112th is the current Congress.
Johnny Isakson is Georgia
Saxby Chamblis is Ga’s Sr. Senator, he was re-elected in 2008
Per the Connecticut Compromise, legislators originally selected Senators; the 17th Amendment (“Direct Election of Senators”) changed that.
Page 52: CONGRESS…article 1, constitutional requirements:
HOR: SENATE:
Members: 435 100
Term: 2 years 6 years
Age: =/>25 YOA =/>30 YOA
Legal resident and inhabitant of state/district rep’d …state rep’d
Legal resident of state defined in Georgia Illinois
You can become a member of either house if you are a natural-born or naturalized citizen. If either parent is a US US
Indentured Servants; they had to work off debts after they immigrated.
Article I, Section 2, Clause 3: Indentured servants are unconstitutional per the 13th Amendment. The 13th, 14th and 15th Amendments are known as the Civil War Amendments.
Census- done every 10 years per USC, in year that ends in a zero; 2010 was the last one, each state is guaranteed at least one Representative. Numbers of Reps are proportioned based on census. Alaska Sunbelt ; from the NE to the Mid-West after WWII.
No need to remember, but: based on 2010 census,
States gaining seats: FL, AZ, NV, SC, UT, WS (?) and TX
States losing seats: NY, OH, IL, LA, MS, MO, NJ, PA
CA has gained everytime except this time…it neither gained nor lost seats in 2010
Redistricting (Gerrymandering) begins with census…every 10 years: 2010 was last.
US Congress has to sign-off on redistricting plan.
2000-2002 was a redistricting period. Maps were drawn by each State Legislature. After 2000’s census, Texas State
In 2000, in Georgia
GERRYMANDERING- the drawing of congressional districts in such a way as to include or exclude certain groups of people on purpose for political advantage.
2 types:
- Racial- USSC ruled that racial gerrymandering is unconstitutional and is illegal….IF you can prove in court that it was racially motivated.
- Political- (partisan) is not illegal.
Demography- the study of people (defined as the science of vital and social statistics, as in the births, deaths, diseases, marriages, etc., of a population.
Demographics- the use of demography in numbers?
Ethnic minorities Every ethnic group in the US
Each legislative district must be roughly = in population.
Every major urban area has a higher population of minorities.
It is better to use the term “ethnicity” than “race”; there is no such thing as different races. There is only one race – the human race! The term “race” is used to discriminate.
Again, our US Senators are Saxby Chamblis, (the Senior Senator), and Johnny Isakson, (the Junior Senator).
Currently there are 13 US Georgia
Austin Scott is from the 8th , Sanford
Book of interest: “Why Americans Hate Congress, but Love Their Congressmember”
How do political scientists explain why those surveyed say congress sucks, and then 90% of Congress members get re-elected? Since the early 1960’s, since political scientists have been studying this, incumbents get re-elected ~90% of the time. WHY?
“INCUMBANCY ADVANTAGE”
- NAME RECOGNITION is higher than the challenger’s is. They are usually better known despite the fact that 2/3rds (66%) of people surveyed could not name their congress members. That is - one Representative and two Senators – total of just three!
- FRANKING PRIVILEGE- “free mail” (there’s no such thing, we all pay for it!); members are allowed to mail-out official business to their constituents – except during the last 90 days prior to an election. The postage stamp is the signature of the member. YOU CANNOT SAY ANYTHING ABOUT AN ELECTION IN FRANKED MAIL.
- POLITICAL ACTION COMMITTEES – raise money in name of a group, then give money to candidates who support their cause. Example: NRA. On average, there is an advantage to the incumbent because (on average) ~80% of PAC money goes to the incumbent, ~20% goes to the challenger.
- PACs gives more money to incumbents more often because they are backing the winner 90% of the time.
- PACs tend to give money to both candidates, but not the same amount. Not all their money is “in one basket”.
- RUNNING ON THEIR RECORD – which is more + than -.
- EARMARKS (pork barreling)…bringing home the bacon (PIGS!)…Remember Senator “Pothole” D’Amato singing ‘ole McDonald…’after years of getting earmarks?
- It is pork barreling unless you are being advantaged by it!
