John Marshall’s Legacy of Independence

On every Fourth of July, Independence Day,  we celebrate what makes the United States of America different from other countries.  200 years ago the fourth Chief Justice of the U.S. Supreme court, John Marshall, was appointed by President John Adams.   For 34 years he headed the nation’s federal judiciary, which helps insure our independence.

Marshall was a member of the U.S. House of Representatives and was Secretary of State before being appointed Chief Justice.  He served during seven different presidential terms, dying in 1835 during Andrew Jackson’s second term.  He still holds the record for longest serving Chief Justice.

Before Chief Justice Marshall’s term , the Supreme Court was considered a minor part of the government.  Marshall not only made the judicial branch co-equal to the two other branches , as it is today, but he also presided over a case that announced the Supreme Court’s  authority to overrule the executive branch, legislative branch, states, and lower courts, when necessary.

In the significant case of  Marbury v. Madison, decided in 1803, the Supreme Court said that the U.S. Constitution is the supreme law of the land and that conflicting laws cannot be enforced. The Marshall court clarified that federal law supersedes state law, and that the Supreme Court is the federal court of last resort.  Marshall wrote opinions about the meaning of  ‘commerce’ in the Constitution, the protection  of private institutions from state interference, and explained that the Bill of Rights applied to states as well as the federal government.  These cases remain some of the most important in the court’s history.

So, as we watch the fireworks around the country this year, take time to think about those who contributed to today’s independent nation.  Although the judicial branch is sometimes overlooked, 200 years ago John Marshall’s influence changed the government, and gave federal courts power to enforce constitutional law.  Marshall is a giant of the judiciary and one of the many who have allowed our nation to flourish  and  to celebrate Independence Day for years to come.

The U.S. Supreme Court and Federal Cases

From time to time I blog about opinions of the Supreme Court of Ohio that explain the law that applies within our state. But as you know, we have a dual system of law. The U.S. Supreme Court announces federal law that applies to the entire country. 

That court was busy this last week, finishing its current term that began in October. The Supreme Court released opinions on the Voting Rights Act, marital status for same-sex couples, and land use regulations, among others. And although some Americans may disagree with a controversial court ruling, everyone must understand that our Constitution gives the U.S. Supreme Court the final word governing legal matters across all 50 states.

Not every case can reach the supreme court level.  Some state cases may wend their way to the Ohio Supreme Court, but even fewer state cases are heard by the U.S. Supreme Court. Even so, federal law affects everyone, whether we have a pending case or not. Part of our duties as American citizens and as voters is to understand the operation of each branch of government.

To get a better handle on the judicial branch and recent U.S. Supreme Court rulings, you may visit SCOTUSblog and click on the “plain English” posts on the decisions. There you will find a good summary of recent U.S. Supreme Court cases.

Red, White, and Blue and a Burning U.S. Supreme Court Case

Nearly 100 years ago, President Woodrow Wilson issued a proclamation to establish June 14 as Flag Day. As we mark the day today to honor the United States flag, I’d like to point out a federal case involving the flag and the protection of constitutional rights.

Landmark cases have far-reaching impacts. Texas v. Johnson is one of them.

In 1989, to protest the policies of the Reagan administration, Gregory Lee Johnson burned an American flag outside of the Dallas City Hall. He was arrested, but argued that his act was protected by the First Amendment because he was engaging in symbolic speech. The Supreme Court agreed and held that the constitution protects symbolic speech even when it is offensive.

Many of us have fond memories of reciting the Pledge of Allegiance when we began our school day. Because the flag is such a recognized symbol of the United States and is honored as dear to patriotic Americans, its desecration is a controversial means of political expression. Many would disagree with flag burning.  

What would you think if you saw such an act? What should government do?

Our Constitution grants us rights that may not be granted to people in other countries. One is freedom of speech – even speech that may be considered wrong or even hateful. Our country is strong enough to allow different opinions to be expressed, including criticism of the government. We should be glad to be uncensored and unmuzzled .   

We should be proud to honor a flag that stands for the right to freely speak. It is a flag that deserves our respect and protection.

