2. Unit IV The Judicial Branch

3. Essential Questions 1. Why is the Federal Judiciary set up the way that it is? 2. How has/does the Judicial Branch affect(ed) American society? 3. What does it mean that we enjoy “relative” rather than “absolute” rights?

4. Outline 1) Judicial Review 2) Structure 3) The Supreme Court A) Process B) Landmark Cases C) Freedom of Speech 4) Putting it all together Found In: Article III in the Constitution Chapter 11 & 12 of your textbook

5. Discussion Question “WE ARE A NATION OF LAWS” “WE ARE A NATION OF LAWS” What does this mean? What are the implications of this statement?

6. The Judicial Branch

7. U.S Constitution Article III Section 1. The Judicial Power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The Constitution creates only the Supreme Court of the United States. It gives the Congress the power to establish other lower, federal courts.

8. U.S. Constitution Article III The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Comprehension, which shall not be diminished during their Continuance in Office. “…during good Behavior” what do you think the US Constitution means by this?

9. Role of the courts in American government Make policy Can undo work of representative institutions Judicial Activism or Judicial Restraint? Constitutional advocates? Bush v. Gore Citizens United v. FEC

10. Power on Federal Courts U.S. Constitution Articles I-VII Amendments 1-10 aka Bill of Rights Amendments 11-27 Marbury v. Madison Creates Judicial review The primary Check and Balance power of the Judicial Branch

11. Defendant Arrested Trial Court Guilty Not Guilty can appeal to Court of Appeals Reverse Conviction Uphold Conviction Defendant Free can appeal to New Mexico Supreme Court Reverse Conviction Defendant Free Uphold Conviction Defendant Free

12. Dual Court System State Courts Federal Courts

13. New Mexico’s Court System

14. Dual Court System

16. Supreme Court of the United States

17. U.S. Supreme Court

18. Supreme Court of the United States Ultimate court of appeals in the U.S. Does not deal with guilt or innocence deals with Constitutionality of previous judgment

19. U.S. Supreme Court Cases appealed from federal and state system Control of docket (5k-7k cases per year sent  Only hear 100-150 cases) Session (October - June) Supreme Court Justices – 9 Total (term is for life, appointed by President, confirmed by Senate)

20. Supreme Court (continued) Control over docket (rule of four: Supreme Court will not hear a case unless there is 4 Justices who approve) Vocabulary Define each and provide a picture of each Judicial Review Judicial Activism Judicial Restraint Supreme Court Justice Jurisdiction Appeal State Courts Federal Courts

21. U.S. Supreme Court 2013-2014

22. John G. Roberts, Jr. Chief Justice First among equals Gets to decide who write the majority opinion Nominated by George W Bush

23. Reagan’s Nominees Antonin Scalia Anthony Kennedy

24. HW Bush’s Nominees Clarence Thomas

25. Clinton’s Nominees Ruth Bader Ginsberg Stephen Breyer

26. W Bush’s Nominees Samuel Alito

27. Obama’s Nominees Sonia Sotomayer Elena Kagan

28. Justices of the Supreme Court Nine Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial. For example? Nomination and confirmation can sometimes become very “political” Conservative, Moderate, Liberal Republican to Republican appointees Democrat to Democrat appointees Almost always…Why?

29. U.S. Supreme Court 2012 The Roberts Court, 2012 Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan.Sonia SotomayorStephen G. BreyerSamuel A. AlitoElena Kagan Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, andClarence ThomasAntonin ScaliaChief JusticeJohn G. RobertsAnthony Kennedy Ruth Bader Ginsburg

30. Unit V Supreme Court Justice Activity