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Article III Judicial Review Limited Government Separation of Powers Checks and Balances Federalism.

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Presentation on theme: "Article III Judicial Review Limited Government Separation of Powers Checks and Balances Federalism."— Presentation transcript:

1 Article III Judicial Review Limited Government Separation of Powers Checks and Balances Federalism

2 The National Judiciary Framers created Supreme Court and lower courts Federal courts have jurisdictions(exclusive, concurrent, original, and appellate) Federal judges appointed for life, removed by impeachment, or serve 15 year terms

3 The Supreme Court “Human effects” of court decisions “Whether we are on trial court or appellate court, at the end of our task some human being is greatly affected…if indeed we are trial judges, whose rulings will affect lives of other people and who are going to change their lives by what we do, we better use every power of our minds, hearts, and beings to get the rulings right” -David Souter David Souter

4 Who is on the Court today? Who are the Judicial Activists? The Judicial Originalists? Who are the Swing votes?

5 Marbury v. Madison(1803) Establishes Judicial Review Supreme Court Jurisdiction Both original and appellate Art. III, Section 2 clarifies Original Jurisdiction –state as a party and those involving ambassadors, etc. Broad interpretation also jurisdiction over any case covered by Art. III, section 2 however

6 Nixon v. Fitzgerald(1982) Can the President be sued ? Why the Constitution specifically not protect president against lawsuits? What actions/intentions are protected? Page 385 # 1-3. (Summary on page 803

7 Judicial Philosophy Should the Constitution be interpreted literally/original intent? Judicial Restraint Judicial Activism The key question in the court today! Should the Constitution be interpreted broadly/for 21 st century?

8 Korematsu v. United States(1944) Supreme Court upheld military order in light of World War II “Pressing public necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group” Racial antagonism cannot be the form of restrictions, however.

9 The “Surveys’ Top Hits” from The Supremes! #1-(and on the survey for 210 years!) Marbury v. Madison(1803) #2 and #3-(a twin spin) Plessy v. Ferguson(1896) and Brown v. Board of Education(1952) #4-(and climbing the survey quickly for all the keen teens) Rochin v. California(1952) #5-(a megahit that could affect you in the next 6 weeks) New Jersey v. T.L.O.((1984) #6-(a “climber”on all the surveys) Citizens United v. Federal Election Committee(2010)

10 A Theory of Justice(1999) by John Rawls

11 New Jersey v. TLO(1984) Just Cause vs. Reasonable Suspicion Rights vs. Responsibility Civil liberties and the Law Protection of individual rights vs. protection of safety Civil Liberties vs. Civil Rights

12 Discuss Briefly How does the case apply to the 4 th Amendment? What would be appropriate search and seizure? How do you apply the “plain view” concpt to the case? Debate the thesis: My rights differ within the school building and on Route 528.

13 Article III-Judiciary Power? Multiple Choice Quiz on Friday…


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