You are on page 1of 14

Congratulations Kate

The Judicial Branch


THE ASSAS POST ISSUE 70 44

The Boston Tea Party

Carla Bruni-Sarkozy apologises

Equity Law
UNIVERSITE PANTHEON ASSAS PARIS II

31.10.2011 11.12.2012

A STUDENT NEWSPAPER FOR ENGLISH TRAINING

America

advanced

Vocabulary
a streak: a quality that is noticeable especially because it is different from other qualities to levy: to raise to muster: to gather to together especially for battle or war to curtail: to reduce or to limit a beverage: a drink to smuggle: to move something from one country into another illegally and secretly nooks and crannies: small openings or spaces to repeal: to officially make a law no longer valid law-abiding: obeying the law a Redcoat: a British soldier of the 18th and early 19th centuries and especially during the American Revolution duties: a tax on goods being brought into a country a ploy: a clever trick or plan used to get someone to do something laden: loaded heavily with something; carrying a large amount of something to dump: to get rid of bold: courageous wrath: anger wickedness: evil fife: a musical instrument that looks like a small flute this article is written in American English

On December 16th, 1773, more than 5,000 colonists met at the Old South Meeting House to decide the fate of three shiploads of tea docked in Boston Harbor.

The Boston Tea Party


were created to serve the Crown and Parliament. Mainly, England used the colonies as a way to raise revenue. England taxed many products sold in America. Parliament, which had no representatives from the colonies to contradict its decisions concerning America, decided to monopolize and control the importation of tea to the colonies. The tea tax was as high as 25%, which

any events led to the American Revolution. While no one event can be pointed to as the actual cause of the revolution, the war began as a disagreement over the way in which Great Britain treated the colonies versus the way the colonies felt they should be treated. Americans felt they deserved all the rights of Englishmen. The British, on the other hand, felt that the colonies

angered the colonists. It should be noted, too, that from a geographical point of view the distance of the colonies from Great Britain created an independence that was hard to overcome. Those willing to colonize the new world generally had a strong independent streak desiring new opportunities and more freedom. Also, the existence of colonial legislatures meant

Issue 70 11.12.2012 The Assas Post

advanced

America

http://www.oldsouthmeetinghouse.org/osmh_123456789files/AnnualReenactment.aspx http://www.huffingtonpost.com/2012/11/26/boston-tea-party-was-act-_n_2193916.html http://americanhistory.about.com/od/revolutionarywar/a/amer_revolution.htm http://www.landofthebrave.info/boston-tea-party.htm http://www.friendsoffortpointchannel.org/239th-anniversary-boston-tea-party-annual-reenactment http://www.huffingtonpost.com/2012/11/26/boston-tea-party-was-act-_n_2193916.html http://www.boston-tea-party.org/in-depth.html

that the colonies were in many ways independent of the Crown. The legislatures were allowed to levy taxes, muster troops, and pass laws. Over time, these powers became rights in the eyes of many colonists. When they were curtailed by the British, conflict ensued. The future leaders of the United States were born in these legislatures.

How did all this trouble over tea begin?

Tea was imported regularly to the American Colonies starting in the early 1720s. By the 1760s, colonists were consuming 1.2 million pounds of tea a year. Both men and

women had come to enjoy it as an everyday beverage, although it was more popular among the ladies of cosmopolitan communities such as Boston. England soon realized that it could make more money on the tea trade by imposing new taxes. This made English tea very expensive. In response to the increase in the price of English tea, colonists began smuggling cheaper tea from Holland. While Parliament knew about the smuggling, it had a hard time enforcing the law. There were not enough customs officials in the colonies, and the nooks and crannies of the American coastline made it easy to find

ways to smuggle goods into the colonies. In 1767, Parliament responded to smuggling by passing the Indemnity Act. This repealed the duty on tea and made English tea the same price as Dutch tea. This pleased both the English East India Company and lawabiding colonial merchants. However, Parliament also passed the Townshend Acts in 1767, which once again put a tax on tea. The colonists protested against the taxes for many reasons. They believed that Britain was unfairly using the taxes to help pay for British troops sent to America during the French and Indian War

