sign in sign up
<<
Home , Sources of law

Equal under the Why It Matters Read with students John Rawls’s A BEFORE YOU READ TAKING As you read, take Theory of Justice in From the Source: NOTES notes on equal Readings in Economics and Govern- The Main Idea Reading Focus Key Terms justice under the law. Use a chart like this one to record ment. Have students identify Rawls’s The rights of all U.S. citizens 1. In what ways is the United , p. 181 your notes. ideas of justice, why justice is impor- are protected by and States a nation of laws? , p. 181 2. tant, and the government’s role in estab- the . What are the four sources , p. 181 Type of Law Sources Courts of law in the United States? , p. 182 lishing justice. (Possible answer: Rawl 3. What roles do the courts , p. 183 play in the United States? believes that justice establishes individ- , p. 183 uals’ equal rights and duties and is an appeal, p. 183 essential idea behind today’s societies and governments.) Then ask students to describe their own ideas about justice, its importance, and the government’s Carved in marble over the entrance A Nation of Laws of the Supreme building in role in establishing it. Washington, D.C., is the motto Every society needs rules. Without rules, From the Source: Readings in “Equal Justice under Law.” What people might feel like they could do any- Economics and Government: Reading does this motto mean to you? It means that you thing to anybody anytime they wanted. 70: A Theory of Justice and all other citizens are considered equal and are That is one reason why societies have laws. Laws are society’s rules. Laws promote the Academic Vocabulary protected by the . Laws defi ne individual rights and freedoms. But where does your freedom common good. Laws protect you. Laws, Review with students the high-use academic end and another person’s freedom begin? The judicial such as traffi c laws and laws against rape term in this section. branch of the government—the court system—helps and murder, are aimed at protecting your affect to change or infl uence (p. 183) fi nd the answer. personal and physical safety. Key Terms A criminal . The ensures Preteach the following terms: that the law and proper court proce- crime any behavior that is illegal because dures are followed society, through its government, considers during the trial. the behavior harmful to society (p. 181) criminal law group of laws that defi ne what acts are (p. 181) The car is being civil law group of laws that refer to dis- used as in the trial. putes between people (p. 181) common law type of law that comes from ’ decisions (p. 182) The hears the precedent earlier decision (p. 183) case and decides the guilt or innocence of constitutional law type of law based on the defendant. the U.S. and on Supreme Court decisions interpreting the Constitution (p. 183) 180 appeal process of asking for a review of CHAPTER 7 the court’s decision (p. 183) Teach the Main Idea At Level Taking Notes Type of Law Sources Courts Equal Justice under the Law Criminal law Use laws to 1. Teach Ask students the Reading Focus Explain to the class that the word liberty settle disputes questions to teach this section. comes from the Latin word for “free.” Then Civil law Common law Decisions lead a class discussion on how the ways the in lower 2. Apply As students read the section, have courts can be them take notes on how the U.S. government U.S. government ensures justice is related to appealed in helps guarantee justice. Americans’ freedom. higher courts 4. Practice/Homework Have students write Administrative 3. Review To review the section’s main law ideas, have students recite together the a brief essay on the relationship between Constitutional last six words of the Pledge of Allegiance: justice and freedom in the United States. law “with liberty and justice for all.”

180 CHAPTER 7 196. HISTORIC DOCUMENT If a man put out the eye of another man, his eye shall be put out. Hammurabi’s Code 197. If he break another man’s bone, his bone shall be broken. Reading Focus The Babylonian ruler Hammurabi is 198. If he put out the eye of a freed man, or break the bone of credited with putting together the ear- a freed man, he shall pay one gold mina. liest know written collection of laws. 199. If a man put out the eye of a man’s slave, or break the bone of In what ways is the United States a Written around 1780 BC, Hammurabi’s a man’s slave, he shall pay one-half of its value. nation of laws? Code was a collection of 282 laws that 221. If a physician heal the broken bone or diseased soft part of a set down rules for both criminal and man, the patient shall pay the physician five shekels in money. A Nation of Laws civil law, and informed citizens what 222. If he were a freed man he shall pay three shekels. was expected of them. There were Identify What are the two basic 223. laws on everything from trade, loans, If he were a slave his owner shall pay the physician two shekels. categories of laws? criminal law and and theft to marriage, injury, and – Hammurabi, from the Code of Hammurabi , translated by L. W. King murder. It contained some ideas that civil law are still found in laws today. Specific ANALYSIS SKILL ANALYZING PRIMARY SOURCES Explain How do laws both guarantee crimes brought specific penalties. Why was it important that Hammurabi’s code and limit freedom? They do not give was written down? people the freedom to act in ways that would hurt other people’s freedom. Elaborate How does the American Other laws protect your , your and other people’s property as well. You political system help citizens infl u- freedom to speak and practice your religion, might think that a crime against another per- ence what will become a law? Possible and your health. Laws set boundaries or lim- son does not affect you, but that is not true. its on behavior. So while you may have the If someone who breaks into your neighbor’s answer: Americans elect lawmakers right to practice playing your electric gui- house and steals something is not caught and whom they believe will pass laws they tar, that right is limited somewhat by your punished, the criminal may steal again. The support. Citizens can choose different neighbor’s right to the peaceful enjoyment criminal might even break into your house lawmakers if they do not like the laws of his or her property. next. And if criminals are not caught and passed by their representatives. punished, people may begin to think that it Criminal Law is okay to steal. There are two basic categories of laws, crimi- nal law and civil law. When people talk Civil Law Info to Know about “breaking the law,” they are usually The other basic category of laws is civil law. Jury Selection The Jury Selection referring to a crime. A crime is any behav- Civil law is the group of laws that refer to dis- and Service Act of 1968 recommends ior that is illegal because society, through its putes between people. If you have a dispute that be chosen from the list government, considers the behavior harmful with someone and you cannot solve it private- of registered voters. Most states use to society. Criminal law refers to the group of ly, you may go to court to settle the matter. In their voter lists as a source for jurors. laws that defi ne what acts are crimes. Crimi- court, the judge and maybe a jury will listen Because of varying voter registration nal law also describes how a person accused to the facts of the case. The judge will then of a crime should be tried in court and how apply the civil law and make a decision. Civil rates, however, this list may not meet crimes should be punished. laws are used to settle a wide range of personal the requirement that forbids discrimina- Criminal laws are intended to protect issues, such as disputes, divorce pro- tion in jury selection based on race, society as a whole. For example, laws against ceedings, and property boundaries. color, religion, sex, national origin, or assault, murder, and rape help protect you economic . Other lists that states and other people from being harmed. Laws READING CHECK Finding the Main Idea How use to select jurors include drivers’ against stealing help protect your property do laws protect freedom? license records, tax rolls, welfare rolls, telephone books, and records of utility THE JUDICIAL BRANCH 181 company subscribers.