- All secretly gorge themselves on pork-barreling.
- CASEWORK- think of Grandma’s missing SSAN check; campaign manager using media to promote recovery…
- USE OF BUREAUCRACY- (“federal bureaucrats”); such as civil service employees – who are not elected – not talking about the military members.
DEMOGRAPHICS OF CONGRESS…. (“THE PEOPLE’S BRANCH”)
Effective January 2011, we are currently in the 112th Congress.
LOOK FOR TRENDS, NOT NECESSARILY %’s;
but remember: 90% of incumbents get re-elected
and ~80% of PAC $ goes to incumbents and ~20% goes to challengers.
How many members constitute a majority in the HOR?
(218)…because there are 435 members!
The Senate? (51)…of 100 members!
What is the population of the US
~310 million
CATEGORY USA
FEMALES (MSC) 52% 17% 15
“LATINO” (Hispanic Americans) 16% 5% 2
AFRICAN AMERICANS 13% 10% NONE
ASIAN AMERICANS 5% 2% 2
AVERAGE MEMBER OF CONGRESS:
- MALE
- WASP (White, Anglo{English}, Saxon{European/German}, Protestant{Christian, but not Catholic})
- Middle-age (40-70’s)
- college educated
- lawyers
WHIP- used by political leaders to keep members in line...”They count noses and twist arms”.
“WHIP COUNT”- WHEN THE WHIPS COUNT NOSES AND TWIST ARMS...WHIP COUNTS ARE NOT SECRET, THEY ARE SHARED!
112th LEADERSHIP IN THE HOR: controlled by Republicans
SPEAKER- John Boehner, Republican, (Ohio
MAJORITY LEADER- Eric Cantor, Republican, VA
MINORITY LEADER- Nancy Pelosi, Democrat, CA
MAJORITY WHIP- Kevin McCarthy, Republican, CA
MINORITY WHIP- Steny Hoyer, Democrat, MD
112TH LEADERSHIP IN THE SENATE- controlled by Democrats
PRESIDENT- Joe Biden, Democrat, (DE), Vice-President, casts tie-breaking vote
PRES PRO TEM(PORE)- Daniel Inouye, Democrat, (HI), 4th in line to be Pres.
MAJORITY LEADER- Harry Reid, Democrat, (NV)
MINORITY LEADER- Mitch McConnell, Republican, (KY)
MAJORITY WHIP- Dick Durbin, Democrat, (IL)
MINORITY WHIP- Jon Kyl, Republican, (AZ)…(retiring next year)
SPEAKER OF THE HOUSE has the most power in the HOR.- (John Boehner)
MAJORITY LEADER has the most power in the Senate.- (Harry Reid)
WHO IS 5TH IN LINE TO BE PRESIDENT?
Hillary Clinton; Secretary of State
A Search for “Congressional Record- GPO ACCESS ONLINE” led me to “FDSYS”, the Federal Digital System. It is labeled as “America
Included are these… Featured Collections
§
gpo.gov is the website that leads you to FDSYS. GPO is the Government Printing Office.
Our hand-out: “How a Bill Becomes Law” was from CQ WEEKLY.
That is also accessible from gpo.gov.
Party and seniority drive committees. The majority party controls every committee; chairpersonship is likewise controlled. In the 112th Congress, the Republicans control the HOR, the Democrats control the Senate.
Three ways to introduced bills:
- the HOR
- the Senate
- and the most common route….thru both - Simultaneously !!
Article I, Section VII; all bills for generating revenue must originate in the HOR.
Again, we are in our 112th Congress. A length of Congress is for 24 months. Every Congress ~15,000 bills will be introduced. Of those, ~10% become law. Most bills never become law because they are not voted upon. Any one of us, including the president, has to get a member of Congress to sponsor a bill and introduce it into Congress. It can be ANY member, not necessarily yours.
When a bill is introduced into Congress, its introduction is called “First Reading”. It is unlikely that the full text will be read during the 1st reading. The title and the abstract are usually read then.
