. the photo is famous and is seen in many books. Read about Jim Crow laws in the caption.

- Laws requiring segregation in America were later used in the apatheid  of racial separation in South Africa.

-          Amendments 13, 14, and 15 were made part of the Constitution to give rights to people freed from slavery after the Civil War ended in 1865:.

-          They were passed within five years beginning with Amendment 13 in 1865. 

-          States that tried to leave the Union and fought against Lincoln to preserve slavery had to approve Amendments 13,14,and 15.

-    Amendment 13 to end slavery as an economic system was passed after Lincoln died.

-    Amendments 13, 14, and 15 were esigned to limit power at the state level of government.

- Gitelson,  Page 91: the Bill of Rights.

-           There are 10 Amendments in the Bill of Rights.  They are Amendments #1 through #10.

-           1789 was the year that the Bill of Rights was written and the year that Washington was elected the first President.

-      The Bill of Rights was written to limit the Federal level.

-     Bill of Rights protections were slowly incorporated to limit state government power through many different decisions by the U.S.Supreme Court.

-          Selective incorporation- “The Supreme Court’s practice of making applicable to the states only those portions of the Bill of Rights that a majority of

      ofjustices felt to be fundamental to a democratic society.” (G 92 m).  As the years passed, the meaning of the due process clause in Amendment 14 has

      expanded to include almost all of the restrictions the Bill of Rights had placed on the national  government.

- WASP- White Anglo Saxon Protestant

- Gitelson, page 95: Flag burning. Important for the exam; read about it.

- Read about the Pentagon Papers Case.  (The Pentagon is the Department of Defense,one of the terrorist’s targets on September 11, 2001.

- Page 97: read about libel (referring to written material) and slander (referring to spoken material)

- Page 102: read “Due Process and Crime” section. The Constitutions let Congress decide that criminals were allowed to have the right to a counsel (lawyer)

  in federal criminal cases.  Now we have the right to a counsel, in state criminal cases also.

- Exclusionary rule- to stop law enforcement officials from commiting crimes to collect evidence.  Note the exclusionary rule.

- Read 106 and 107.

-Page 109: abortion and the Supreme Court’s pro-choice (the choice to keep a pregnancy or not) decision.

COURT CASES—See “Court Cases Study Guide (B)” for latest revisions, esp. Marbury v.Madison

Stapled Sheets: NOTES. 8--See “Court Cases Study Guide (B)” for latest revisions, especially Marbury v.Madison

 

Ch.4, 13 Court Case #2. Dred Scott vs. San(d)ford (1857)

 

            It was a civil case at a federal level (Supreme Court case). The plaintiff, Dred Scott, sewed his owner for his liberty because he had been living in a free state for seven years. Chief Justice Taney ruled that the Missouri Compromise of 1820 was unconstitutional because congress “ no power to exclude slavery from any territory because it violates the Fifth Amendment by taking “property”. Such a case became highly controversial, because it led to the Civil War.

 

Ch. 4,8,13 3. Brown V. Board of Education of Topeka, Kansas (1954)

         

         This case was a civil case. A state law prohibited Brown to attend an all white school. Thurgood Marshall, the NAACP lawyer for the plaintiff Brown, decided to challenge Plessy v. Ferguson that stated that separate but equal institutions were constitutional. Chief Justice Warren decided that discrimination on the basis of race was unconstitutional, and so was the decision in Plessy v. Ferguson. There was an immediate call for integration of schools.

 

Ch. 4 4. Mapp v. Ohio (1961)

            This case began as a criminal case. The courts created the exclusionary rule, which eliminated the use of evidence, in a courtroom, that was obtained by illegal search and seizure. Fourth Amendment Decision.

Ch. 4 5. Gideon v. Wainwright (1963)

           This court case started as a criminal case. This court case stated that every person has the right to council even if one cannot afford it.  Part of the Six- Amendment.

Ch.4 6.  Miranda v. Arizona (1966)

This court case resulted in the Miranda Warning. The person detained by the authorities is to be told their rights. 1. You have the right to remain silent. 2. Anything you say may be used against you in a court of law. 3. You have the right to an attorney. 4. If you can not afford an attorney one may be provided for you. 5. You may consult with an attorney before being questioned.  Fifth and Sixth Amendment rights.

Ch. 47. United States v. Washington Post Co. and New York Times Co. v. United States / the ‘Pentagon Papers” case. (1971)

             These two sources obtained copies of some pentagon files in which there was information on decisions and U.S involvement in the Vietnam War. The courts decided that the government could not censor the press if it does not threaten national security.

