50 51

Page 51 Lesson 19 The Judicial Branch

What is included in the “Judicial Branch” of our government? Lesson 19: The Judicial Branch L 50 WARM-UP What is included in the “Judicial Branch” of our government? The Supreme Court – only federal court created in the Constitution (Article III, Section 1) Inferior Courts – Congress has the power to set up “inferior” (lesser) courts (Article I, Section 8, Paragraph 9)

CLASS NOTES R 51 Three Tiers of the Federal Court System Today Lesson 19: The Judicial Branch 51 R CLASS NOTES Three Tiers of the Federal Court System Today 94 U.S. District Courts (Lowest Level) Try federal criminal and civil cases 13 U.S. Courts of Appeals (12 circuits) Review cases from U.S. district courts U.S. Supreme Court (Highest court of appeal) Set a “precedent” Declare state or federal law unconstitutional

Lesson 19: The Judicial Branch 50 WARM-UP In the early morning of March 3, 1963 an 18 year old Phoenix Arizona woman was kidnapped and raped on her way home from a movie theater. The Miranda Case

Lesson 19: The Judicial Branch 50 WARM-UP In March 1963, Ernesto Arturo Miranda was arrested for robbery. He later confessed to raping an 18-year-old woman two days earlier. At trial, prosecutors offered not only his confession as evidence (over objection) but also the victim’s positive identification of Miranda as her assailant. Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment on each charge, with sentences to run concurrently. The Miranda Case

Lesson 19: The Judicial Branch 50 WARM-UP Miranda’s court-appointed lawyer, Alvin Moore, appealed to the Arizona Supreme Court which affirmed (upheld) the trial court’s decision in State v. Miranda, 401 P.2d 721 (Ariz. 1965). In affirming, the Arizona Supreme Court emphasized heavily the fact that Miranda did not specifically request an attorney. The Miranda Case

WARM-UP L 50 IMPORTANT BACKGROUND Lesson 19: The Judicial Branch L 50 WARM-UP IMPORTANT BACKGROUND Escobedo v. Illinois provided for the presence of counsel during police interrogation. This concept extended to a concern over police interrogation practices, which were considered by many to be barbaric and unjust. Coercive interrogation tactics were known in period slang as the “third degree.” The Miranda Case

Lesson 19: The Judicial Branch 50 WARM-UP Chief Justice Earl Warren delivered the opinion of the Court, ruling that due to the coercive nature of the custodial interrogation by police, no confession could be admissible under the Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney unless a suspect had been made aware of his/her rights and the suspect had then waived them. Thus, Miranda’s conviction was overturned. The Miranda Case

Lesson 19: The Judicial Branch 50 WARM-UP WHAT can you infer about the role of the Judicial Branch from this example? The Miranda Case

WHAT happened to Miranda? Lesson 19: The Judicial Branch L 50 WARM-UP WHAT happened to Miranda? Miranda was retried, and this time the prosecution did not use the confession but called witnesses and used other evidence. Miranda was convicted in 1967 and sentenced to serve 20 to 30 years. He was paroled in 1972. After his release, he returned to his old neighborhood and made a modest living autographing police officers’ “Miranda cards” (containing the text of the warning, for reading to arrestees). He was stabbed to death during an argument in a bar on January 31, 1976. The Miranda Case

LEARNING TARGETS: ESSENTIAL QUESTION: R 51 Lesson 19: The Judicial Branch 51 R LEARNING TARGETS: I can describe the judicial branch of our government. I can explain how cases reach the Supreme Court. ESSENTIAL QUESTION: How does the Judicial Branch resolve conflict within the United States? Key Vocabulary to add to Flashcard List (38-40) VOCAB Supreme Court judicial review precedent

CONSTITUTION CHALLENGE: Lesson 19: The Judicial Branch 51 R The Judicial Branch Step 1 – Reading Read Section 9.5 (170-171) and answer the questions below. 1. What is the main job performed by the judicial branch? 2. What different types of courts make up the judicial branch? 3. What is meant by the term “judicial review”? Step 2 – Constitutional Question Cards Get a set of the Judicial Branch cards. To answer each question, refer to either Section 9.5 or the Constitution, which starts on page 596. Record the answers below in complete sentences. Answer Article/Section (Optional) 1. 2. 3. 4. Attach the Graphic Organizer Record your answers with complete sentences. CONSTITUTION CHALLENGE: Record the article and section where the answer can be found.