(1754-1763). Perhaps most importantly, they felt that Parliament did not have the right to tax them because the American colonies had no representative in Parliament. The colonists believed that only taxes they were able to vote on were legal. In the late 1760s and early 1770s, many Bostonians became increasingly angry at the way they were treated by the British government. Bostons patriots were outraged by the arrival of British troops sent to keep order in 1768. They considered the Redcoats quartered in Boston a challenge to their liberty. On March 5th, 1770, tensions

The Assas Post

11.12.2012

Issue 70

America

advanced

erupted when British soldiers fired into a menacing crowd, killing 5 men. This event is referred to as the Boston Massacre. The Sons of Liberty, a group of colonists organized to protest English rule, warned merchants, artisans, and others that more unjust laws would follow. Colonists began to boycott British goods to protest taxes. As tea was the most common and widely used of the newly taxed items, attention was focused on the tea tax. The anti-British movement and the boycott of British goods were successful. In the spring of 1770, Parliament repealed the Townshend Acts and the duties on all items except tea. On May 10th, 1773, the British Parliament passed the Tea Act of 1773. This act allowed the English East India Company to sell tea in the American colonies at bargain prices but there was still a tax on the tea. Patriot leaders believed the cheap tea was a ploy to get them to accept Parliaments right to tax the colonies.

Under the Tea Act, the East India Company could ship tea directly to the American colonies, where it would be sold by a specific group of merchants. These merchants were called tea consignees, and were the only merchants in the colonies who could be allowed to sell the tea. All of these merchants were Loyalists. A consignment of tea, which today would be valued at over $1 million, was due to arrive in Boston in late November of 1773. The Patriots tried to persuade the consignees to refuse the tea through public embarrassment and harassment. The tea consignees refused. At 10 oclock in the morning on December 16th, 1773, a mass meeting of several thousand people gathered at the Old South Meeting House. Led by Samuel Adams, the angry assembly forced Acting Royal Governor Hutchinson to remove the British troops to a fort in the harbor. On that day, over 5,000 men crowded into the Old South Meeting House and joined in a fiery debate on the controversial

tea tax. When the final attempt at compromise failed, Samuel Adams gave the signal that started what is referred to as the Boston Tea Party. That night there were three ships of Britains East India Company lying in port and laden with a cargo of tea. The Patriots were determined to prevent the tea on these ships from being landed on American soil, because if it were, a tax would be due upon it. After hearing word about the Governors refusal to have the tea returned to England, members of the Sons of Liberty began to disguise themselves, some as Mohawk Indians, and made their way down to the harbor. Joined by many more people along the way, these participants dumped 340 chests of tea into Boston Harbor, in the event now known as the Boston Tea Party. The day after the Boston Tea Party, John Adams wrote in his journal that this destruction of the tea is so bold, so daring, so intrepid and so inflexible, and it must have so important consequences and so lasting that I cant but consider it an

epoch in history. The audacity and firmness of the Bostonians were applauded throughout the colonies. But among the Crown Officers in America and the Ministerial Party in Great Britain there was fierce wrath. The news of the Boston Tea Party reached England a few months later. The King had waited for overwhelming evidence of the wickedness of the Americans, which he found in letters from Governor Hutchinson and Admiral Montagu, the consignees of the tea. With various pieces of evidence, the King asked Parliament to devise means for the immediate suppression of the rebellion in the colonies. A bill was then submitted, in the middle of March 1774, for the severe punishment of Boston. It provided for the removal of the Customhouse, courts of justice and government offices of all kinds from Boston to Salem, and forbade every kind of shipping business in the harbor of Boston. It also provided that when the rebellious town should fully and humbly submit to royal authority, the