Differentiating Instruction Below Level Learners Having Diffi culty Describe Different Kinds of Law 3. Remind students that they can refer back to 1. Create a chart on the board with the following their charts to recall the different kinds of four columns: Statutory Law, Common Law, U.S. law. Visual/Spatial, Verbal/Linguistic , and Constitutional Law. Alternative Assessment Handbook: Rubric 13: Answers Have students copy the chart onto a sheet of Graphic Organizers Analyzing Primary Sources Possible paper. answer: so everyone would know the laws and would not be able to dispute 2. As a group, complete the chart by describing them. each type of U.S. law and adding at least one Reading Check Possible answer: example of each. They protect people’s ability to express themselves safely through property, speech, and religion. 181 Sources of Law Common Law No matter how hard the tries, stat- There are several sources of criminal and civil utes cannot cover every type of wrongdoing. law in the United States. The four principal Judges and courts must often make decisions sources include statutory law, common law, based on customs, traditions, and cases that administrative law, and constitutional law. Reading Focus have been decided before. This type of law is All these laws must follow the principles called common law. Common law is a type set forth in the Constitution, which is the What are the four sources of law in of law that comes from judges’ decisions that supreme law of the land. the United States? rely on common sense and previous cases. Statutory Law For example, before automobiles became Sources of Law Laws that are passed by lawmaking bodies are a major form of transportation, there were no known as , or statutory laws. Congress laws about driving them. So if an automobile Compare How are common law ran into a horse and wagon, the driver of the and constitutional law similar? Both and state and local governments pass these laws. Most criminal laws are statutory laws. automobile might argue that the case should depend on the courts and judges’ Many civil laws are also statutes. For example, be dismissed. No laws existed that regulated decisions. a state law that requires all public buildings to the speed of automobiles so, the driver might argue, he should not have to pay. Would the Contrast How are statutory law and contain fi re exits is a statutory law. case be dismissed? Probably not. The judge administrative law different? Statutory Statutory laws usually represent majority rule, or what the majority of citizens believe might reply that there is an established prin- law is passed by lawmaking bodies, ciple that people cannot use their property to while administrative law is created by to be right or wrong. If citizens later change their position on the issue, the law can adapt injure others. The judge would apply tradition government agencies. to the country’s needs. Every American cit- and common sense in such a case. izen has the duty to know and obey these In the previous example, the judge’s deci- laws. One way to practice good citizenship is sion might be remembered by another judge by obeying laws. hearing a similar case. Eventually, most judges

Using Examples To help stu- American dents grasp vague concepts such Civil Liberties as different types of law and the roles of the courts, give concrete Serving on a Jury examples. Then ask students to Someday after you turn 18, you will jury selected from a fair cross-section categorize each one. For example, probably receive a letter calling you of the community. cannot tell students that the Supreme to jury service. Performing this civic exclude potential jurors on the basis Court has ruled that segregation, duty might be your only involvement of their gender or identifiable racial or separating people by race, is with the judicial system—but it is a or ethnic group. There have been illegal. Then ask them to identify duty that carries great responsibility. many cases that were appealed In a criminal case, the jury decides if because of alleged discrimination which kind of law this represents. the defendant is guilty of the crime during jury selection. constitutional charged by the government. In a civil 1. How could discrimination in jury case, the jury decides if the defen- selection affect a defendant in a dant is liable, or responsible, for the criminal case? damages named in the case, and if 2. Why would it matter to citizens if so, how much money to award. they were not called for jury duty As stated by the Sixth Amendment, because of their gender, race, the parties in a case are entitled to a or ethnicity?

182 CHAPTER 7

Differentiating Instruction At Level Standard English Mastery English-Language Learners Report on the Court 3. Ask each group to prepare a 1 to 2 minute 1. Organize students into small groups. broadcasting segment that objectively defi nes Tell students to imagine that they are for the viewer the roles played by courts in Answers correspondents for a court television network. the United States. American Civil Liberties 1. Possible 2. Review with students the idea that reporters 4. Have groups present their segments to the answer: It could result in a jury that is should try to be objective. Have students work class. Make sure each group member plays a unfairly biased against the defendant. together to list opinion words that should be role in the broadcast. Verbal/Linguistic 2. Possible answer: Being left out of avoided in an objective report. Alternative Assessment Handbook: Rubric 33: jury duty could mean they are not being Skits and Reader’s Theater treated as full citizens. It might also prevent their point of view from being considered in . 182 might follow the same precedent , or earlier right to an attorney, the right to confront decision, when considering such cases. Over the accuser, and the right to a jury trial. time, this rule would become a part of the The accused is also always presumed to be country’s customary, or common, law. innocent. It is up to the person bringing the charges to prove “beyond a reasonable Administrative Law doubt” that the accused is guilty of a crime. ACADEMIC Reading Focus Many of the laws that affect our daily lives Finally, if a person is convicted of a crime, he VOCABULARY are created by government agencies instead or she has the right to appeal the decision. affect: to change or influence What roles do the courts play in of . These laws, which are similar An appeal is the process by which the per- the United States? to statutory laws, are known as administra- son asks a higher court to review the result tive laws. Administrative laws cover many of the trial. A higher court may fi nd that the The Roles of the Courts areas of daily life, such as health, safety, edu- lower court has applied the law unfairly or cation, and banking. For example, the Con- inaccurately. A review of a decision helps to Identify What rights do people sumer Product Safety Commission (CPSC) ensure that cases are decided fairly. accused of crimes usually have? the uses administrative law when it rules that a rights to have an attorney, confront the READING CHECK Evaluating Why do you particular toy is unsafe and must be taken off accuser, have a jury trial, and appeal the market immediately. think the accused is considered innocent until proven guilty? a decision go.hrw.com Constitutional Law Online Quiz Analyze What is the purpose of the The Constitution is the supreme law of the KEYWORD: SZ7 HP7 right of appeal? to make sure that United States. Constitutional law is based SECTION 1 ASSESSMENT cases are tried fairly and to correct on the Constitution and on Supreme Court any mistakes that may arise decisions interpreting the Constitution. For Reviewing Ideas and Terms Community Service and Participation example, the Sixth Amendment guarantees 1. a. Defi ne Write a brief defi nition for each of the Handbook: Chapter 7 that a defendant in a criminal case has the following terms: crime , criminal law , and civil law . right to the “assistance of ” for his or b. Elaborate How does being a nation of laws both her . Because of the Supreme Court protect and limit freedom? ruling in 1963 in the case of Gideon v. Wain- 2. a. Defi ne Write a brief defi nition for each of the wright , states are required to provide free legal following terms: common law , precedent , and aid to those defendants who cannot afford to constitutional law . b. Support a Point of View pay for legal representation. Do you think common law is more just or less just than administrative READING CHECK Summarizing List and describe law? Explain your answer. Close 3. a. Defi ne the sources of law that exist in the United States. Write a brief defi nition for the term appeal . Have students explain how laws and the b. Explain What roles do courts play in society? courts protect U.S. citizens’ rights. The Roles of the Courts Critical Thinking Courts use the four sources of law to settle dis- 4. Categorizing Copy the graphic organizer. Use it and Review putes. Disputes may take different forms. Some your notes to explain the four sources of law that govern Americans. Describe each type. Online Quiz: Section 1 disputes are between people; others are between Quiz Game people and the government; and still others are between governments. In a criminal case, the Assess dispute is between society and an individual. Four Sources of Law Society is represented by an attorney for the SE Section 1 Assessment government. In a civil dispute, both sides have Focus on Writing Daily Quizzes: Section 1 attorneys or may represent themselves. 5. Problem Solving Write a descriptive paragraph about In criminal cases, the person accused of life in a country in which there is no rule of law. How might Reteach the crime has certain rights, including the life be improved by establishing a permanent legal system? Main Idea Activities for Differentiated Instruction: Section 1 THE JUDICIAL BRANCH 183