In the HOR, all 435 members are introduced to the bill, which has been assigned a “docket number”. For example, in the HOR the bill may be numbered HR 69, meaning that the bill is the 69th bill to be introduced into that congress. The bill will also be labeled according to what type of bill it is (…i.e. Ag. Bill). The bill will then be sent to a “Full (or a Standing)” committee. HR Ag Committee is a standing committee. From the standing committee the bill gets sent to a subcommittee. This is a smaller committee. For example, there may be 51 members on the full committee and only 21 on a subcommittee. The subcommittee is where the vast majority of legislative business takes place. Members do not jump committees because seniority and party controls parties and chairs. In the subcommittee there are three steps taken with a bill’s processing.
- HEARING- This is open to the public. Members of the public can have their name put on a SPEAKER’S LIST.
- MARK-UP- changes are made to the bill during mark-up.
- VOTE- a simple majority of the subcommittee is required to pass the bill back to the Full/Standing committee. MOST BILLS NEVER BECOME LAW BECAUSE THEY ARE NEVER VOTED ON! This is because the party of origin controls the voting process. If the bill languishes there, it never is voted on, and it is considered to have been pigeonholed.
Only if the bill passes the vote in the subcommittee does it go on to the Full Committee.
It will then have to undergo the 3 step process that it endured in the subcommittee:
- Hearing
- Mark-up
- Vote
If a bill passes a Full Committee, it can then go to the RULES COMMITTEE. The RULES COMMITTEE DOES TWO THINGS:
- SET THE CALENDAR for the date and time to begin.
- SET THE NUMBER OF HOURS OF DEBATE
(EXAMPLE A 100 HOUR BILL)
Floor Action; floor debate: = “SECOND READING
- Time is limited
- The time is split between the two parties
- Names and times desired are put on a Speaker’s List
- The Pro side always begins first. The con side then gets an equal amount of time. (Pros and Cons)
The Lectern is called “The Well” of the House.
FLOOR AMENDMENTS-amendments must be “germaine”. Germaine means closely or significantly related; relevant or pertinent.
A “RIDER”, A NON-GERMAINE AMENDMENT, IS NOT ALLOWED IN THE HOR!
- CLOSED RULE- means no amendments may be added.
- OPEN RULE- means amendments may be added.
IN THE HOR, AFTER FLOOR DEBATE, BEFORE VOTING ON THE BILL, THERE IS A VOTE ON ADDING AMENDMENTS.
AFTER THE VOTE ON ADDING AMENDMENTS, THERE IS THE VOTE ON PASSAGE OF THE BILL.
THIS VOTE ON PASSAGE IS CALLED “THE THIRD READING
Again, the first job as a member is to decide what committee a member wants to be on.
The Speaker of the House is usually elected by a vote by the majority party. This is called a “Party Caucus” by the Democrats; “Party Conference” by the Republicans.
BEFORE LISTENING TO THIS VIDEO:
SCROLL DOWN TO THE PURPLE BOX LABELED "YAKKING KAYAKER'S PLAYLIST"
AND USE YOUR CURSOR TO STOP THE PLAYLIST MUSIC
BY CLICKING ON THE CIRCLE THAT HAS VERTICAL "EQUAL SIGNS".
BEFORE LISTENING TO THIS VIDEO:
SCROLL DOWN TO THE PURPLE BOX LABELED "YAKKING KAYAKER'S PLAYLIST"
AND USE YOUR CURSOR TO STOP THE PLAYLIST MUSIC
BY CLICKING ON THE CIRCLE THAT HAS VERTICAL "EQUAL SIGNS".
Method #3 of Introducing a bill into Congress:
Remember HR 69?
It has been introduced and is making its way through the HR.
The Senate has introduced a similar bill: S29.
The “first Reading
During the First Reading
I
At the standing committee (example here is Ag Committee), 21 members may have been introduced to the bill.
I
After a standing committee, 11 members may be introduced to the bill in a sub-committee
- The subcommittee is where most bills die.
- Most bills are never even voted on.
- Most Congressional business occurs in committees.
- This is an information gathering session.
- There are three steps that bills must pass to survive the subcommittee (and full committee)
- Hearing…this is an open forum to the public. Names can get put on a speaker’s list.
- Mark-up …changes are made to better craft the bill.