Issue 70 11.12.2012 The Assas Post

advanced

America

King should have the power to open the port and restore the government business. The 239th anniversary of this historical protest against taxation without representation, will take place on December 16th 2012. All those who would like to relive the Boston Tea Party as if they were there are being invited to participate in the re-enactment of this event. Led by fife and drums, the public is invited to march from the Old South Meeting House to Boston Harbor and follow the same route as the Patriots walked to destroy the tea! The Boston Tea Party is considered to be a major event leading to the American Revolution and is revered in American history. Some say, the Revolution would have been put off until much later, had there been no tea party. But the new Texas education curriculum is trying to offer a new attitude to this event, portraying it as a terrorist act. The issue is igniting fury among the parents and teachers.

Exercise
1. The Boston Tea Party was the first event before the American Revolution. True False 2. The British Parliament was contradicted by representatives from the colonies. True False 3. The participants in colonial legislatures were those who eventually became leaders in the new American government. True False 4. English tea was smuggled into the colonies because it was cheaper than the Dutch tea. True False

True or False

5. British troops were based in Boston to keep the peace. True False 6. Duties on most goods were eliminated after colonists boycotted British goods. True False 7. The Loyalists persuaded the consignees to refuse reception of the tea shipment. True False 8. The Crown Officers in America supported the Sons of Liberty. True False

Please go online for more exercises.

The Assas Post

11.12.2012

Issue 70

France

intermediate

Carla Bruni-Sarkozy has apologised for her very clumsy remarks on feminism that triggered a backlash criticising Frances former First Lady.

Carla Bruni-Sarkozy apologises for clumsy feminism remarks

he 44-year old wife of former French President Nicolas Sarkozy, sparked howls of indignation from womens rights campaigners this week after declaring: In my generation, you dont need to

be a feminist. Instead, she suggested a womans place is in the home with her children. In an interview for the January issue of Vogue magazine, to be published on December 1, she developed her views on the womens

liberation movement, adding: There are pioneers who opened the breach. Im not at all an active feminist. On the contrary, Im a bourgeois. I love family life, I love doing the same thing every day.

Mrs. Bruni-Sarkozy, later sought to clarify her remarks but not before journalists, politicians and feminist groups had pointed out there was still a wide gender divide in France. In a second interview with Elle magazine, she said the sentence was very clumsy and did not translate my thought properly. In a phone interview with Elles French website, an apologetic Mrs. BruniSarkozy said she completely understood why her remarks could be viewed as shocking. This phrase should have read: I have never personally felt the need to be a feminist activist, she told the fashion website. When asked whether she was in fact a feminist, the singer and model said: I imagine I am if feminism means claiming ones freedom. But I am not if it means being committed in an active way to the fight that some women are still leading today. She added: I admire their bravery a lot, but I have chosen to commit myself elsewhere, citing her charity

Vocabulary
clumsy: something said without care that could offend the feelings or views of others to trigger: to initiate,or set off a process a backlash: a violent reaction to spark: to provoke howls of indignation: loud, angry utterances at something considered unjust the breach: a gap in something to point out: to draw attention to a wide gender divide: a large difference between men and women apologetic: sorry, remorseful committed: pledged to, fully involved in to support: to promote the interests or causes of, defended as valid to appease: to quieten, conciliate, satisfy slammed: criticised violently and cuttingly bespoke: custom made, according to the persons needs root: source, origin stats: abbreviation for statistics fluffy: light, soft, airy myopia: a narrow, incomplete view of something solipsism: a theory that the self is the only existent thing, extreme egocentrism to draw fire: to provoke an angry response antidepressants: medication to help depressed, unhappy people

