Legislative QuizMark A for True, B for False

1. Members of the House and Senate must vote according to the party line as established by their party caucuses.

2. The majority leader of the Senate must be of the same party as the majority leader of the House.

3. Without the committee system Congress wouldn’t be able to properly study the hundreds of bills that are introduced each season.

4. The power to declare war is reserved exclusively to the Executive Branch of government.

5. Committee hearings on a new bill are held for the primary purpose of gathering information.

Legislative Quiz

6. Both houses of Congress jealously guard their tradition of unlimited and untimed debate.

7. Once a bill is introduced, it moves through to passage or defeat with little or no change.

8. The Bill of Rights protects wealthy Americans from being forced to pay higher tax rates than the poor.

9. Lobbyists play no useful role in the legislative process.

10. All bills introduced in Congress must be written by the members of the House and Senate.

The Law and the Judicial System

The Guiding Principles of Law

Morality of AspirationWe follow laws because we recognize it makes us good

people.

Murder

Armed Robbery

Grand Theft Auto

Speeding

Jaywalking

Morality of DutyWe follow laws because we

want to avoid the punishment that comes

from breaking them

Crimes occur when both moralities

break down.

Some of our fine laws…

• In Alabama, boogers may not be flicked into the wind.• In Alaska, it is illegal to whisper in a person’s ear while

moose hunting• In Florida, having sexual relations with a porcupine is illegal• In a town in Georgia, it is illegal for a chicken to cross the

road• In Kansas, it is illegal to hunt Whales• In Texas it is legal for a chicken to have sex with you, but

illegal for you to have sex with the chicken• In California, it is illegal to eat an orange in the bathtub.

Despite this…

• All laws were passed due to some perceived need to have them at the time

• Government is the mechanism for passing these laws

• Therefore all laws are political in nature.

Types of Law

Criminal LawThese cases occur when somebody violates a

local/state/federal law. All of these laws relate to public health/safety (of your person or your

property)

Types of LawCivil Law

These cases involve areas where there is a legal dispute but no law has actually been broken.

The legal dispute usually relates to property/monetary issues.

Types of Law

Public LawThe rarest but often the most impactful type of

law. These cases involve either the conflicts between different government powers or the

conflict between government power and rights of the citizens.

Types of Courts

Trial CourtsThe most common (as seen on TV). In a trial court

the goal is for the Jury to determine the facts of a case. The Judge only rules on issues of law (can

something be done?). The Prosecution represents the state and provides facts to show a crime has

been committed. The Defense represents the accused and provides facts to show that the

defendant is not responsible for the crime. The jury must be unanimous or it is a mistrial.

Types of Courts

Courts of AppealA decision made at a trial court may be appealed to

the courts of appeal. The appeal must be based on what somebody believes to be a mistake in the

application of the law (illegal search, evidence not allowed to be introduced, new evidence comes to light, etc). You cannot appeal based on “the jury

was wrong.” In this court only the lawyers appear before the panel of judges and provide legal

arguments on why their side should win the appeal.

Structure of the Court System

Dual Court SystemKeeping in line with federalism we have a dual

court system. There is the State Court System and the Federal Court System

State Court Structure

Federal Court Structure

The Overall Court Structure

U.S. District Courts

The Supreme Court Details

• 9 Members of the Supreme Court– 1 Chief Justice– 8 Associate Justices

• Serve for life time terms, pending “good behavior.”• Selection Process– Nominated by the President– Confirmed by a vote of the Senate

• The life time term and appointment (rather than election) were supposed to do what?

Power of the Supreme Court

• Constitutional Powers– Hamilton viewed the Court as the “least dangerous”

branch of government because it could not “command the sword” or “command the purse.”

– Powers given were vague and limited– Originally just listed the types of cases they could

hear (jurisdiction). Cases involving federal law, the constitution, treaties or cases involving diversity questions (involving different states, branches of government, or citizens of different states)

The Power of Judicial Review

• The greatest power of the court is that of Judicial Review.

• Judicial Review is the ability to declare laws null and void on the grounds that they are unconstitutional (conflict with the supreme law of the land or source of law in the land)

• This power is NOT included in the Constitution. • So where did it come from?

Marbury v. Madison (1803)

• The most important court case in the history of the United States.

• The Key Figures

William Marbury James Madison Chief JusticeJohn Marshall

Marbury v. Madison (1803)

• Facts of the Case– The election of Thomas Jefferson in 1802 marked

the first ever transition of power between two opposing political parties.

– Prior to Jefferson taking office Adams (a Federalist) made a number of appointments to federal positions. One of those being William Marbury (to be Justice of the Peace in Washington D.C.)

Marbury v. Madison (1803)

• Facts of the Case (Continued)– Those appointments could not all be delivered

prior to Jefferson taking office. When Jefferson became President, he named James Madison his Secretary of State.

– Madison chose not to deliver the appointments left by Adams since they were going to Federalists.

– Marbury sued under the Judicial Act of 1789 saying Madison should be forced to deliver the appointments.

Marbury v. Madison (1803)

• The Question before the Court– Could the court force James Madison to deliver

the appointments?• Chief Justice Marshall’s Dilemma– Marshall was a loyal Federalist and wanted the

appointments to go through. But he also recognized that the Court had little enforcement power and doubted that Jefferson would comply with a ruling.

Marbury v. Madison (1803)• The Ruling

– Chief Justice Marshall wrote that what Madison did was illegal and that by law he was compelled to deliver the appointments.

– However Marshall stated that the law under which Marbury sued, the Judicial Act of 1789, conflicted with the Constitution by expanding the power of the Supreme Court beyond what the constitution allowed

– Marshall continued by stating there was no provision in the Constitution on how to deal with laws that go against it.

– However it seemed natural that as the “interpreter of law” the Supreme Court was in a position to “review laws” that conflict.

– Any law that conflicts with the Constitution could not stand since the Constitution is the “Supreme Law” of the land.

– Therefore the Court has the ability to strike down laws if they are found to be unconstitutional. A power known as Judicial Review.

Marbury v. Madison (1803)

• Impact– Pleased Federalists to know they were in the right.– Pleased Jefferson that he wouldn’t have to have

Madison deliver the appointments– Increased the power of the Supreme Court in

relation to the other two branches.

The Nature of Power in the Courts

• The Supreme Court is unique in its power– No ability to enforce any of its rulings– Has been ignored by Presidents in the past

• So their power is mostly symbolic– Lifetime appointments gives the perception they are

“above politics”– We believe ourselves to be a nation of laws, and that

nobody is above them– The Courts power is dependent on the trust the

people put in them.