Baby Falcons Living at Wood County Courthouse

It seems a couple of peregrine falcons decided they wanted to learn more about the rule of law when they picked the Wood County Courthouse as their home. They’ve lived there for the past three years, and each year they’ve nested in the clock tower on the north side of the courthouse and hatched baby falcons.

While they are moving around a lot, you can try to get a glimpse of the baby falcons on this webcam, and there are photos at the bottom of the page.

A couple of weeks ago, the Ohio Department of Natural Resources Wildlife Division banded the baby falcons so they can be tracked and monitored when they move into a home of their own in August or September. ODNR employees said their parents chose the courthouse because of its height. They said falcons hunt while in flight, so the tall courthouse was a perfect place for them to make their home.

Andrew Kalmar is the court’s administrator. He said the falcons have become a mascot for Wood County court employees. He said the webcam helps them watch the falcons grow up.

There are currently 26 nesting pairs in Ohio.

Students for Justice

You are never too young to think about justice.  Have you ever heard someone bullying another?  Seen an animal being abused?  Watched property being trashed?  If you aren’t an adult yet, can you do anything about things that are wrong?  Sometimes it takes only a little suggestion to help make the world a better place.

Take a look at Ohio middle school students in these pictures. These activists are trying to tackle tough-to-talk-about problems such as bullying, pregnancy, homelessness, and domestic violence. They, along with more than 150 other students, had the chance to showcase their solutions at the 19th annual Youth for Justice Summit in Columbus sponsored by the Ohio Center for Law-Related Education.

Youth for Justice is designed to empower young people to be actively engaged citizens  working together to make a positive difference in their communities. Students identify a problem relevant to them, then develop and implement solutions.  This idea can be useful at your school, too.

Let’s give congratulations to the four teams who received the Outstanding Project Award:

“Fighting Bullying,” Greensview Elementary School

(Upper Arlington)                                       

“Relax, Refresh, Respect,” Pleasant Street Elementary

(Mt. Vernon)                        

“Domestic Violence,” St. Francis School (Cleveland)                                                   

“Positive Role Models,” Heritage Middle School (East Cleveland)

And, ‘Good Job!’ to the students from Collinwood High School and Botkins Elementary School.  They received the Youth for Justice Implementation Grant.  This was the first time schools were awarded money to help start up their projects at their own schools.

Botkins students will spread awareness of bullying by distributing “no bullying” frisbees at their school track and field day. Collinwood students plan to design team shirts to wear when they give presentations about the important issue of teen pregnancy prevention. As all these students tell us, it’s never too early to advocate for justice.

 

                Students from Collinwood High School in Cleveland whose project was titled: “RAP: Railroaders Against Teen Pregnancy.”

 

Botkins Elementary students whose project was titled: “Botkins Bully Busters.”

In Boston-- A Second Test of Justice

Once again, Boston, Massachusetts will test American principles of criminal justice in its response to a public crime involving many victims. The public wants answers to important questions: Why should someone accused of a horrific crime be allowed the presumption of innocence and a defense attorney. When guilt is “obvious?” Why should there even be a trial? 

Although we remember the recent tragedy involving the Boston Marathon, the city was the site of another case, one in which the National Archives has captioned in a lithograph as “the bloody massacre perpetrated in King Street, Boston, on Mar. 5, 1770.” Eight British soldiers stood trial for killing five civilians and wounding six others by firing on a crowd in the so-called “Boston Massacre.” 

Five years before the American Revolution and nearly 30 years before he served as our nation’s second president, John Adams, as a lawyer in private practice , was the defense attorney for the soldiers. Although emotions ran high due to the tension between the colonists and British, the government was insistent on a fair trial for the accused. 

Fundamental to a fair trial was the idea that an accused is innocent until proven guilty. To hold the government to proving its case ensures that the innocent are protected, potentially allowing some guilty to go free; rather than ensuring the guilty are punished, with some of those who are innocent unjustly convicted. As Benjamin Franklin expressed the thought, “it is better 100 guilty Persons should escape than that one innocent Person should suffer”. 