Issue 70 11.12.2012 The Assas Post

intermediate
http://www.independent.co.uk/voices/comment/dear-carla-brunisarkozy-feminism-is-as-relevant-as-ever-in-france-what-a-shame-you-havent-noticed-8368069.html The Independent, November 29, 2012 by Valeria Costa Kostritsky http://www.guardian.co.uk/commentisfree/2012/dec/02/feminisms-over-carla-bruni-sarkozy The Guardian/The Observer, December 2, 2102, by Barbara Ellen http://www.telegraph.co.uk/news/worldnews/nicolas-sarkozy/9711607/Carla-Bruni-Sarkozy-apologises-for-clumsy-feminism-remarks.html The Telegraph, November 29, 2012, by Henry Samuel http://www.standard.co.uk/news/world/carla-brunisarkozy-outrages-feminists-on-twitter-8371616.html London Evening Standard, 30 November 2012

France

Exercise

Multiple-choice

1. Carla Bruni was criticised for her very clumsy remarks on: a) the division in the UMP. b) Franois Hollande. c) feminism. d) none of the above. 2. She suggested that a womans place: a) is to work for a lower salary than men. b) is to be a loyal and obedient wife. c) is in the home with the children. d) none of the above. 3. In her first interview with Vogue, she claimed to be: a) a closet feminist. b) a bourgeois. c) a good wife. d) a mediocre singer. work for education and the fight against Aids. She said that she had on many occasions supported the cause of women and would continue to do so when she could be of use. However, her clarification did not appease critics, including journalists from outside France. In a recent editorial in The Observer, Barbara Ellen, slammed the former First Lady with, In short, Carla has exposed herself as being what I would term a bespoke feminist.. someone for whom feminism has no true core: no root or ideology, certainly nothing as tedious as facts or stats. These types seek to customise feminism to fit in with their own life experiences and worldview. She continued with, This is where the likes of Carla spend their days in a fluffy, moneyed space, suspended somewhere between myopia and solipsism. Carla doesnt subscribe to feminism, rather Carla-ism, or Its all about me-ism. In a caustic attack in The Independent, Valeria Costa Kostritsky wrote Dear Carla Bruni, I love doing the same thing everyday too. Have you read the news recently? In her letter to BruniSarkozy she cited recent events in France such as the reinstatement of a sexual harassment law, and a lenient verdict in a gangrape case which provoked a feminist march in the streets. Feminism is still needed, Carla, when you are made to look 22 on a Vogue cover when youre actually 44. And when ignorant people like you, deny that there is still any need for feminism. Her remarks in Vogue also drew fire from Frances ruling Socialist party, whose minister for womens rights, Najat Vallaud-Belkacem, said: We need everyone to be a feminist. Feminism is the fight for the equality of sexes, not for the domination of one sex over another. Green MEP Corinne Lepage tweeted that while there are no women at the ECB (European Central Bank) we need feminism. Others were quick to point out the inequality of the number of women politicians in France, as well as the fact that on average, women there are paid nearly a third less than men. In the World Economic Forums 2012 gender equality report, France ranks 57th well behind Britain, in 18th place, but also Venezuela and Kyrgyzstan. It ranks almost last overall on the wage equality index 129th out of 135 countries. French women have the most babies in Europe but are also the biggest consumers of antidepressants. 4. Her second interview was with: a) Vogue magazine. b) Le Monde Diplomatique. c) Elle Magazine. d) The Sun. 5. According to Mrs. Bruni, she is involved in: a) funding education for impoverished children. b) the fight against AIDS. c) cancer research. d) all of the above. 6. Carlas ill-conceived remarks drew fire from: a) Valeria Costa Kostritsky. b) Barbara Ellen. c) Najat Vallaud-Belkacem. d) all of the above. 7. Women in France are paid: a) a third more than women in Spain. b) a third less than men in France. c) a third less than women in the UK. d) none of the above. 8. Which country ranks higher than France in the World Economic Forums 2012 gender equality report? a) Britain b) Venezuela c) Kyrgyzstan d) all of the above.

Please go online for more exercises.