Section 1 Assessment Answers

1. a. crime, p. 181; criminal law, p. 181; civil law, 3. a. appeal, p. 183 b. They settle disputes p. 181 b. It protects basic rights but limits between individuals, society, and some actions for the benefit of society. governments. 2. a. common law, p. 182; precedent, p. 183; 4. Students should use the graphic organizer to Answers constitutional law, p. 183 b. Possible answers: describe the four sources of law. Reading Check (left) statutory— more just, because it follows common sense; 5. Paragraphs will vary but should consider the passed by lawmaking bodies, less just, because it might follow an unfair benefits laws bring and how U.S. laws are common—based on precedent, administrative—created by government precedent created. agencies, constitutional—based on the U.S. Constitution and Supreme Court decisions (right) Possible answer: to make sure no one is convicted of a crime without 183 CRITICAL MEDIA THINKING PARTICIPATION LITERACY Analyzing a News Article Evaluate an Article Hand out copies of a recent news article to Analyzing a News Article students. Ask students to create a chart Carefully analyze the information in the article to showing facts in the article, sources, and Learn determine if it is fact or opinion. any bias they feel the article contains. One way to learn about events that are taking place 3 Identify the sources. On what does the au- Have students work in pairs to complete in the world is to read a news article. You can find thor base his or her information? Does the article the chart. When they have fi nished, articles in newspapers, magazines, or on the Inter- cite reliable or anonymous sources? Questionable create a master chart on the board, net. News articles provide us with easy access to sources might make the information the author and invite student pairs to come to the information on current events or issues. presents unreliable. board and fi ll in one or two answers. Ideally, news articles should present balanced infor- 4 Identify points of view. News reporters, Ask students to compare their charts mation about a subject. Reporters should focus on though they may try to be balanced, have a point with the master chart, and discuss any the important facts related to the story. However, of view. Ask yourself if the article presents more similarities or differences they notice in news stories are reported from the perspective of than one point of view. If not, the article may not the journalist writing the story. Because much of be balanced. the information. our knowledge of current events comes from news articles, it is important to be able to analyze them go.hrw.com Apply Online Resources critically. Use the steps below to learn how to ana- lyze a news article. Carefully examine the news article below, then KEYWORD: SZ7 CH7 answer the questions that follow. ACTIVITY: Analyzing a Practice 1. What is this news article about? What facts does News Article the author provide? 1 Determine how the story is framed . Read or listen to the news story carefully. Identify the 2. On what sources does the author base his or her subject of the article, then identify the who, what, information? What evidence do you find that when, where, why, and how of the issue. the sources are either reliable or unreliable? 2 Analyze the facts. Articles should include 3. Do you think this article is balanced? What ele- evidence, such as statistics and quotes from people ments are someone’s opinion? related to the issue, to back up the main idea.

July 20, 2005 Bush’s announcement, televised nationally in prime time Tuesday BUSH NOMINATES ROBERTS TO SUPREME COURT from the White House, ended nearly three weeks of fervent specula- tion about who would take O’Connor’s pivotal place on the court. Republicans praise nominee as Dems vow thorough review A senior administration official told CNN that Bush interviewed WASHINGTON (CNN) -- President Bush on Tuesday chose as his first Roberts Friday at the White House and made his final decision Tues- Supreme Court nominee U.S. Circuit Judge John Roberts Jr., a conser- day morning. He called Roberts about 12:30 p.m. to offer him the vative whose selection pleased Republicans and prompted Democrats appointment. to vow a thorough review in the Senate. With Roberts standing at his side, Bush said the nominee “has devot- If confirmed by the Senate, Roberts would replace retiring Justice ed his entire professional life to the cause of justice and is widely Sandra Day O’Connor, who gained a reputation as a moderate swing admired for his intellect, his sound and personal decency.” voter in her 24 terms on the nation’s highest court. In a brief statement, Roberts said, “It is both an honor and very hum- Bush called the selection of a nominee to the “one of the bling to be nominated to serve on the Supreme Court.” most consequential decisions a president makes.” Source: CNN.com

184 CHAPTER 7 Answers Skills Activity: Analyzing a News Article At Level Apply 1. The nomination of John Roberts Jr. to the U.S. Supreme Court Determine Fact and Opinion by President Bush; students should 1. Hand out copies of a recent or historical news and circle statements they believe are list all facts in the article, such as the article to students. opinions. nomination of Roberts by President Bush, or the retirement of Sandra Day 2. Ask students to read through the article 3. When students have fi nished, have them O’Connor, who served as justice of the once, without making any notes or markings. compare their marked-up articles with a Supreme Court for 24 terms. 2. A senior Then, ask students to read through the article partner. Ask them to discuss any differences administration official; students should a second time. As they read, have students they notice with their partner. Verbal/ cite evidence from the story that makes underline statements they believe are facts, Linguistic it reliable or unreliable. 3. Students’ answers will vary but should explain whether or not they feel the article is balanced. The quotes included in the article are opinions.

