Do Now What is Judicial Review?

“Our Constitution was not written in the sands to be washed away by each wave of new judges blown in by each successive political wind.” ~ Justice Hugo L. Black (1970) Do you agree with this statement? Why/why not?

The Federal Court System established in Article III THE JUDICIAL BRANCH The Federal Court System established in Article III

The Federal Court system is established in the Constitution The jurisdiction, or authority to hear and decide a case, is also established (III, 2, 1)

The Federal Courts have jurisdiction over the following areas the Constitution federal laws law of the high seas disputes involving the U.S. Government disputes between states, or citizens of different states disputes involving foreign governments EVERYTHING ELSE GOESTO THE STATE AND LOCAL COURTS

THE LOWER FEDERAL COURTS District Courts Courts of Appeals

District Courts federal courts where lawsuits are begun at least 1 per state district courts handle most of the Federal Court System's work (90%) district courts have original jurisdiction: the authority to hear cases the first time

Courts of Appeals (Circuit courts) these courts only hear cases that are appealed from lower courts appellate jurisdiction

Additional courts Military courts Territorial courts US Tax Court Claims courts

the highest court in the land THE U.S. SUPREME COURT the highest court in the land

The Supreme Court rarely has original jurisdiction - almost all of the cases that come to the Supreme Court are from appeals

How a Case Reaches the Supreme Court Step 1: Case is filed in Federal District Court Step 2: Case is appealed to a Federal Court of Appeals Step 3: Case is appealed to the US Supreme Court, which does one of three things: Go Back STOP The Supreme Court sends the case back to the lower court to reconsider it The Supreme Court allows the lower court ruling to stand Go Forward: The Supreme Court rules on the case

The Justices * 9 Justices, including a Chief Justice * appointed by the President, they hold their terms until they die, resign, or are impeached very powerful, very prestigious

The Supreme Court has the power of judicial review this allows the Court to review any law and decide if it is unconstitutional From Marbury v. Madison, 1803 but only if the law comes to the Court in a case

The Supreme Court is the final authority on the Constitution and the laws of the United States.

How can a Supreme Court decision be overturned? A new decision by the Court A constitutional amendment

MAKING A RULING http://faculty.smu.edu/jkobylka/SupremeCourt/SC2000Term.gif

MAKING A RULING CONCURRING OPINION MAJORITY OPINION DISSENTING OPINION