The Assas Post

11.12.2012

Issue 70

United Kingdom
Source: http://www.bbc.co.uk/news/uk-northern-ireland-20547136 The BBC, November 29, 2012

easy

Vocabulary
compulsory purchase: a demand made by a public authority to buy land or property from a private owner in order to use the land for public purposes a loan: a sum of money which is borrowed, often from a bank, and that has to be paid back, usually together with an extra amount of money (interest) that you have to pay as a charge for borrowing deceptively: in a way or to an extent that gives a misleading impression to seize: to take forcible possession of market value: the amount for which something can be sold on a given market a burden: a duty or misfortune that causes worry, hardship, or distress compensation: money that is paid to someone in exchange for something that has been lost or damaged or for some problem a landlord: a person or organization that owns a building or an area of land and is paid by other people for the use of it equity: the value of a mortgaged property after deduction of charges against it a homeowner: a person who owns their own home to lose out: be deprived of an opportunity; be disadvantaged plaintiff: someone who makes a legal complaint against someone else in court invoke: to request or use a power outside yourself, especially a law, to help you when you want to improve a situation

System of Precedent and Equity Law help in compulsory purchase case


rules state, he received as payment the market value of the property in 2010. It is true that the property value dropped, but my client, the Department of Social Development, cannot be responsible for paying more than the market value. L: I absolutely disagree! Under European human rights law the compulsory purchase of the house has placed Mr. Kerr under an excessive burden. He has been forced to pay out money and now gets nothing in return. Mr. Kerr should get full compensation to the full value of what he paid for the house and not just the market value at the time it was taken from him. M: Mr. Larkin, on average the current system is fair. Of the 580 houses subject to compulsory purchase, only 54 belonged to landlords in negative equity. Very few homeowners have lost out on the purchase. L: Perhaps, but this client has lost out. The flexibility of equity law puts this client in the right to demand a higher compensation for the sale of his home and the trouble it has put him through. Furthermore, in 2005 in a very similar trial, the plaintiff was granted full compensation of his property costs. We plan to invoke the system of precedent to win this case.

The following is a made-up conversation between a barrister and an Attorney General. John Larkin is defending Joel Kerr, 30, whose home in Belfast was taken from him by compulsory purchase, but is still paying a loan on the property. L: Attorney General John Larkin. M: Barrister, Tony McGleenan. L: In 2007, my client Mr. Kerr bought a home in Belfast. Then, in 2010, the Department of Social Development deceptively took it from him! Kerr paid 150,000 for it, but it was bought from him by compulsory purchase for much less than he had paid. My client was left with no home and 50,000 of debt which he is still paying off. He is currently repaying 600 a month, and has had to rent a room elsewhere. M: Yes, his home along with 580 others was seized when the area was chosen for redevelopment. And as the

Lawyers vocabulary
System of Precedent: a rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases Common Law: the body of legal rules common to the whole country Equity law: a branch of law that developed alongside common law; formerly administered in special courts Case law: the set of existing rulings which made new interpretations of law and, therefore, can be cited as precedents

Issue 70 11.12.2012 The Assas Post

easy

United Kingdom

Grammar

passive voice (in the simple past)

The passive voice is used when the focus is on the action. It is not important or not known, however, who or what is performing the action. Here, we will look at it in the simple past although it can be used with any tense. Form: to be in the past simple + Past Participle My bike was stolen. A letter was written. The windows were closed. We can only form a passive sentence from an active sentence when there is an object in the active sentence: Peter built a house a house was built by Peter. The children ate the cookies the cookies were eaten by the children.

