Lesson 9
How do courts interpret laws? How do the Bill of Rights and the 14th amendment promote a just legal system?
Last lesson talked about the President's cabinet and EXECUTIVE ORDERS.
Remember those? Orders that the President signs that become law. The Constitution doesn't come out and say that the President has the right to issue these, but the Constitution does say that he has the right to enforce laws.
Have you ever heard of the Emancipation Proclamation signed by Abraham Lincoln? Technically, that was an Executive Order. The Emancipation Proclamation was the first step to freeing all slaves in the United States.
The Supreme Court Case you looked at last time came about because an Executive Order was signed giving the Secretary of War permission to put Japanese-Americans in internment camps. The Supreme Court has the right to overturn Executive Orders if they're unconstitutional, but of the thousands of Executive Orders that have been signed, only 2 have every been overturned by the Supreme Court.
If Congress wants to stop an Executive Order, they can pass a law that conflicts with the Executive Order, they can cut funding for enforcing the order. If Congress passes a law conflicting with the Executive Order, the President can still veto the order, and then Congress has to vote with a 2/3 majority to override the veto.
Remember those? Orders that the President signs that become law. The Constitution doesn't come out and say that the President has the right to issue these, but the Constitution does say that he has the right to enforce laws.
Have you ever heard of the Emancipation Proclamation signed by Abraham Lincoln? Technically, that was an Executive Order. The Emancipation Proclamation was the first step to freeing all slaves in the United States.
The Supreme Court Case you looked at last time came about because an Executive Order was signed giving the Secretary of War permission to put Japanese-Americans in internment camps. The Supreme Court has the right to overturn Executive Orders if they're unconstitutional, but of the thousands of Executive Orders that have been signed, only 2 have every been overturned by the Supreme Court.
If Congress wants to stop an Executive Order, they can pass a law that conflicts with the Executive Order, they can cut funding for enforcing the order. If Congress passes a law conflicting with the Executive Order, the President can still veto the order, and then Congress has to vote with a 2/3 majority to override the veto.
Now we're going to talk a little bit about the court system.
In the last lesson you learned a little bit about the Supreme Court Case of Korematsu vs. United States. The titles of Supreme Court Cases are ______ vs. ______ because there are two sides arguing their point. The Supreme Court functions a little differently than lower courts.
In the last lesson you learned a little bit about the Supreme Court Case of Korematsu vs. United States. The titles of Supreme Court Cases are ______ vs. ______ because there are two sides arguing their point. The Supreme Court functions a little differently than lower courts.
A court case is heard in a lower court and has to be escalated to a higher level. So a lower court has already made a decision before the case was escalated. When the Supreme Court hears a case there are no witness testimonies or evidence presented, that was already done in a lower court.
The STATE and the FEDERAL GOVERNMENT each have their own court system. It takes a lot of work for a case to make it all the way up to the United State's Supreme Court.
Many states actually have their own Supreme Court. Utah has a Supreme Court for our state. Then if they can't settle the case, they can ask the United States Supreme Court to hear the case.
The STATE and the FEDERAL GOVERNMENT each have their own court system. It takes a lot of work for a case to make it all the way up to the United State's Supreme Court.
Many states actually have their own Supreme Court. Utah has a Supreme Court for our state. Then if they can't settle the case, they can ask the United States Supreme Court to hear the case.
Take a look at this Google Doc which shows a diagram of the court systems. (You'll have to sign in to your Pioneercharterschool.org e-mail address. If you've never done that before click here for instructions)
The first page in the Google Doc has a diagram of how some of the state court systems are set up, and a diagram of how the federal court system is set up. The second page is specifically how Utah's court system is set up. Watch this YouTube video that explains a little more how the court system works:
The first page in the Google Doc has a diagram of how some of the state court systems are set up, and a diagram of how the federal court system is set up. The second page is specifically how Utah's court system is set up. Watch this YouTube video that explains a little more how the court system works:
It is the United State's Supreme Court's job to interpret the Constitution. This concept is called Judicial Review. They look at cases and they can declare something 'Constitutional' or 'Unconstitutional'.
This is where some people differ in their views. There are two main views on how the Constitution should be interpreted. These views are: Strict Constructionists and Loose Constructionists.
These are ways that people think the Constitution should be interpreted. Those who have Strict Constructionist views believe that we should stick pretty closely to the Constitution. They believe that if the federal government wants to do something that they don't have the power given to them in the Constitution they shouldn't be able to do it. Strict Constructionists want to interpret laws by looking at the Constitution and asking themselves 'what was the intent of this law and how can we uphold that intent?'
Loose Constructionists see the Constitution in a looser sense. They believe the Constitution should be adapted as times change. They believe, generally, that if the federal government wants to do something, but the power isn't spelled out in the Constitution, that the federal government should have more power. The Loose Constructionists think that the federal government should have more implied powers, and that it is the job of the government to keep the people happy and to keep life fair.
Generally those who are Strict Constructionists are more conservative while Loose Constructionists are more liberal.
The reason we're talking about this in the middle of talking about the court system, is that the 9 Justices (judges) in the Supreme Court are supposed to interpret the Constitution, but they have different views on how they should interpret the Constitution. Looking at past court cases you can see that some decisions were made based on a loose interpretation and some were made based on a strict interpretation.
In the next lesson we'll talk more about specific Supreme Court decisions and how they have affected our country.
This is where some people differ in their views. There are two main views on how the Constitution should be interpreted. These views are: Strict Constructionists and Loose Constructionists.
These are ways that people think the Constitution should be interpreted. Those who have Strict Constructionist views believe that we should stick pretty closely to the Constitution. They believe that if the federal government wants to do something that they don't have the power given to them in the Constitution they shouldn't be able to do it. Strict Constructionists want to interpret laws by looking at the Constitution and asking themselves 'what was the intent of this law and how can we uphold that intent?'
Loose Constructionists see the Constitution in a looser sense. They believe the Constitution should be adapted as times change. They believe, generally, that if the federal government wants to do something, but the power isn't spelled out in the Constitution, that the federal government should have more power. The Loose Constructionists think that the federal government should have more implied powers, and that it is the job of the government to keep the people happy and to keep life fair.
Generally those who are Strict Constructionists are more conservative while Loose Constructionists are more liberal.
The reason we're talking about this in the middle of talking about the court system, is that the 9 Justices (judges) in the Supreme Court are supposed to interpret the Constitution, but they have different views on how they should interpret the Constitution. Looking at past court cases you can see that some decisions were made based on a loose interpretation and some were made based on a strict interpretation.
In the next lesson we'll talk more about specific Supreme Court decisions and how they have affected our country.
Assignment 9
1. What is Judicial Review? Give an example of when the Supreme Court used Judicial Review
2. What is the difference between Loose Constructionists and Strict Constructionists? Give an example of each
3. What is an Appellate court? (see Google Doc) When and why would you use this type of court?
4. How many judges are on the Utah Supreme Court?
5. Which court system, Federal or State, handles more cases each year?
2. What is the difference between Loose Constructionists and Strict Constructionists? Give an example of each
3. What is an Appellate court? (see Google Doc) When and why would you use this type of court?
4. How many judges are on the Utah Supreme Court?
5. Which court system, Federal or State, handles more cases each year?
Standard 2 Objective 1: B & C and Objective 2: A