Complete the note taking activity on how a case moves through the Supreme Court

Get the Vocab Assessment paper from the teacher. You only have to do the vocab side for right now. When everyone is done, we will exchange papers and go over the answers. This is an assessment that is scored and recorded but it will not be part of your grade average.

Powers of the Courts

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Read the quotes from the Constitution and rewrite what each means in your own words.  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.”  Section 2.1- “ The judicial Power shall extend to all Cases, in Law, and Equity, arising under this Constitution, the Laws of the United States…”  Section 2.2- In all Cases affecting Ambassadors, other public Ministers, …the supreme Court shall have original jurisdiction. In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction….”

The Constitution gave the Judicial Branch very few roles and powers when it was first created. The courts were not equal in power to the Legislative and Executive Branches. The system of checks and balances was not equal!

The Federal Judicial Branch has 2 powers Interpret Laws - Try cases involving federal law and the Constitution - Cases MUST come to the courts first Judicial Review -power to say if any government law or act is unconstitutional - Courts can now “check” the power of the other branches - Courts gained this right in the Marbury v Madison court case

 Federalist President Adams created 58 new court positions on his last night in office  Not all of them could get delivered by the next morning JOHN ADAMS

THOMAS JEFFERSON  New Democratic- Republican president Jefferson said not to deliver the appointments  He wanted to appoint his own people

WILLIAM MARBURY  Marbury was one of the men who did not receive his appointment  He sued the federal gov’t with the hope that he would get his job  The case went directly to the Supreme Court

JAMES MADISON  Madison was Jefferson’s new Secretary of State  It was his job to finish delivering the appointments, if Jefferson approved  Jefferson did not  Since it was Madison’s job, he was the official that got sued by Marbury

JOHN MARSHALL  Marshall was the Chief Justice (wrote the majority opinion)  Felt that Marbury should get the job, but it was not the court’s job to do it (Marbury never got it)  Said it was also the power of the court to decided if gov’t acts or laws are unconstitutional not just to try cases= judicial review JOHN MARSHALL

Why is the power of judicial review an important part of the system of checks and balances? By declaring acts of Congress or executive orders unconstitutional, the Supreme Court can check the actions of the legislative and executive branches of government to keep them from straying too far from the Constitution when they make and carry out laws. (pages 202–203)

Hmmm… Constitutional or not??? Executive Actions Congressional Laws

 Issue- Should Marbury get his appointment?  Ruling- No, but the Courts can now rule acts or laws unconstitutional  Precedent- Judicial Review. The Courts are now equal in power to the other branches

Click the mouse button or press the Space Bar to display the answer. Judicial Review

 Complete the chart on other “Landmark Supreme Court” cases 