Exercises
Comprehension questions: 1. Joel Kerr sold his home for 150,000. True False 2. Joel Kerr willingly sold his home (it was his decision). True False 3. The barrister feels Kerr should only receive the current market value for the property. True False Grammar Questions:

1. Choose the correct sentence: a. The dog was find yesterday. b. The dog was found yesterday. c. The dog was finding yesterday. 2. Choose the correct sentence: a. The law was passed. b. The law were passed. c. The law was pass. 3. Transform this sentence into the passive voice: The boy opened the windows. a. The windows opened by the boy. b. The windows was opened by the boy. c. The windows were opened by the boy. Vocabulary: Match the images to a word in the vocabulary: 1. Picture A 2. Picture B 3. Picture C

The Assas Post

11.12.2012

Issue 70

United Kingdom

At a glance

Happy royal news! The Duke T and Duchess of Cambridge are expecting a baby

he news that all of Britain has been waiting for Will and Kate are pregnant! is more than just a boon for the babymad media; its a reassuring symbol of continuity for the monarchy and, by extension, the United Kingdom itself. Girl or boy, it means a future sovereign for the British throne is on the way. Its only the second time in 1,000 years of English history that a reigning monarch, greatgrandmother Queen Elizabeth II, would be alive at the same time as three generations of her future sovereign heirs. In effect, her already stable Windsor dynasty is bolstered again. Nearly 20 months after their wedding, Prince William of Wales and his wife, Catherine, Duchess of Cambridge, are pregnant with their first child. The palace made the announcement on Monday, after the Duchess was hospitalized with severe morning sickness. The news was greeted with joy in the UK, transforming stiff upper lips into broad

Exercise

Multiple-choice
5. News of the pregnancy spread via which media? a) Facebook b) TV c) mobile phones d) all of the above 6. The Telegraph reported that the couple had known about the pregnancy: a) for twelve weeks. b) for more than a month. c) for 12 days. d) none of the above. 7. Once the baby is born, Prince Harry will be: a) third in line to the throne. b) fourth in line to the throne. c) fifth in line to the throne. d) none of the above. 8. British Prime Minister David Cameron tweeted: a) that he had sent flowers to the hospital. b) that he had visited Kate at the hospital. c) that he had had a celebratory whiskey with Prince William. d) that the couple will make wonderful parents.

1. What is the happy royal news? a) Kate Middleton is pregnant for the first time. b) Kate Middleton is pregnant for the second time. c) Queen Elizabeth is going to be a grandmother. d) Prince Charles has renounced his succession to the throne. 2. The Windsor dynasty will be: a) strengthened by the new arrival. b) weakened by the new arrival. c) stabilised by the new arrival. d) none of the above. 3. The duchess was hospitalized: a) in order to have an ultrasound test. b) for a monthly check-up. c) because of severe morning sickness. d) none of the above. 4. Which of the following best describes a stiff upper lip attitude? a) panicking in situations of stress b) being inflexible towards others ideas c) restraint in the face of adversity d) none of the above

Please go online for more exercises.

Issue 70 11.12.2012 The Assas Post

At a glance

United Kingdom

smiles across the land, and especially among the media. The news of a thoroughly modern royal pregnancy spread in a thoroughly modern way: via Facebook accounts, TV screens in pubs and train stations, and news

The Telegraph reported that the couple have known for about a month of the pregnancy but did not want to announce it until at least 12 weeks had elapsed, which has become customary even for non-royal couples. But that

The palace said the royal family was delighted


by the news, setting off an avalanche of congratulatory messages and tweets
alerts sent to mobile phones. Brits reacted with thoroughly modern sentiment. I did become quite excited, says Bev Isherwood, an assistant shop manager from North Yorkshire who was visiting London. They seem like a very genuine and happy couple, and it just feels very right.... I feel more happy for them as a couple than for the lineage going on.

became moot after she was admitted to the hospital. The baby, due next year, will be third in line to the throne, now that Britains antique rules of royal succession have been changed to allow a first-born girl to succeed even if she has younger brothers. So this, the most eagerly awaited royal baby since William was born in 1982, will follow grandfather Prince

Charles, 64 (first in line), father William, 30 (second in line), and great-grandmother Elizabeth, 86. Once the baby is born, Williams younger brother, Prince Harry, will move to fourth in line. The palace said the royal family was delighted by the news, setting off an avalanche of congratulatory messages and tweets. British Prime Minister David Cameron tweeted that the couple will make wonderful parents. Even President Obama and first lady Michelle Obama weighed in, congratulating the couple on the welcome news through spokesman Jay Carney in Washington. A ROYAL BABY AT LAST!, shouted the Express online headline, in one typical of the press reaction in the UK. Indeed, the happiest people in Britain may have been the editors of tabloids and celebrity publications, who were eager for the return of the old days of all-royal-babyall-the-time news.