- Vote…if it is a “NO” vote, then the bill is dead. It takes a simple majority to pass. If it passes the subcommittee, it then goes back to the full committee, where more hearings and revisions may occur. Full committee may approve the bill and recommend its chamber pass the proposal. If it is not approved by the full committee, no action is taken, ending further consideration of the bill…and it is a dead bill?!
· There is no Rules Committee in the Senate.
· Debate is not timed in the Senate…no limit on debate in Senate.
· The Senate Majority Leader (currently Harry Reid) will
“Set the Calendar” …ballpark date/time (determine priority) for the 2nd reading.
During the Second Reading
A Filibuster happens only in the Senate. That is usually only done by the minority party.
The purpose of a filibuster is to
- prevent its passage by talking it to death- ( a Senator can yield to another Senator and “tag-team” filibuster),-
or
- force changes
- the # of threats and actual filibusters have increased dramatically n the past decade. A Seantor can read anything to hold the floor!!!
- SENATORS SPEAK FROM THEIR DESKS, NOT FROM A “WELL”. (The lectern of the HR is called “The Well”.)
CLOTURE RULE- can cut-off filibuster. The specifics are not necessary to know for test. …Only after 30 hours…it takes 3/5ths of the Senators (60) to shut down a filibuster. If a cloture vote fails, they can’t call for another Cloture Vote until after another 30 hours of debate.
FLOOR AMENDMENTS – in Senate they don’t have to be Germaine; they can be a “RIDER”.
A VOTE ON FLOOR AMENDMENTS MUST PROCEED THE VOTE ON THE BILL.
THE “THIRD READING
(? INCLUDES VOTES ON AMENDMENTS????)….includes ”RIDERS”!
If HR and S bills are not identical, bills go to CONFERENCE COMMITTEE. Members from the majority party of the subcommittee are the ones sent because they are most familiar with the bill.
CONFERENCE COMMITTEE tries to write a compromise bill. This is where a “RIDER” can make it into the HR.
This compromise bill is now called a CONFERENCE REPORT.
There is no amending the bill after a Conference Report is written.
The Conference Report is then sent to each chamber. IF it passes in both chambers, it is then sent to the president.
24 months is the maximum amount of time that a bill can survive. Nine to twelve months is the average lifespan of a bill. Four months is nearing record time for passage.
TERMS:
- TRUSTEE- (TRUST) EXPECTED TO VOTE INDEPENDENTLY based on their judgment of the circumstances.
- DELEGATES- (PROXY) EXPECTED TO VOTE (REPRESENT) THE VIEWS OF THE CONSTIUENTS. The HR are more delegate-oriented than the Senate…so are the newly-appointed; because they are trying harder to get re-elected.
THE PRESIDENT HAS 10 DAYS (EXCEPT SUNDAYS) TO SIGN OR VETO A BILL. IF THEY SIGN IT, IT BECOMES LAW.
IF THEY VETO IT, NONE OF IT BECOMES LAW…
UNLESS CONGRESSIONAL OVERRIDES THE VETO WITH A 2/3rds VOTE. (“Congressional Override”). This has happened TO ONLY 4% OF VETOS.
If Congress is in session, and the president doesn’t sign it, it becomes law
- after 10 days (excluding Sundays).
If Congress is NOT in session, and the president doesn’t sign it, it is a POCKET VETO.
(after 10 days excluding Sundays)
Pocket Veto can only be used if Congress has gone into adjournment!!!
IN 1996 THE LINE-ITEM VETO WAS SIGNED INTO LAW BY PRESIDENT CLINTON.
HOWEVER, THE USSC RULED IT AS UNCONSTITUTIONAL.
THERE ARE NO LINE ITEM VETOS AT THE NATIONAL LEVEL
…but 43 states have it!
The only way to have a line-item veto would be….by an amendment to the USC.
Article II,
The Executive Article
(President or VP Qualifications)
Section 1;
- President is elected to serve a four-year term; The 2-term limit was established by the 22nd Amendment. The maximum # of years a President can serve?....10! Because they can serve up to two years of a predecessor’s term and then their two terms.
- Must be a natural-born (not naturalized) citizen (or a citizen of the
US - jus soli – by place of birth
- jus sangrias – by blood; either both or just one parent is a natural-born
US
- =/>35 years of age at time of swearing-in
- 14 years resident of US; there has been no constitutional ruling to define exactly when this is interpreted to be. The USSC would have to interpret this.
