Presentation on theme: "The Judicial Branch Lesson Objective: To understand the powers and responsibilities of the Judicial Branch Essential Question: What is the role of the."— Presentation transcript:
1 The Judicial BranchLesson Objective: To understand the powers and responsibilities of the Judicial BranchEssential Question:What is the role of the Supreme Court in U.S. Government?
2 Key Terms Judiciary Act of 1789 Marbury v. Madison Judicial Review Original JurisdictionAppellate JurisdictionDistrict CourtsSupreme CourtChief JusticeJudicial RestraintJudicial ActivismPrecedent
3 Section 1- Judicial powers. Tenure. Compensation. The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as theCongress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall holdtheir offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall notbe diminished during their continuance in office.
4 Section 2 - Judicial power; to what cases it extends Section 2 - Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of theUnited States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, otherpublic ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the UnitedStates shall be a party; to controversies between two or more states, between a state and Citizens of another state,between Citizens of different states, between Citizens of the same state, claiming lands under grants of different states,and between a state, or the Citizens thereof, and foreign states, Citizens or subjects. (This section modified byAmendment XI)2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party,the supreme court shall have original jurisdiction. In all the other cases before-mentioned, the supreme court shall haveappellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shallmake.3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the statewhere the said crimes shall have been committed; but when not committed within any state, the trial shall be at suchplace or places as the Congress may by law have directed.
5 Section 3 - Treason defined. Proof of. Punishment of. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies,giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to thesame overt act, or on confession in open court.2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shallwork corruption of blood, or forfeiture, except during the life of the person attainted.
6 What is the job of the Supreme Court as described in Article III? Is there any indication in this section that the Supreme Court has the “right” or “responsibility” to determine whether laws are constitutional – meaning whether they violate or go against what is written in the Constitution?Is there any reference to the term “judicial review” in the Constitution?Does Article III establish the limits of the Court’s powers?
7 Marbury v. MadisonOn his last day in office John Adams appoints the midnight judgesThomas Jefferson refuses to deliver the appointments the next day after becoming presidentOne of the appointees Marbury sues Secretary of State, James Madison for his appointmentSupreme Court Justice John Marshall rules that the law is unconstitutional- Marbury does not get his judgeship- because the law is unconstitutional
8 The American Legal System State CourtsFederal CourtsThree tiersTrial Courts- hear cases first have original jurisdictionAppellate Courts- decide questions of lawSupreme Court & other high courtsSupreme court has both original and appellate6% of cases are original in Supreme CourtJurisdiction- right to hear the caseDistrict CourtsLowest federal courtsHave original jurisdiction – 94 districts at least 1 in each stateInvolve federal government as a partyConstitutional questionCivil suite where parties are form different states
9 Federal Court System District Courts Courts of Appeal Lowest federal courtsHave original jurisdiction – 94 districts at least 1 in each stateInvolve federal government as a partyConstitutional questionCivil suite where parties are form different statesCourts of Appeal11 circuit courts + DC court of appealsOnly hear cases that are appeals- NO NEW TESTIMONYBinding only in their district- do not have national precedentThe Supreme Court9 JudgesPresident nominates the Chief JusticeOnly deals with cases with national consequences
12 Appointments to the Supreme Court Justices are picked for the following reasons:CompetenceIdeological or Policy PreferenceRewardsPursuit of Political SupportReligionRace and GenderConfirmation ProcessInvestigationLobbying by Interest GroupsFull Senate votes on Confirmation
13 Deciding a Case Deciding to hear a case -About 9,000 cases reach Supreme Court a yearterm heard 90 casesWrit of certiorari – review of appellate court caseIn forma pauperis- comes from criminal lawAlmost all are writ of cert.Conference VoteNon-binding vote to see where the justices think they will voteOpinionsMajority opinion- court’s ruling; becomes lawConcurring Opinion- agrees with ruling but not reasoningPlurality- winning side but not majority- accompanied by concurring opinionsDissenting Opinion- losing side of the arguement
14 How They Vote Legal Factors Extra-legal Factors Judicial Philosophy Restraint vs. ActivismPrecedentBuilt on prior casesExtra-legal FactorsPersonal ExperienceIdeologyStrategic VotingPublic Opinion