Review the Graphic Organizer Lesson 19: The Judicial Branch Review the Graphic Organizer The Judicial Branch 1. What is the main job performed by the judicial branch? the principle that the Supreme Court has the final say in interpreting the Constitution JUDICIAL REVIEW The judicial branch interprets our laws, protects the Constitution, and protects the rights of all Americans. 2. What different types of courts make up the judicial branch? The federal court system is made up of the Supreme Court, appellate courts and district courts. the highest court in the nation SUPREME COURT 3. What is meant by the term judicial review? Under judicial review, the Supreme Court has the power to review the laws and actions of the executive and legislative branches and decide if they are constitutional.

Review the Graphic Organizer Lesson 19: The Judicial Branch Review the Graphic Organizer The Judicial Branch 1. What is the length of term of office for justices of the United States Supreme Court? A Justice of the Supreme Court serves for “good behavior,” meaning for life. Article III, Section 1 2. Who has the power to resolve issues involving national laws or laws of the United States? The federal courts review national (federal) laws or the laws of the United States. Of Article III, Section 2

Review the Graphic Organizer Lesson 19: The Judicial Branch Review the Graphic Organizer The Judicial Branch 3. Who has the power to settle disputes between states? The federal courts have the power to settle disputes between states. Article III, Section 2

Review the Graphic Organizer Lesson 19: The Judicial Branch Review the Graphic Organizer The Judicial Branch 4. How many members of the Supreme Court are there? There are nine members of the Supreme Court. Congress set the size of the original Supreme Court at six in the Judiciary Act of 1789. The legislation provided for one Chief Justice and five Associate Justices. Currently, there are nine Supreme Court justices on the United States Supreme Court. The number of justices is set by Congress and has varied from five to 10. There have been nine justices since 1869. In 1937, Franklin Roosevelt attempted to add six more justices to the Supreme Court. He felt the court was obstructing much of his “New Deal” policies and adding more members who would agree with his views would help. This was termed the “Court Packing Plan.” However, Congress did not agree and the number remained at nine. Margin Note on Article III, Section 1 (page 479)

How cases reach the Supreme Court? Lesson 19: The Judicial Branch L 50 PROCESSING THE LESSON How cases reach the Supreme Court?

How cases reach the Supreme Court? Lesson 19: The Judicial Branch L 50 PROCESSING THE LESSON How cases reach the Supreme Court?

Review Processing the Lesson How Cases Reach the Supreme Court Lesson 19: The Judicial Branch Review Processing the Lesson How Cases Reach the Supreme Court 1. The Supreme Court agrees to review a case when how many Justices grant a writ of certiorari? 4 or more Justices 2. What is the definition of jurisdiction? Area over which an individual or group have legal authority 3. In which kinds of cases does the Supreme Court have original jurisdiction? Disputes that involve a state or the federal government 4. What kinds of appeals must the Supreme Court hear? If a state or federal law is unconstitutional

Review Processing the Lesson How Cases Reach the Supreme Court Lesson 19: The Judicial Branch Review Processing the Lesson How Cases Reach the Supreme Court 5. How does the Supreme Court set precedents? By making a ruling on a case before it previous court decisions which influence the deciding of later and similar cases PRECEDENT 6. What do you think happens to a case that the Supreme Court refuses to hear? Remains the same as from the original trial or appellate level 7. Can a lower court decide if a law is unconstitutional? No, only the Supreme Court can rule a law unconstitutional 8. What kinds of cases do state supreme courts review? State appellate court rulings

Review Processing the Lesson How Cases Reach the Supreme Court Lesson 19: The Judicial Branch Review Processing the Lesson How Cases Reach the Supreme Court 9. Which court handles federal lawsuits involving imports and exports? U.S. Court of International Trade 10. Imagine you created a sugar-free bubble gum with vitamins. But someone has stolen your patent. In which court should you file your complaint? U.S. District Court U.S. Court of Appeals for the Federal Circuit