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Constitutional Law 101
2013 Legal QuadriviumLinda Jean Carpenter, Ph.D., J.D.
In the beginning . . .
Executive
Legislature
Judiciary
In the beginning . . .
Judiciary
Article
3
In the beginning . . .
Judiciary
October . . . by statute
End of July. . . by
custom
In the beginning . . .
JudiciaryCourtroom 82 by 91 feet
In the beginning . . .
JudiciaryCourtroom 82 by 91 feet
Completed in 1935
In the beginning . . .
JudiciaryCourtroom 82 by 91 feet
Completed in 1935
Cost:9 million
9 on the Court
9 on the Court
. . . since 1869 by statute
9 on the Court
8 Associate Justices +1 Chief Justice
9 on the Court
. . . since 1869 by statute
Court packing
I’ll take it to the Supreme Court !
You think so???
Original Jurisdiction
Original JurisdictionAppellate Jurisdiction
9000 casesAppellate Jurisdiction
100 decisions
9 on the Court
4 to hear
9 on the Court
4 to hear
Writ of certiorari
9 on the Court
4 to hear
RecusalIllness
Vacancy
6 to decide
Tick Tock Tick Tock
•Arguing a case
Judgment Day
Opinions
Judgment Day
Opinions
Majority 1+1+1+1+1 . . .
Judgment Day
Opinions
Majority
Concurring
Judgment Day
Opinions
Majority
Concurring
1+1+1+1+1 . . .
Judgment Day
Opinions
Dissenting
State Actor
Non-State Actor
Who has to honor yourConstitutional rights?
Who has to honor yourConstitutional rights?
State Actor
YesNon-State
Actor
No
Standards of Review
Mild Scrutiny‘rationally related to a
legitimate state interest’
Standards of Review
Strict Scrutiny‘necessary to accomplish
acompelling state
interest’
Standards of Review
Mild ScrutinyNebulous middle level Strict Scrutiny
Standards of Review
Strict Scrutiny‘necessary to accomplish
acompelling state
interest’Fundamental rightsSuspect classifications
Sources of Most Issues
•Amendments to the
Constitution
Public School Penguin Pickleball Team Tryouts
Public School Penguin Pickleball Team Tryouts
No Small Gray Penguins Allowed
Public School Penguin Pickleball Team Tryouts
No Small Gray Penguins Allowed
State Actor?Constitutional Issue?Suspect Class?Scrutiny?
Constitutional Law 101
2012 Legal QuadriviumLinda Jean Carpenter, Ph.D., J.D.
