Jessica Hillis
Bailey
Government
25 November 2007
Unit 6:
1. What is meant by the phrase “a dual system of courts”?
There are two separate court systems; the Special Courts and the Constitutional
Courts.
2. What are the general principles (and the specifics of each) that determine if
the federal courts have jurisdiction over cases?
The federal courts may hear cases based on the subject matter and the parties
involved. The courts also have exclusive and concurrent jurisdiction. Exclusive
jurisdiction involves cases that can only be heard by the federal courts. Concurrent
jurisdiction is when the state and the federal courts have jurisdiction to hear both
cases. Original jurisdiction is when the court that hears the case first has
jurisdiction and appellate jurisdiction is when a court hears an appeal from a
lower court.
3. How many federal district courts are there? Courts of Appeal?
There are 94 federal district courts throughout the country. There are 12 courts of
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appeals in the judicial system.
4. How many judges serve on the Supreme Court? What is their term of office?
Who is the current Chief Justice?
There are nine justices that serve on the Supreme Court at a time. Justices have no
limit on their term of office. The current chief justice is William H. Rehnquist.
5. How does the Supreme Court determine which cases it will hear?
The justices have to decide that the lower courts ruling are incorrect and at least
four of the nine justices must agree to hear the case.
6. What was the significance of the Supreme Courts interpretation of the “due
process clause” in the 14th amendment?
The Supreme Court’s interpretation of the 14th amendment states that no state can
deny any person any right that is “basic or essential to the American concept of
ordered liberty”.
7. What is the role of the 9th amendment?
To protect citizens against laws that can deny them other laws already stated or
any law that can hurt them.
8. What is meant by the “Establishment Clause” as it pertains to religious
freedom in the 1st amendment?
The “establishment clause” is also the “establishment of religion” and allows for
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freedom of religious practice.
9. How has the Supreme Court ruled with respect to prayer in schools? Student
religious groups? Evolution? Seasonal displays? Prayer in legislatures? Tax
exemptions for religious groups? State aid to parochial schools?
The Supreme Court has struck down all laws pertaining to allow prayer in schools
in order to uphold the separation of church and state. The Supreme Court ruled
that any wanting to partake in student lead religious groups are allowed to meet on
neutral and common ground. Involving evolution, in order to teach it, teachers
must also teach “creation science”. Prayer in legislature occurs whenever the
legislature is in session and at the beginning of the session; Seasonal displays are
allowed but only if they are not purely religious as it violates the 1st and 14th
amendments. Religious groups are not exempt from paying taxes. The state must
give some aid to parochial schools in order to help the parents of those students.
10. What is meant by the “free exercise clause” as it pertains to religious freedom
in the 1st amendment?
Everyone is allowed to practice whichever religion they choose to believe in.
11. Is free speech absolute or are there restrictions? Explain.
Free speech is not absolute and there are restrictions. No person has an unbridled
right to free speech or free press. No one has the right to slander or libel: false use
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of spoken and written words.
12. How has the Supreme Court ruled with respect to obscenity? Prior restraint?
News organization and confidentiality? Movies and censorship? Regulation
of television and radio? Symbolic speech? Commercial speech?
The Supreme Court has passed a number of laws to prevent mailing of obscene
matter. The government cannot curb ideas before they are made, only in extreme
cases, cause the act of prior restraint to rarely be used. The court has also stated
that censorship of newspapers is allowed and journalists have some protection
against being forced to give up information. At one point movies were censored
but now they are not and people rely on the movie rating system. Radios and
television must have public permission to air they material; symbolic speech is
forbidden if it is in the background of violence. Commercial speech can be
prohibited if it is also believed to be false and violent.
13. What was the purpose of the Alien and Sedition acts?
The Alien and Sedition acts were to protect against any speaking against the
government or the president. There were two acts, one in the beginning of the
country’s history and one during World War I.
14. In Schenck vs. the United States, the Supreme Court created a “clear and
present danger” rule in making its decision. What did this mean?
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Words can be outlawed and those who utter them can be punished for it.
15. On what basis can government regulate the rights of assembly and petition?
What factors make the right to demonstrate such a thorny issue?
The can influence political parties and public policy. However, assembly that is
peaceful and not violent, or else the 1st and 14th amendment do not protect against
assembly.
16. What is the difference between Procedural and Substansive Due Process?
Procedural due process deals with the procedures and the methods of government
and substansive due process deals with the substance and policies of government.
17. Is the “right to privacy” stated in the Constitution or did it evolve? What was
the significance of Roe vs. Wade and the cases it followed?
The “right to privacy” evolved through time; the significance of Roe vs. Wade
created laws that stated: in the first trimester of pregnancy, it is solely the mother’s
choice, in the second trimester, the state has some say but it still lies mostly with
the mother and in the third trimester, the state can prohibit the abortion to protect
the unborn child.
18. Does an individual automatically have the right to “keep and bear arms”
under the Supreme Court’s interpretation of the 2nd amendment?
The Supreme Court has never accepted the interpretation of the 2nd amendment
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that individuals have the right to keep and bear arms.
19. The 14th amendment attempts to keep people “Secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures.”
How has the Supreme Court interpreted cases involving automobiles,
“tainted evidence”, and wiretapping?
Citizens are protected against unwarranted search and seizures and warrants can
only be obtained with probable cause. If police receive an anonymous tip they
cannot act upon it, unless it is related to other evidence. Police do not need a
warrant to search an automobile because it can disappear while the police were
seeking the warrant.
20. What is the Supreme Court’s view in regard to double jeopardy, speedy and
public trials, and trial by jury, right to an adequate defense, self
incrimination, cruel and unusual punishment, and capitol punishment?
Double jeopardy: is prohibited; once a person has been tried for a crime,
they cannot be tried again. The court is not allowed to drag out a case for any
reason.
Trial by jury: Everyone is guaranteed a trial by jury and not members of
the government.
Adequate defense: Everyone is guaranteed a lawyer to represent them
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Selfincrimination: Everyone is protected against selfincrimination
Cruel and unusual punishment: is prohibited to protect people.
Capital punishment: There is much controversy concerning capital
punishment. Many states have laws concerning capital punishment.