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Published byRoss Ray Modified over 8 years ago
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Homework: OL 11.1 due Wednesday FrontPage: Why are referees important in a game?
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Is it a catch and touchdown?
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The Federal Judiciary (aka, the Judicial Branch) Chapter 11, Section 1
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History of the US Judicial Branch Under the Articles of Confederation, no national courts existed; The lack of a national court had led to confusion about the interpretation of national laws and provided no way to settle disputes among the states. For this reason, the lack of a national court system was called the “crowning defect” of the AoC Thus, at the Constitutional Convention, Federalists and Anti-Federalists both agreed on need for a national Supreme Court But….they disagreed on the question of lower federal courts Federalists – wanted a system of lower federal courts located throughout the nation to interpret national laws, settle disputes Anti-Federalists – felt lower federal courts would take away state power
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The Compromise Article III of the Constitution ▫Creates the Supreme Court; remains vague on issue of lower courts Leaves question of whether we would have lower federal courts to Congress (to decide later) ▫Also remains vague on other key issues Court’s composition (# of members), qualifications for judges But does establish “permanent tenure” and “fixed compensation” for federal judges
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Will there be lower federal courts? First Congress answers question of lower courts by passing the Judiciary Act during their first session in 1789. A law which creates the first “district courts” and “circuits” These lower courts help handle the large number of cases brought in federal court
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Job of the Federal Judiciary Interpret and apply federal laws and the Constitution ▫Considered the “guardians of the Constitution” Need to be independent and free to make the “right” decision… ▫2 things help: Lifetime tenure for all federal judges during good behavior Salary can not be reduced Decide the constitutionality of executive/ legislative actions ▫Use the power of judicial review – The ability of the Supreme Court to rule on whether presidential, Congressional and even state actions follow the Constitution **Not in the Constitution
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The Power of the Federal Judiciary Originally, the federal courts played a minor role in government ▫Not until after Marbury vs. Madison do the courts even have the power of judicial review Congress and the president have what we might refer to as proactive powers ▫Can initiate actions, don’t have to wait for something to happen Courts have reactive powers ▫Need to wait until a suit is brought before they can exercise their power
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