184 CHAPTER 7 The Federal Court System Why It Matters Write the following question on the BEFORE YOU READ TAKING As you read, take NOTES notes on how the board: What if all federal court cases The Main Idea Reading Focus Key Terms U.S. federal court system is had to be tried in Washington, D.C., organized. Use a chart like this The federal court system 1. What is the purpose of the , p. 185 one to record your notes. and not in the state where the crime was consists of three levels of U.S. district courts? district courts, p. 186 committed? Ask students to suggest courts, each of which has 2. How are the U.S. courts of original jurisdiction, p. 186 scenarios that reveal the problems specific duties. appeals different from the courts of appeals, p. 187 district courts? involved in moving a case from its ori- appellate jurisdiction, p. 187 3. What is the role of the U.S. , p. 188 gin to a distant site. (Students’ scenarios Supreme Court? may include an uninformed jury or the inability of witnesses to travel.) Then lead a class discussion on ways the federal court system could be set up to Let’s say that your favorite actor is avoid these and other problems. arrested during a protest. She might agree to pay a fi ne, but she might Academic Vocabulary also decide to take her case to court. Review with students the high-use academic Depending on the events surrounding the arrest, her term in this section. lawyers might argue that her First Amendment right, authority power, right to rule (p. 185) her right to free speech, has been violated. If so, her case would be tried in a federal court. Key Terms U.S. District Courts Preteach the following terms: jurisdiction extent of the court’s authority The U.S. Constitution, in Article III, Section to hear and decide a case brought before it 1, provides that “the judicial power of the (p. 185) United States shall be vested in one Supreme district courts lowest level of federal Court, and in such inferior [lower] courts courts in the United States (p. 186) as the Congress may from time to time ... establish.” The First Congress used this con- original jurisdiction authority to be the stitutional power to set up a system of fed- fi rst courts in which cases are heard (p. 186) eral courts. There are three levels of federal courts of appeals second level of the courts. federal court system (p. 187) Bernie Ebbers, founder and former chief of Each level of the federal court system is appellate jurisdiction power to review WorldCom, exits a New York City court in July 2005 after given jurisdiction in several different kinds being sentenced to 25 years in prison for his role in the decisions made by lower courts (p. 187) company’s accounting case. Cases such as these are ACADEMIC of cases. The jurisdiction of a court is the justices Supreme Court judges (p. 188) tried in the federal court system. VOCABULARY extent or scope of authority that court has authority: to hear and decide a case that has properly Taking Notes power, right to been brought before it. There are two types rule of jurisdiction: original and appellate. U.S. Supreme Court

THE JUDICIAL BRANCH 185 U.S. courts of appeals in 12 circuits

U.S. district courts in all states Teach the Main Idea At Level The Federal Court System 1. Teach Ask students the Reading Focus each group create a poster showing the questions to teach this section. functions of its assigned level of courts. 2. Apply Ask students to create an outline 3. Review Have each group present its poster of the section as they read. Then divide to the class and explain the importance of its students into three groups. Assign one level of courts. group the district courts, another the courts 4. Practice/Homework Have students write of appeals, and the third the U.S. Supreme a short story tracking a case as it moves Court. Based on students’ outlines, have through the federal court system.

THE JUDICIAL BRANCH 185 U.S. Federal Districts or there may be as many as 28 judges, The lowest level of federal courts is the U.S. depending on the caseload of the court. district courts. District courts are the trial Federal district judges are trial judges. courts, and they are courts of original juris- They conduct both civil and criminal trials, diction. Original jurisdiction is the authority with and without juries. They also rule on Reading Focus of a court to hear and decide a case for the court procedures and apply the relevant law fi rst time. The district court is the only fed- to the facts of the case. If there is no jury, What is the purpose of the U.S. district eral court in which jury trials are held. District the judge also decides which side wins and courts? courts cannot hear appeals from other courts. sets the remedy for the winner. In a criminal Federal district courts are the “local” case, the judge also decides the punishment. U.S. District Courts courts in the federal court system. There All federal judges, except those in U.S. is at least one district court in each of the territories, are appointed for life by the presi- Recall What guarantees help ensure 50 states and in the District of Columbia. dent and must be approved by the Senate. that federal judges are not punished Some states are divided into as many as Federal judges can be removed from offi ce or rewarded for their decisions in four federal court districts. There are 94 only by impeachment by Congress. Nei- cases? They are appointed for life, and federal district courts in the United States. ther Congress nor the president can lower a neither Congress nor the president can judge’s salary during his or her time in offi ce. U.S. District Judges lower their salaries while they are in These guarantees were written into the Con- Judges, including federal judges, do not stitution to ensure that judges are not pun- offi ce. make law. That is the job of the legislature. ished for their decisions in cases. Make Inferences Why do you think Judges apply the relevant law to the case READING CHECK all states have at least one federal dis- before them. In the federal court system, Evaluating Why are federal trict court? Possible answer: to make there may be one judge in a district court, judges appointed for life at a fixed salary? sure all U.S. citizens and residents The U.S. Supreme Court is the highest court in the federal court system. As such, it is the have access to federal courts without final stop for many cases on appeal. The illustration below shows the most common path having to travel too far that cases take to reach the Supreme Court—through the federal court system. However, cases do sometimes reach the Supreme Court through appeals from the state court systems.