National Public Radio (NPR) in Macon
Section 2; Powers and Duties of the President
- Qualifications of VP are the same as Q. of Pres.
- Head of Military, civilian-elected, “Commander-in-Chief”
- President pardons, but can’t pardon after an impeachment, done only in a federal court
- Negotiates treaties which must also be ratified by 2/3rds the Senate (=/>67) examples:SALT and START (recently with
Russia - Picks cabinet members and federal judges, who must be confirmed by the Senate, exceptions are “recess appointments”, which are people who fill position until next session of Congress.
Section 3; State of the Union Address, given “from time to time”, yearly since President Washington
Section 4; Impeachment- for treason, bribery, and “other high crimes and misdemeanors” (–never defined by USSC)
Cabinet;
Political appointees, when canned, are“asked to tender their resignation”, they are never “fired”. They are “picked by president, confirmed by the Senate”.
4 major members we need to know:
Treasury- Timothy Geithner
State- Hillary Clinton
Defense- Robert Gates (a hold-over from the Bush Administration)
Justice- Eric Holder
Human and Health Services spends 1/3rd of US
Solicitor General represents the US
EOP – Executive Office of the President (the brain of the executive branch,).
· it coordinates and controls executive branch
· The president is the “Chief Executive”, AKA the “Commander in Chief”
· Created by FDR in 1939 as part of “New Deal” (Social Security Administration, USDA, etc… was part of New Deal)
CEA- Council of Economic Advisors (economics: “the dismal science”)
· 3 members
· picked by president, confirmed by Senate
· economic professors, usually picked from education
· also involved with writing the budget
· advises the president about the economy (prognosticate)
· Annual report of the CEA influences the market and ____?____.
OMB- Office of Management and Budget (used to be the Bureau of the Budget- until 1970)
· central presidential staff agency
· oversees all departments w/i executive branch
· eyes and ears of executive branch
· also directly involved with helping the president write the budget
NSC- National Security Council (not in cabinet)
- includes Vice-President,
Secy State - created by N.S. Act of 1947
- United Nations created in 1947
- Post WWII, cold war with Soviets (who were our allies in WWII), an attempt to prevent the spread of Communism, clashes of ideology, “chilled diplomatic relations”…
Vietnam Korea
1989- symbolic end of cold war, collapse of BerlinWall, same year USSR
“Nuclear Club”- countries with N. weapons (“sunk costs”- you never get your $ out)
Budget Process- 2 types of Budgeting
- Executive budgeting- executive branch writes proposed budget (president at national level, governor at state level)
- Incremental budgeting- includes incremental increases over last budget. Example: after a $101 billion budget, USDA anticipates a need of $103 Billion, they therefore request $106 billion based on incremental increases in costs.
Fiscal (financial)Year= FY
- US= October 1-September 30
- Ga= July 1-June 30
Budget Loop- all US
- OMB submits to CEA (Council of Economic Advisors) and to the president.
- The FY budget is circulated between these until the president eventually submits it to Congress.
- The FY budget is sent to the HR first because only HR can initiate bills to ….generate revenue ! (Article I, Section 7, Clause 1…page 53)
- The only branch of govt that can appropriate $ is the legislative branch.
- $ is allocated in quarterly allotments because not all $ is initially available and it prevents spending it all up front.
- The FY 2012 Budget is 3.7 TRILLION DOLLARS !!!
PRESIDENTIAL POWERS IN INTERNATIONAL RELATIONS AND MILITARY QUESTIONS:
- Appellate case argued by the Solicitor General
- Pres. FDR had put an arms embargo on
S. America - C-W Export Corp. was an armament exporter
- The USSC said…”In the area of international relations, and foreign affairs, the president is the sole organ of the national govt.”
- USSC ruled in favor of President FDR
- Whatever the president wants to do…THAT is the position of the country and the
US - This gave the president increased powers.