Adams’ law practice suffered from his defense of the British soldiers, but later he was to remark that despite the anxiety he suffered it was “one of the most gallant, generous, manly and disinterested Actions of my whole Life, and one of the best Pieces of Service I ever rendered my Country.” The jury acquitted six of those accused and two were convicted of manslaughter, a verdict Adams thought “exactly right.” 

The attorney who decides to defend the surviving brother accused of bombing the 2013 Boston Marathon may face misunderstanding and even hostility. But he or she will be in the company of John Adams in upholding a principle that protects us all.

Justice Judy on Jury Duty

Did you know that even a justice or judge can be called to serve jury duty? During the first week in April, I was called to the Lucas County Courthouse to report for jury duty.  In Ohio, citizens are randomly selected for jury service from a list of registered voters or licensed drivers.

I’ve already served once as a juror while a judge. And because it’s my civic duty, when I received the summons this time as a justice, I didn’t hesitate to follow through.  I also wanted to see if the process had changed for jurors in the 14 years or so since I had last served.

Indeed it had, but for the better! The process was much better at respecting our time.  Instead of waiting for hours only to be sent home at the end of the day, our summons told us to call in after 5 p.m. the day before to see if we had to actually report.  My phone call said those in my group who lived in the area covered by Toledo Municipal Court had to appear. 

We also got more information ahead of time. The map on the summons showed where to park (but did not say the amount needed), though the summons could have explained exactly where to enter the courthouse (two of four doors were closed for security). We were told that jurors are able to keep electronic devices, and that the magnetometer is much like airport security. 

When we reported to the jury room at 8:45 a.m., we were given badges and were shown an orientation film sponsored by the Supreme Court for use throughout the state.  The film explained what could be expected if you were selected as a juror.

Our jury manager, Juanita, kept us aware of the progress of the case that might go to trial. We were told that it was a municipal case, which meant 8 jurors would be selected from the 22 of us waiting.  Although the jury room was relatively comfortable with books and TV, no one was required to stay there as long as we wore badges and didn’t talk about jury duty.  Most everyone sat quietly, though.

At 10 a.m. a deputy and manager took us to the municipal court where we met the judge who would try the case. He put the first-timers at ease and let us knows it was a one-day trial, and he expected that a jury would be selected by noon.

In fact it took only until 11:30 a.m. when we were sworn in.  Eight people were randomly selected for questioning on “voir dire.”  The judge told us the defendant had been charged with improper handling of firearms while intoxicated.  He then asked those in the jury box about their employment, and the employment of their spouses and adult children.  He asked what part of town they lived in, whether they had been convicted of a felony, and whether any close friends or family were police officers.  They were asked whether they could consider the testimony of an officer just as any other witness—with no greater or lesser weight.  The judge wanted to know if they had any time or employment concerns, health problems, or any reason why they could not be fair and impartial.  The prosecutor asked questions about gun ownership, and the defense counsel questioned them on the meaning of the presumption of innocence.  Only three people were excused on peremptory challenges – one by the state and two by defense, and it felt like a lottery when a new person was chosen to replace someone.

When the jury was finally selected, we breathed a collective sigh of relief and gladly returned to common pleas to be signed out.  Some people asked for and were given letters for work.  We turned in paperwork and were told to call in again after 5 p.m., but that we would probably not be needed.  She was right—my jury service of two days or one trial was over.

This past week, the Ohio Judicial College and Ohio Jury Management Association held their annual jury management course.  This year, four people who served on a jury were asked to comment on their experiences.  I wish I was one of them.

Statistics show that the United States holds 95% of the jury trials in the world that 5 million citizen’s report and approximately 1 million serve each year.  Unless you’re a judge, lawyer, court employee, party to a civil case, or a criminal defendant, this is the one chance you have to be a participant in the court process.

But as my experience shows, it is very possible that even if you show up, you will not be seated.  No one is automatically excused anymore because of having a certain occupation. So many people wonder — shouldn’t I try to get out of it?  Isn’t it just a waste of my time?  Before you answer, ask yourself:

If I ever need a jury, wouldn’t I want someone like me to be judging my case??