U.S. Court of Appeals Info to Know U.S. District Court Assigning Judges to Cases To make sure that cases are distributed evenly and that and defendants cannot choose their judge, district court judges are usually assigned cases according to a random system. Some- times, however, judges may be assigned cases in an area in which they have special expertise—for example, cases involving prisoners. As another guaran- tee of fairness, judges are not allowed to preside over cases in which their Ninety-four U.S. district courts around the country hear both The U.S. Courts of Appeals hear appeals from personal interests might infl uence their criminal and civil federal court cases. If a person loses a case federal district courts. Their job is to determine in district court, he or she may ask that the case be reviewed by whether the original trial was fair. These courts may decision. a U.S. court of appeals. On rare occasions, cases from district send the case back to the district court for a new court may be appealed directly to the U.S. Supreme Court. trial or uphold the lower court’s decision.

186 CHAPTER 7

Differentiating Instruction Above Level Advanced Learners/GATE Understand the Act of 1789 3. Ask volunteers to share their answers to the 1. Organize students into pairs. questions and read aloud the passages in the document that support those answers. 2. Distribute the Judiciary Act of 1789 from the From the Source: Readings in Economics Verbal/Linguistic and Government booklet to each pair. Have From the Source: Readings in Economics and Government: Reading 37: Judiciary Act of 1789 students work together to read the document and answer the questions. Answers Reading Check to ensure that they are not punished for their decisions in cases 186 U.S. Courts of Appeals Courts of appeals do not hold trials. Instead, a panel of at least three judges After a trial in a district court, the losing makes a decision on the case. Appellate party may appeal to the next level of courts. judges examine the records of the dis- The next level of courts in the federal trict court trial and hear arguments by the court system consists of courts of appeals . lawyers for both sides. The judges do not Reading Focus These courts have what is called appellate determine whether the accused person is jurisdiction . The term appellate means guilty or innocent of the crime. Their job How are the U.S. courts of appeals “relating to appeals,” so a court with appel- is to determine only whether the original different from the district courts? late jurisdiction has the power to review trial was fair and if the law was interpreted decisions made by lower courts. correctly. U.S. Courts of Appeals The federal court system, with its 94 dis- The judges reach their decision by trict courts, is divided into 12 judicial circuits. majority vote. The court of appeals may Identify How many U.S. courts Each circuit has its own court of appeals. For send the case back to the district court for of appeals exist, and how are they example, if you live in West Virginia, Virginia, a new trial, or it may uphold the district divided? 12; They are divided into North Carolina, or South Carolina, you live in court’s decision. In most cases, the decision circuits by region. the 4th Judicial Circuit. The 12th circuit is the of the court of appeals is fi nal. Sometimes, Draw Conclusions District of Columbia. Each court of appeals however, yet another appeal is made to the Why does has between 6 and 28 judges. The judge of U.S. Supreme Court. the United States give different kinds each circuit who has served the longest and of courts original jurisdiction and is under 65 years of age serves as the senior READING CHECK Identifying Cause and Effect appellate jurisdiction? Possible judge. Again, like other federal judges, appel- Why are cases sent to the court of appeals, and answer: to make sure that appellate late court judges are appointed for life. what are the possible results? judges have not seen the case before go.hrw.com and can review appeals fairly Interactive Art / KEYWORD: SZ7 CH7 As the highest court in the land, decisions by the U.S. Supreme Court are final. The Supreme U.S. Supreme Court Court may uphold the decision of the lower Reading Skill court, send the case back for a new trial, or Tell students that judges in declare an action or law unconstitutional. appeals courts such as circuit courts and the U.S. Supreme Court write legal documents called opinions explain- ing the reasoning behind their rulings. Find and distribute copies of an excerpt from a recent opinion to students. Help students understand the idea of judicial opinions by reviewing the difference be- tween facts and opinions. Ask students how the two different uses of the word opinion are related. Then ask them to ANALYSIS explain how facts are needed to support SKILL ANALYZING VISUALS Parties who lose their case in the U.S. Courts of Appeals both kinds of opinion. 1. What are the steps that a case may take have the right to ask the U.S. Supreme Court to hear their through the judicial system? case. The Supreme Court, however, is not required to hear / Interactive Art: Have students visit 2. Why might a court of appeals send a case every case. Of the approximately 7,000 cases the Court is back to a district court for a new trial? go.hrw.com (Keyword: SZ7 CH7) asked to review each year, it generally hears fewer than 100. to use an interactive version of “Road to the Supreme Court.” THE JUDICIAL BRANCH 187

Critical Thinking: Interpreting Maps At Level Answers Identify Appellate Court Circuits Analyzing Visuals 1. The case is heard in a U.S. district court and can 1. Organize the class into pairs. Give each pair a 3. Invite pairs to exchange and answer each then be reviewed by a U.S. court of copy of a map that shows the twelve judicial other’s questions. Have students check to appeals. The appeals court may send the circuits in the United States. make sure their classmates’ answers are case back to the district court for a new 2. Ask students to identify the circuit in which correct. Visual/Spatial, Verbal/Linguistic trial or uphold the decision; it can then your state is located. Then have each pair of Alternative Assessment Handbook: Rubric 21: be appealed to the U.S. Supreme Court. students write fi ve questions about the map. Map Reading 2. if the court feels a fair trial was not given in the district court Reading Check to review decisions and make sure the person who appealed was granted full legal rights; A case can be sent back to district court for a new trial or the decision may be upheld. 187 Makeup of the The U.S. Supreme Court Supreme Court The highest court in the land is the U.S. Supreme Court, which meets in Washing- The nine justices—a chief justice and eight associate justices— on the Supreme Court are appointed for life by the president, but ton, D.C. The Supreme Court is mainly an Reading Focus the Senate must approve these appointments by majority vote. appeals court. It reviews cases that have been • Chief Justice John G. Roberts Jr., appointed in 2005 tried in lower federal courts and in state courts. The decisions of the Supreme Court’s What is the role of the U.S. Supreme by President George W. Bush nine justices , or judges, cannot be appealed. Court? • John P. Stevens, appointed in 1975 by President Gerald R. Ford • Antonin Scalia, appointed in1986 by President Ronald Reagan The Constitution does give the Supreme The U.S. Supreme Court • Anthony Kennedy, appointed in 1988 by President Ronald Reagan Court original jurisdiction in three types of • David H. Souter, appointed in 1990 by President George cases. First, the Supreme Court tries cases Identify What is the main function H. W. Bush involving diplomatic representatives of oth- • Clarence Thomas, appointed in 1991 by President George er countries. Second, the court has jurisdic- of the Supreme Court? to act as an H. W. Bush tion in cases between states. For example, appeals court • Ruth Bader Ginsberg, appointed in 1993 by President Bill Clinton the Supreme Court once settled a dispute Make Generalizations In what • Stephen G. Breyer, appointed in 1994 by President Bill Clinton • Samuel A. Alito Jr., appointed in 2005 by President George between Arizona and California over the use kinds of cases does the Supreme Court W. Bush of water from the Colorado River basin. The have original jurisdiction? in cases Court also hears cases involving a state and ANALYSIS that involve diplomatic representa- SKILL ANALYZING INFORMATION the federal government. tives of other countries, cases between Drawing Conclusions Why must the Senate approve READING CHECK Drawing Inferences and states, and cases involving a state and the president’s choices for the Supreme Court? Conclusions Why might the Supreme Court have the federal government been given original jurisdiction in the three areas mentioned above?