Ch. 4 8. Roe v. Wade (1973)

            This is a civil case. The court decided that women have the right to decide whether or not they want to keep their children. A woman can only have a legal abortion the first trimester of her pregnancy or on the second trimester with a physician’s agreement that the mother’s health will not be affected.

Ch. 4!0. Regents of the University of California v. Bakke (1978) civil case.

           Stated that the states could uphold affirmative action programs as long as these programs would not affect other non-minority groups.

CHAPTER 13

- How many members on U.S. Supreme Court?

-- 9 members.      

* Look at the triangles and know it, page 817.

*Stapled Sheets: 838à Everyone (A ,B and C students) should know the basics of the Government. 

à Page 370: CHATPER 13: know the list of Supreme Court justices 

à Also know the presidents that put African American judges on the Supreme Court and

    What effect that made on them?

 

 

CHAPTER 13, STARTS HERE

 

Stapled pages, PG 817 Judicial Branch Triangles. Learn the Federal Court System

O – original jurisdiction

A- appellate jurisdiction

Original Jurisdiction is the right of a court to hear a case for the first time.

Page 373 of the above mentioned book has a blue page that teaches the procedures used to select

Judges for state courts.

There are two types of elections, the partisan, and the nonpartisan.

*  Partisan elections:

Ø       are party affiliated elections, guided by the party

Ø       Most all our elected officials use this method of elections

Selecting Judges--National Government Level:

 The U.S Senate reviews the judges nominated by the President and then decides whether

or not they will accept the nomination of a judge for a “term of good behavior”.

 

Selecting State Court Judges--

Partisan Election: election of officials who have a party label listed on the ballot.

Nonpartisan Election:  election of officials who DO NOT have a party label listed on the ballot.

Judges are among the state and local elected officials that campaign i The 9 and 14 chapter tests are directly from the Gitelson text. Our professor has simplified Gitelson’s questions to make them easier to answer.

 n a nonpartisan election.

 

Chapter 13, CONTINUED

Types of Juries on pages 96 - 97. Also on Page 816 of 800 pages.

The grand Jury (p. 99)

  • 23-25 members
  • Majority vote
  • The purpose to determining if the accused should be tried for a crime.
  • The standard of judgment is sufficient evidence.
  • Possible result is an INDICTMENT (p. 99)

The Criminal Jury (p. 96)

  • only for a misdemeanor or a felony
  • There are 12 members
  • The vote required is unanimous
  • The purpose is to determine if the accused should be punished
  •  The defendant is the accused, and the plaintiff is the government
  • The standard of judgment is guilt beyond a reasonable doubt.
  • Possible result is conviction, acquittal, or hung jury

Civil Jury 

  • 12 members or less
  • Vote required is of a majority
  • The purpose is to determine liability for harm that had been done or if it can be avoided
  • The standard of judgment is the preponderance of evidence.
  • The possible result is award of compensation for damage, an injunction or of something else of value.

 

Impeachment: Chapter 13

“Removing Judges”, pages 372 - 374

      The House of Representatives impeaches the person and the U.S Senate holds the trial.

Pages to look at carefully. These have the answers to the test.

Summary on pages 383-384, all numbers except 8, 9, and 10

 

Federal Court System

A.      District courts = trial courts / original jurisdiction, pages 361-362

B.     Circuit courts of appeals / appellate jurisdiction,  page 362 and 363f (clickable map is here)

C.       Supreme Court / original and appellate jurisdiction, pages 362-364, especially margin for appeal

C1,) Marbury v. Madison (1803), pages 378-379, especially margin for judicial review

C2.) Supreme Court Cases Study Guide

C3.) Alphabetical list of historic decisions

 

Who Becomes a Federal Judge?

X.       WASP = White Anglo Saxon Protestant, page 371 last full paragraph

Y.       Others,  U.S. Supreme Court

Y1.  Ginsburg (D), page 369f

Y2.  All members with their parties, page 370f; photo, page 375f

Y3.  O’Connor (R), page 371 center paragraph

Y4.  Thomas (R), chapter 8/page 229 end

Y3.  Thurgood Marshall, chapter 8/pages 228 end and 229f; page 371 center paragraph

Z.      Future judges, perhaps sitting in your class?

 

DEFINITIONS, including amicus curiae (friend of the court) briefs, page 376m and chapter 8/page 228 end

                                        majority opinion, page 377 center/concurring opinion and dissenting opinion, page 377m

                         civil action, page 357m, criminal law, trial courts, original jurisdiction, page 358m

                         appellate courts (and appellate jurisdiction), page 359m

 

SEMESTER REVIEW:  http://www.uscourts.gov/about.html