Vocabulary
a boon: a timely blessing or benefit sovereign: a king, queen, or other noble person who serves as chief of state heir: a person who is in line to succeed to a hereditary rank, title, or office to bolster: to support or strengthen sickness: the condition of being sick, unwell or ill a stiff upper lip: a very English attitude of determined endurance or restraint in the face of adversity to spread: to cause to become widely seen or known lineage: direct descent from a particular ancestor; ancestry customary: commonly practiced, used, or encountered; usual moot: of no practical importance; irrelevant eager: having or showing keen interest, intense desire, or impatient expectancy delighted: very happy, ecstatic to weigh in: to participate; give ones opinion a spokesman: a man who speaks on behalf of another or others a headline: the main title or caption of a newspaper article

Source: http://www.usatoday.com/story/life/people/2012/12/03/palace-kate-middletons-pregnant-expecting-duchess/1742541/ USA Today, December 4, 2012

The Assas Post

11.12.2012

Issue 70

10

Case Study any level

CASE STUDY

By Jean-Eric Branaa Matre de Confrences (Universit Paris 2-Assas)


The judiciary of the United States consists of two different systems of courts. On the one hand are the various different kinds of federal courts. On the other hand are the courts of each of the fifty states. For the most part, these two systems operate independently. State courts deal mainly with cases that arise from the application of state laws. Federal courts handle cases that involve the application of federal laws and the interpretation of the Constitution. Since there are two court systems existing side by side, we say that the United States has a dual court system.

THE JUDICIAL BRANCH

Role of the Constitution

American concern for Justice is written into the basic law of the land, the United States Constitution, which establishes the framework for the federal government and guarantees rights, freedom and justice for all. The Constitution, written in 1787, established a government of three branches. One of these is the judicial branch, and the Supreme Court of the United States is the most powerful part of it. It consists of a Chief Justice and eight associate justices. The responsibility and power of these nine people is extraordinary. Supreme Court decisions can change society significantly. This has happened many times in American history. In the past, Supreme Court rulings have halted actions by American presidents, have declared unconstitutional laws passed by Congress, have fed people

in prison and have given new protection and freedom to Black Americans and other minorities. The other two branches of the national government are the Legislative branch, which consists of a Congress of elected representatives of the people (see Issue 69 of The Assas Post), and the Executive, headed by the President as chief of state (see Issue 68 of The Assas Post). The people who wrote the Constitution distributed power among the three branches so that no one person or group of people in the government could exercise enough power to control the others. The procedure for naming justices to the Supreme Court is one example of how this distribution of powers, called checks and balances, works.

One example of checks and balances in the US

The Chief Justice and the associate justices are named by the President. This authority represents great power, considering the major effect court decisions have on the legal system and on society in general. The writers of the Constitution tried to make certain, however, that presidents would name only qualified justices and also that they could not remove justices whose decisions they disagreed with. This ensures the independence of the judicial branch. For that reason, no one can become a member of the court unless the upper house of Congress (the United States Senate) approves. The Senate does not approve an appointment until its members are satisfied

11

Issue 70 11.12.2012 The Assas Post

any level Case Study

that the candidate is qualified. Once approved, a justice cannot be removed by either the President or the Congress without very good reasons. The Chief Justice and associate justices serve on the court for life and need not take into consideration political issues or the opinions of officials in the other branches of government when making legal decisions.