go.hrw.com Online Quiz KEYWORD: SZ7 HP7 SECTION 2 ASSESSMENT

Close Reviewing Ideas and Terms b. Recall What role does the U.S. Supreme Court play in the U.S. court system? Review the specifi c duties of each kind 1. a. Defi ne Write a brief defi nition for each of the of federal court. following terms: jurisdiction , district courts , and Critical Thinking original jurisdiction . 4. Summarizing Copy the graphic organizer below. Review b. Elaborate What is the purpose of the U.S. Use it and your notes to identify and describe the three district courts? levels of federal courts. Online Quiz: Section 2 2. a. Defi ne Write a brief defi nition for each of the Quiz Game following terms: courts of appeals and appellate The Three Levels jurisdiction . of Federal Courts Assess b. Explain How are courts of appeals different from district courts? SE Section 2 Assessment c. Evaluate In a court of appeals, a three-judge Focus on Writing Daily Quizzes: Section 2 panel usually hears and decides cases. Why do you think it is important for three judges to hear an 5. Supporting a Point of View Write a position Reteach appeal instead of just one? statement supporting or opposing a constitutional 3. a. Write a brief defi nition for the following term: amendment that would end the system of lifetime Main Idea Activities for Differentiated justices . appointments for federal judges. Instruction: Section 2

188 CHAPTER 7

Section 2 Assessment Answers

1. a. jurisdiction, p. 185; district courts, p. 186; 3. a. justices, p. 188 b. acts as a final court original jurisdiction, p. 186 b. to hold trials in of appeals and judges cases between Answers federal cases governments Analyzing Information Possible 2. a. courts of appeals, p. 187; appellate juris- 4. Students should use the graphic organizer to answer: to make sure that power is diction, p. 187 b. They review cases that have identify and describe the three levels of fed- balanced between the executive and been decided in district courts. In appel- eral courts. legislative branches late courts, judges, not a jury, either uphold 5. Position statements will vary but should Reading Check Possible answer: so a decision or send a case back to lower consider the benefits and disadvantages of that relations between countries are court—they do not rule on guilt or inno- lifetime appointments. handled by the highest court in the land, cence. c. Possible answer: to make sure the and so that state or regional courts do decision is fair, not just one person’s opinion not favor one state over another or over the federal government 188 The Supreme Court Why It Matters Write the following statement on the BEFORE YOU READ TAKING As you read, NOTES take notes on board: Every case is eligible to be tried The Main Idea Reading Focus Key Terms how the Supreme Court can before the Supreme Court. Ask students influence society. Use a The Supreme Court hears 1. What is the power of , p. 189 graphic organizer like this whether they agree or disagree with this appeals, reviews laws, judicial review? remand, p. 190 one to record your notes. statement and why. Ask them how they 2. and strongly influences What are the constitutional opinion, p. 190 think the Supreme Court decides which American society. checks on the Supreme concurring opinion, p. 190 Court’s powers? cases to try. Help students understand dissenting opinion, p. 191 3. How has the Supreme that the Court carefully chooses to Court strengthened constitutional rights? consider cases on appeal that deal with important issues. Academic Vocabulary

What kinds of activities are pro- Review with students the high-use academic tected by your right to free speech? term in this section. What is cruel and unusual punish- explicitly fully revealed without vagueness ment? These are all constitutional (p. 190) questions, and many of them have been addressed by the courts. In fact, lower state and federal courts Key Terms frequently deal with constitutional issues, but their rul- Preteach the following terms: ings are not the fi nal word. In our system of govern- judicial review courts’ power to decide ment, the Supreme Court has the fi nal say about what whether a law or presidential action is in is constitutional and what is not. agreement with the Constitution (p. 189) The Power of remand return a case to a lower court Judicial Review (p. 190) opinion explanation of the reasoning that Over the years, laws have been passed that led to a Supreme Court decision (p. 190) have later been considered unconstitution- concurring opinion explanation of a al. Laws about segregation and discrimina- justice who agrees with the decision of the tion are good examples. How can such laws majority, but for different reasons (p. 190) be changed? The answers lie with a unique feature of the U.S. court system called the dissenting opinion explanation of the power of judicial review . This power allows reasoning of justices who disagree with a courts to decide whether a law or a presi- majority Supreme Court decision (p. 191) dential action is in agreement with the Vocabulary Activities: Chapter 7 Constitution. The Supreme Court holds the ultimate authority to make this deci- Taking Notes sion. If a court decides that a law confl icts The first eight chief justices of the Supreme Court were John Jay, with the Constitution, that law is declared Checking the John Rutledge, Oliver Ellsworth, John Marshall, Roger B. Taney, Judicial review: court’s power: Salmon P. Chase, Morrison R. Waite, and Melville W. Fuller. unconstitutional. allows courts to decide Supreme Court can if laws and actions are be checked by and unconstitutional check the powers of THE JUDICIAL BRANCH 189 other government branches

Teach the Main Idea At Level Strengthening rights: Supreme Court The Supreme Court decisions have made changes to the rights of 1. Teach Ask students the Reading Focus summarizing the section. Write the Americans questions to teach this section. paragraph on the board. 2. Apply Have students summarize the main 4. Practice/Homework Ask students idea of each main head in this section in one to imagine that they are justices on the . Supreme Court. Have them prepare a brief 3. Review Have students contribute ideas public statement explaining their work and from their sentences to a class paragraph the importance of the Court.