WPR- WAR POWERS RESOLUTION (War Powers Act) of 1973
Vietnam Nam - The Watergate Scandal had been uncovered and exposed
- President Nixon had even lost support of his Republican party
- Nixon resigned in August of 1974
- Nixon vetoed the WPR of 1973
- A 2/3rds majority overrode his veto
- WPR became law after a congressional override
The WPR of 1973 basically says the president can commit troops if:
- CONGRESS DECLARES WAR (cut and dry…straight out of USC) RAREST - Congress has declared war only 5 times in our history: WWII, WWI, Spanish-American War, Mexican-American War and the War of 1812
- Congress passes a Specific Statutory Authorization (this happened in respect to
Afghanistan Iraq Persian Gulf I and II.)
- A National Emergency is created by an attack on US or its armed forces…OR…..
the president deems the situation to be in the national best interest.
Example: President Clinton sent the US Haiti
A/B/C apply under #3 above only if president has sent military somewhere.
A: “48-HOUR REQUIREMENT”- President has to, within 48 hours of committing troups, send a written statement to Congress explaining why he did this.
B: “60/90 DAY REQUIREMENT”- Forces in combat have to end w/i 60 days unless Congress authorizes a longer period, then another 30 days can be authorized if the president asks for it.
- within the 60/90 day period Congress can
- Declare War
- pass a Specific Statutory Authorization
C: During the 60/90 day period, Congress can order an immediate withdrawal of troops by a “CONCURRRENT RESOLUTION”, which is a bill passed by both houses.
- A Concurrent Resolution IS NOT SUBJECT TO PRESIDENTIAL VETO
- A Concurrent Resolution is an example of a Congressional Veto
Every President (except Obama) since the 1973 passage has ignored the WPR of 1973.
- Reagan sent Marines to
Lebanon Grenada Libya
Congress has two options to enforce
- impeachment
- take president to court
Congress Weekly, January ’91:
- USC conflicting clauses are underscored by
Iraq - It’s a political question
- USSC has never defined what “war” means under USC.
- Federal judges have delayed debate.
Immigration and Naturalization Service (INS) is now US Citizenship and Immigration Service (USCIS).
INS V. CHADHA (1983)
- Involved Legislative Veto
- USSC was asked to decide if L.V. was constitutional or not
- “ A provision written into law, reserving to Congress, the power to reject by majority vote an Act or Regulation by a department or Act of the national government”
- USSC ruled that a L.V. was unconstitutional ; it’s a violation of separation of powers
- This ruling was in favor of the president
- This affects Part C of the WPR of 1973…but doesn’t make Part C unconstitutional ….that’s an assumption because it hasn’t been ruled on !!!
Posted 3-17-11 after several more hours of typing
Constitutional Amendments
22nd- Number of Presidential Terms
25th- Presidential Disability, Vice-Presidential Vacancies
· If VP vacancy, president chooses VP, selection must be confirmed by BOTH HOUSES…President LBJ chose Hubert Humphrey, Nixon chose Gerald Ford, Ford picked Nelson Rockefeller
COURTS
MARBURY V. MADISON (1803)
· ESTABLISHED JUDICIAL REVIEW
· And CHECKS AND BALANCES
Our system is modeled on the British’s
- It is an adversarial system, with an orchestrated organized fight, each side presenting its legal argument…adversary system is defined as a judicial system in which the court of law is a neutral arena where two parties argue their differences.
Two types of Organized Law
- CRIMINAL
- CIVIL…COMMON LAW IS ANOTHER NAME FOR CIVIL LAW
CRIMINAL LAW- Law which defines crime against “the public order” (you and me) and provides punishment. “The People of the state of Georgia
- The government is always the “prosecutor” in a criminal case.
- The “defendant” is the defense.
- The question is always “GUILT”…The defendant is always “innocent until proven guilty”. You are alleged until proven guilty n a court of law.
- The burden of proof is 100% responsibility of the prosecution. The accused must be proven guilty “beyond a reasonable doubt” or else they should be acquitted.
- A jury decides the case; the judge’s job is to ensure that the rules are followed.
CIVIL LAW- Law that governs the relations between individuals and defines their legal rights.
- Torts are civil action
- Common law is another name for civil law
- Plaintiff is the one who brought the suit
- Defendant is the one whom is being defended.
