Instructor Notes - The Courts

Instructor Notes for Week 10 – Chapter 14 - The Courts Again, as in the previous chapter, this may sound like a very boring chapter to students but this is an important and fascinating subject area about a sector of our government that actually affect all Americans with their decisions on a daily basis. Anyone who has ever served on a jury, or has had to go to court as a defendant or a petitionerknows the sense of finality of a court decision. We need to understand our judicial system in this country as one never knows when one might find themselves in court being profoundly affected by the court process and/or decision. So, pay attention to this important section as it might be very critical to your personal life at some point and as the two cases below illustrate, the courts are making a difference in our political lives most of the time. This is an especially critical time in our history with recent cases that have even affected the 2012 election campaigns. In June 2012, the Supreme Court upheld President Obama’s health care overhaul law, the Affordable Care Act, saying its requirement that most Americans obtain insurance or pay a penalty was authorized by Congress’s power to levy taxes. The vote was 5 to 4, with Chief Justice John G. Roberts Jr. joining the court’s four more liberal members.  http://www.nytimes.com/2012/06/29/us/supreme-court-lets-health-law-largely-stand.html?pagewanted=all&_r=0 (Links to an external site.)  Another important earlier case, Citizens United (2010), remains a quite controversial decision. In this case, the Court “held that private corporations, which are nowhere mentioned in the Constitution and are not political membership organizations, enjoy the same political free speech rights as people under the First Amendment and may draw on the wealth of their treasuries to spend unlimited sums promoting or disparaging candidates for public office. The billions of dollars thus turned loose for campaign purposes at the direction of corporate managers not only can be but—under the terms of corporate law—must be spent to increase profits. If businesses choose to exercise their newly minted political “money speech” rights, they must work to install officials who will act as  corporate tools.”  http://www.thenation.com/article/169915/citizens-united-and-corporate-court# (Links to an external site.) Cartoon: Wasserman, The Boston Globe