THE JUDICIAL BRANCH 189 ACADEMIC The Constitution does not explicitly decide, with or without a formal written VOCABULARY give the judicial branch the power of judicial opinion, only about 130 to 150 of those explicitly: review. John Marshall established the power cases. It accepts only those cases that gen- fully revealed without vagueness when he served as chief justice of the Supreme erally deal with important constitutional Court from 1801 to 1835. Marshall promoted or national questions. At least four of the Reading Focus the idea of judicial review for the fi rst time in nine justices must vote to hear a case. If the 1803 in the case of Marbury v. Madison . Supreme Court refuses to review a case, the What is the power of judicial review? The case involved William Marbury, who decision of the lower court remains in effect. had been promised an appointment as a jus- The Court may also remand , or return, a case The Power of Judicial tice of the by outgoing president John to a lower court for a new trial. Review Adams. President Thomas Jefferson ordered the new secretary of state, James Madison, Hearing and Deciding Cases Explain How does the Supreme to deny Marbury’s appointment. Marbury The Supreme Court hears cases by oral argu- Court decide to hear a case? at least claimed that the Judiciary Act of 1789 gave ment. Lawyers for the parties in a case each four justices vote to hear it the Supreme Court the power to order Madi- have 30 minutes to present their arguments. son to give him the promised appointment. Then the justices spend their time reading Evaluate Do you think concurring However, Chief Justice Marshall ruled that written arguments and considering what opinions or dissenting opinions are the act gave the Supreme Court powers that was said in court. When they are ready to more infl uential? Students’ answers it had not been granted by the Constitution. decide a case, they hold a private meeting will vary but should show students’ Because the Constitution is the supreme law to vote. Each justice has one vote, and deci- understanding that all opinions show of the land, the Judiciary Act passed by Con- sions are reached by a simple majority. justices’ reasoning and can infl uence gress was declared unconstitutional. This was After deliberation and voting, the Court the law. the fi rst time the Supreme Court had declared delivers its opinion. An opinion explains an act of Congress unconstitutional and thus the reasoning that led to the decision. The Simulations and Case Studies: Lesson established the concept of judicial review. Court’s opinion is binding on all lower courts. 6: Bethel School District v. Matthew Sometimes a justice agrees with the decision Fraser Choosing Cases of the majority, but for different reasons. In U.S. Supreme Court Case Studies: More than 7,000 cases are fi led with the that case, the justice may decide to write a Case 1: Marbury v. Madison Supreme Court each year. The Court may concurring opinion .

go.hrw.com Online Resources KEYWORD: SZ7 CH7 ACTIVITY: Supreme Court Changing Court Procedures Opinions: Segregation The Supreme Court has interpreted the Constitution differently at different times. For example, the Court ruled in Scott v. Sandford that Linking to Today African Americans were not considered U.S. citizens. Later, in Plessy v. Supreme Court Vacancies In 2005, Ferguson , the Court legalized “separate but equal” facilities for African shortly after Justice Sandra Day Americans and whites. The Court put an end to legal segregation in 1954 in Brown v. Board of Education . O’Connor announced her decision to How were the rulings in Plessy v. Ferguson and Brown v. Board of 1857 Scott v. Sandford retire, Chief Justice William Rehnquist Education different? died of cancer. President George W. Dred Scott’s attempt to win his freedom was defeated when the Supreme Court ruled that slaves Bush had already selected John Roberts had no right to sue in federal courts because they to replace O’Connor but decided to were considered property, not citizens. nominate him for chief justice instead. Although the Court had not had two 190 CHAPTER 7 vacancies at the same time since 1971, the Senate did approve two nominees at the same time in 1986. After Chief Collaborative Learning At Level Justice Warren Burger retired, the Hold a Moot Court Senate had to confi rm both Rehnquist’s elevation to chief justice and Antonin 1. Divide students into three groups: the the Simulations and Case Studies booklet Scalia’s nomination to fi ll Rehnquist’s Supreme Court, attorneys for the petitioner, to prepare for a moot court. vacant seat. and attorneys for the respondent, and assign 3. Hold the moot court to decide the case. one student to be court recorder. Verbal/Linguistic, Interpersonal 2. Have students follow the directions of Lesson Simulations and Case Studies: Lesson 7: Moot Answers 7: Moot Court: Jones v. Clear Creek ISD in Court: Jones v. Clear Creek ISD Quick Facts Plessy v. Ferguson ruled that segregated facilities were allowed as long as they were equal to each other; Brown v. Board of Ed ruled that segregation was illegal. 190 In many cases, one or more justices Checking the Court’s Power disagree with the majority opinion. These justices may fi le a dissenting opinion. The How do the other branches of government dissenting opinion explains why the jus- check the powers of the judicial branch? The tice believes the majority opinion is wrong. executive branch—the president—has the Although dissenting opinions have no effect power to appoint all federal judges, includ- Reading Focus on the law, they are still important. Many ing Supreme Court justices. Of course, the dissenting opinions have later become the Senate must confi rm all nominees for fed- What are the constitutional checks on law of the land when the beliefs of society eral judgeships, including Supreme Court the Supreme Court’s powers? and the opinions of the justices change. For justices. If a nominee cannot win the sup- example, in Plessy v. Ferguson , Justice John M. port of a majority of the senators, the Checking the Court’s Harlan dissented, saying that the Constitu- nomination may be rejected and the presi- tion should not be interpreted in ways that dent would have to appoint someone else. Power recognize class or racial distinctions. If the Court rules that a law is unconsti- Describe What happens if a tutional, Congress can try to write a better Supreme Court justice nomination Supreme Court Justices law. Congress may change the law enough so The size of the Supreme Court is determined that the Supreme Court can uphold the new is not supported by a majority of the by Congress. Since 1869, the number of jus- law. Another way for Congress to check the Senate? tices has been set at nine. The Court has a Court’s power is to amend the Constitution. The nomination may be rejected and chief justice, who is the principal judge, and For example, in 1895 the Supreme Court the president will have to choose eight associate justices. Supreme Court jus- declared that an income passed by someone else. tices, like other federal judges, are appointed Congress was unconstitutional. So in 1913 Predict How do you think for life by the president and approved by the states ratifi ed the Sixteenth Amendment, Americans would react if the execu- the Senate. Justices can be removed only by which gave Congress the power to tax a per- impeachment. There are no special require- son’s income. The income tax then became tive branch did not enforce a Supreme ments to be a Supreme Court justice. legal and constitutional. Court decision? Possible answer: They might be angry; they might approve READING CHECK Summarizing How can the READING CHECK Finding the Main Idea What because they feel that the Court had power of judicial review have an affect on the laws are two ways the legislative branch can check the taken too much power in making its that are passed by Congress? power of the Supreme Court? decision. Challenge and Enrichment Activities: Chapter 7

go.hrw.com Online Resources KEYWORD: SZ7 CH7 ACTIVITY: Landmark Supreme Court Cases

1954 Brown v. Board of 1896 Plessy v. Ferguson Education African American Homer Plessy was arrested for riding in a In a unanimous decision, the Supreme Court ruled “whites-only” railcar in Louisiana. The Court justified segregation that segregated schools were not equal and therefore by ruling that separate facilities for different races were legal as violated the Fourteenth Amendment’s guarantee of equal long as those facilities were equal to one another. protection under the law.