- Vast majority do not involve the govt, but the govt can be involved; battery is a criminal and a civil crime.
- Guilt is not the question. THE QUESTION IS LIABILITY!
- You CANNOT BE FOUND GUILTY IN A CIVIL COURT !!!
- You can be found LIABLE! If LIABLE, YOU PAY for damages:
- COMPENSATORY (actual) damages
- PUNITIVE (such as pain and suffering, or just to be punished)
- You can have compensatory w/o punitive damages
- You cannot have punitive w/o compensatory damages
- If you are found guilty in a criminal court, you will be “toast “ in a civil court.
- The BURDEN OF PROOF : A “PREPONDERANCE OF EVIDENCE”. For the jury it is an issue of “Who do you believe the most”.
- There is no jail in civil court…unless you’re in contempt of court.
- In criminal court you can plead the 5th Amendment. There is no pleading the 5th in civil court. If you refuse to answer, you will be held in contempt of court. CONTEMPT IN COURT=JAILTIME!
REMEMBER THE AMENDMENTS THAT APPLY TO COURT CASES?
- 4TH- SEARCHES AND SEIZURES
- 5TH- GRAND JURIES, SELF-INCRIMINATION, DOUBLE JEOPARDY, DUE PROCESS, EMINENT DOMAIN
- 6TH- CRIMINAL COURT PROCEDURES
- 7TH- TRIAL BY JURY IN COMMON LAW CASES
- 8TH- BAIL, CRUEL AND UNUSUAL PUNISHMENT
- 11TH- SUITS AGAINST THE STATES
- 14TH- CITIZENSHIP, DUE PROCESS, EQUAL PROTECTION OF THE LAWS
STARE DECISIS- means “let the decision stand”. When a court has made a decision, a future court looks back at a previous case and “let the decision stand” (stare decisis). This is also known as “the rule of the precedent” whereby a rule or law contained in a judicial decision is commonly viewed as binding judges whenever the same question is presented.
Stare decisis:
let the decision stand- EXAMPLES:
NO-
AFTER
PLESSY V. FURGUSON (1896)
Plessy sued Furguson and argued for = protection and due process based on the 14th Amendment. The USSC ruled with an opinion “separate but equal is legal”, effectively supporting the Jim Crow laws.
BROWN V. BOARD OF EDUCATION (1954)
In this Topeka , Kansas
YES-
AFTER
ROE V. WADE (1973)
Ruling opinion stated that female has the right to terminate a pregnancy.
PLANNED PARENTHOOD V. CASEY (1992)
“We fundamentally reaffirm the ruling made in Roe v. Wade”
FEDERAL JUDGES- REQUIREMENTS
Under the USC there are
- no education requirements
- no age requirements
- no residency requirements
However, judges are usually experienced at the state level. They are “PICKED BY THE PRESIDENT, CONFIRMED BY THE SENATE”. They “serve a life sentence” unless impeached or they choose to retire. Impeachment is by the House; trial is per the Senate.
Structure of US Judiciary: Georgia
USSC GA Supreme Court
I I
US Courts of Appeal (we live in the 11th ) GA Appellate Courts
I I
US District Courts (where original jurisdiction is) GA Trial Courts
A state supreme court appeals to the USSC.
If you appeal a case, you appeal to the “federal circuit”….US.
If one state sues another, it goes directly to the USSC.
Most cases heard by the USSC are heard on appeal.
A “writ of certiorari” is a legal formal requesting of the USSC to hear a case.
By “RULE OF FOUR” at least 4 justices must say they want to hear the case before it can become a USSC case.
USSC CASES
- BOTH SIDES SEND WRITTEN ARGUMENTS
- THEN THERE ARE ORAL ARGUMENTS
- THEN DELIBERATIONS
- THE WRITING OF OPINIONS IS ASSIGNED
- MAJORITY OPINION- is always the ruling of the court
- CONCURRING OPINION- agreed with ruling, disagreed with reasoning
- DISSENTING- disagreed with ruling
Amicus Curiae Briefs- “a friend of the court”…You are NOT a direct party to the case. Amicus Curiae Briefs are filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
Legal Citation: example……410 US
(found in volume 410, opinion begins on page 113).
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