The court of last resort

Although the three branches are said to be equal, the Supreme Court often has the last word on an issue. The courts can rule a law unconstitutional, which makes it void. The majority of such rulings are appealed to the Supreme Court, which is thus the final arbiter of what the Constitution means. Newspapers commonly print excerpts from the justices opinions in important cases, and the Courts decisions are often the subject of public debate. This is as it should be. The decisions may settle longstanding controversies and can have social effects far beyond the immediate outcome. Brown v. Board of Education of Topeka (1954) is among one of the most wellknown examples. In this case, the court held that deliberately segregated public schools violated the Fourteenth Amendments equal protection clause. The 1954 ruling applied directly only to schools in the city of Topeka, Kansas, but the principle it articulated reached every public school in the nation. What is more, the case undermined segregation in all governmental actions and set the nation on a new course of treating all citizens alike. The Brown decision caused consternation among some citizens, particularly in the

South, but was eventually accepted as the law of the land. Other controversial Supreme Court decisions have not received the same degree of acceptance. In several cases between 1962 and 1985, for example, the Court decided that requiring students to pray or listen to prayer in public schools violated the Constitutions prohibition against establishing a religion. Critics of these decisions believe that the absence of prayer in public schools has contributed to a decline in American morals; they have tried to find ways to restore prayer to the schools without violating the Constitution. In Roe v. Wade (1973), the Court guaranteed women the right to have abortions in certain circumstances, a decision that continues to offend those Americans who consider abortion to be murder. Because the Roe v. Wade decision was based on an interpretation of the Constitution, opponents have been trying to amend the Constitution in order overturn it.

courts as the Congress may from time to time ordain and establish. The courts established under this Article, aside from the Supreme Court, include the federal district courts, the courts of appeals, and the United States Court of International Trade.

State courts

Congress has established a number of lower federal courts

The only federal court specifically named in the Constitution is the Supreme Court. But Congress has established a variety of lower trial and appellate courts to handle the multitude of cases that must be settled in modern American society. These courts are of two basic types: the constitutional federal courts and the legislative federal courts. The constitutional federal courts are those courts that have been established by Congress under Article III of the Constitution. This Article provides for such inferior

People often think of the national judiciary as a higher court system, with state courts coming second in importance. This is probably because the US judiciary applies federal law and interprets the Constitution, which is the Supreme law of the land. Also, some cases may be appealed to a federal court after having been decided by a state court. For these reasons, it is difficult to recognize the great importance of state courts. State courts are important because state laws are important. If you think about the laws that affect your life during an average day it is obvious that, as an American, this would be presided over by state laws. The housing codes which affect homes are made in the United States by local governments.

The traffic laws which affect the students on their way to university are also made in the USA by state and local governments. Most of the laws which regulate education are also made by local and state governments. In reality, most of the laws which directly touch the everyday life of citizens come from state governments or local governments, which operate under the authority of state governments. State courts interpret and apply state and local laws. State courts decide most murder, assault and reckless driving cases, which are usually violations of state laws. State courts also decide cases which involve local laws, like littering or illegal parking. All local courts are part of a state court system. If you wish to challenge a local traffic ticket, you might appear before a municipal court which is part of a state court system. To get an idea of the importance of state courts, consider this fact: the state court system handles over 3 million cases each year, compared to about 150,000 which are handled by the federal judiciary.

The Assas Post

11.12.2012

Issue 70

12

YOUR WEEK
IN
Please post your comments on facebook and they may appear here next time!
Walking on the moon - listening to the song. The goal of a lifetime!
Gautier Plattelet

COMMENTS
While, in the rest of the world, people are dying of starvation.
Alexis Neuhaus

Space firm to offer private missions to the moon. If you could afford to, would you go to the moon?

Royal baby: Kate, the Duchess of Cambridge, is pregnant!

Queen :-)
Samantha Deversin

Excellent! It will be a future king or queen :-)


Violette Capucine

Wish you the same!


Esrah Rashali Fernando

Happy Saint Nicholas to you all!

The Assas Post

11.12.2012

Issue 70

13

You might also like