THE JUDICIAL BRANCH 191

Differentiating Instruction At Level English Language Learners Write a Want Ad for a Supreme the length of the term. Students should also Court Justice include job requirements and qualifi cations. 1. Tell students to imagine that there is a Encourage students to be creative in their vacancy on the Supreme Court. attempts to attract people to work for the Answers Supreme Court. 2. Refer students to the Chapter 22 Media Reading Check (left) Possible answer: It determines which laws are Literacy Skill on p. 585 to see a model help 4. Ask volunteers to share their advertisements with the class. Verbal/Linguistic valid and what kinds of laws can be wanted advertisement. enacted. 3. Have each student write a want ad for the Alternative Assessment Handbook: Rubric 2: Advertisements Reading Check (right) by passing position of Supreme Court justice. The ad new laws to replace those found should explain the appointment process and unconstitutional and by passing amendments to the Constitution 191 FOCUS ON there were separate-but-equal facilities for Thurgood whites and African Americans. In Brown , Marshall the Court ruled that segregated schools were inherently unequal and therefore (1908—1993) violated the Fourteenth Amendment. The Reading Focus Thurgood Marshall was born in Bal- Court ruled that public schools be desegre- timore, Maryland. He graduated first gated “with all deliberate speed.” in his class from Howard Law School Brown How has the Supreme Court strength- in 1933 and soon became a key legal council for the National The 1954 decision did not com- ened constitutional rights? Association for the Advancement of Colored People (NAACP). pletely eliminate segregation. It took other He helped the NAACP win several important civil rights cases. cases and decisions to strike down other dis- Strengthening Rights Perhaps his most famous victory was Brown v. Board of Educa- criminatory laws. tion , which outlawed segregation in public schools. Like the Brown decision, other Supreme Identify What is one Supreme Court Court opinions have made far-reaching ruling that strengthened the rights of Marshall was appointed to a federal court of appeals in 1961. He became the first African American justice on the Supreme Court changes in American life. For example, accused persons? How? Miranda v. in 1967, serving for more than 20 years. Marshall retired from the Court has made several rulings on the Arizona declared that arrested sus- the court in 1991. He left behind a legacy of defending individual rights of the accused and voting rights. pects must be informed of their rights rights and demanding equal justice for all Americans. In the 1966 case of Miranda v. Arizona , the Court declared that the must before questioning. Explain How did Marshall contribute to the U.S. legal system? inform arrested suspects of their rights before Make Inferences How do you think questioning them. Supreme Court rulings on voting and The Court also made several decisions civil rights might also help protect Strengthening Rights in the 1960s affecting voting rights and other important rights? These deci- Supreme Court decisions have allowed representation in Congress. These deci- sions set a precedent for the Court the Constitution to meet the demands of sions were aimed at ensuring that each to make a commitment to protect all changing times. For example, in 1954 the person’s vote counts the same as any other constitutional rights. Court decided in the case of Brown v. Board person’s vote. of Education that the segregation of public Graphic Organizer Activities: Chapter 7 READING CHECK Analyzing Information How schools was unconstitutional. By doing this U.S. Supreme Court Case Studies: has the Supreme Court made sure that the Consti- the Court reversed an earlier opinion that Case 8: Plessy v. Ferguson and Brown tution applies to all Americans? said segregation was constitutional as long as v. Board of Education go.hrw.com Online Quiz KEYWORD: SZ7 HP7 SECTION 3 ASSESSMENT

Reviewing Ideas and Terms b. Elaborate What might happen if people did not have the rights established in Miranda v. Arizona ? 1. a. Defi ne Write a brief defi nition for each of the Explain your answer. following terms: judicial review , remand , opinion , Close concurring opinion , and dissenting opinion . Critical Thinking Lead a discussion on the ways the b. Compare and Contrast What are the differ- 4. Sequencing Copy the graphic organizer. Use Supreme Court and its justices infl uence ences between a concurring opinion and a dissent- it to identify the steps a case goes through in the American society. ing opinion? Supreme Court. 2. a. Recall What can Congress do to check the Focus on Writing Review power of the Supreme Court? b. Support a Point of View Does the Supreme 5. Identifying Points of View You are a sena- Online Quiz: Section 3 Court have too much power? Why? tor considering a presidential nominee for Supreme Quiz Game 3. a. Summarize What are some issues Supreme Court justice. Write a letter to your colleagues Court cases have addressed? explaining how you intend to vote for the nominee. Vocabulary Activities: Chapter 7

Assess 192 CHAPTER 7 SE Section 3 Assessment Daily Quizzes: Section 3 Section 3 Assessment Answers

Reteach 1. a. judicial review, p. 189; remand, p. 190; 3. a. civil rights and civil liberties, rights of Main Idea Activities for Differentiated opinion, p. 190; concurring opinion, p. 190; accused persons, voting rights and represen- Instruction: Section 3 dissenting opinion, p. 191 b. concurring opin- tation b. Possible answer: Arrested suspects ion—agrees with the majority opinion for might not be aware of their rights before different reasons; dissenting—disagrees with being questioned, possibly leading to wrong Answers the majority convictions or imprisonments. Focus On He worked to defend 2. a. replace unconstitutional laws and amend 4. Students should identify the steps a Supreme individual rights and demanded equal the Constitution b. Answers will vary but Court case goes through. justice for all Americans. should show students’ understanding of the 5. Opinions in letters will vary but should con- Reading Check It has required power of the Supreme Court. fair treatment of people accused of sider the impact of the appointment. committing a crime, equal voting rights, and equal civil rights for all Americans. 192