Welcome to the Judicial Branch  Warm Up : 11/11/14 What is the most important thing to know about the Judicial Branch?

Judicial Branch Article III of the Constitution established the judicial branch of government with the creation of the Supreme Court. This court is the highest court in the country and vested with the judicial powers of the government. There are lower Federal courts but they were not enumerated in the Constitution. Congress deemed them necessary and established them using power granted from the Constitution.

Judicial Review Courts decide arguments about the meaning of laws, how they are applied, and whether they violate the Constitution (aka judicial review) Judicial Review is this process that the judiciary uses to provide checks and balances on the legislative and executive branches.

Judicial Review Judicial review is not an enumerated power given to the courts but it is an implied power. In Marbury v. Madison (1803), the courts' power of judicial review was clearly articulated.

Basic Characteristics The judicial branch hears cases that challenge or require interpretation of the legislation passed by Congress and signed by the President. Consists of the Supreme Court and the lower federal courts. Appointees to the federal bench serve for life or until they voluntarily resign or retire.

Basics The Supreme Court is the most visible of all the federal courts. The number of Justices is determined by Congress rather than the Constitution, and since 1869, the Court has been composed of one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate.

Interpreting the Law Primary function of courts in general and Supreme Court in particular Mechanical jurisprudence—the view of judging Laws often ambiguous

Legal Interpretation Judges base decisions on precedents, laws Explain interpretations by invoking generally accepted legal standards or yardsticks Can sometimes explain decisions by the literal meaning of the words of text in question

Legal Interpretation May refer to intent of the framers Previous court cases/precedents May base decisions on social or political needs **All enhance the credibility of decisions

Court Jurisdiction A case that is heard on original jurisdiction originates or starts in that court. It has not previously been heard in a lower court. A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal.

Jurisdiction Federal courts have jurisdiction over cases involving federal parties (example: ambassadors, leaders, etc) or federal questions (examples: federal laws or treaties, interpretation of constitutional law)

Supreme Court Justices Meet the Supreme Court Justices

Warm Up- Why is the Judicial System so important to understand? How and why did the Framers distribute power in the Constitution?

Supreme Court in review Only court explicitly outlined in Constitution Membership fixed by Congress Since 1869 the Court has had 9 members, including a chief justice and eight associate justices 6 members are needed for quorum

Supreme Court in review President nominates Lifetime appointment

Supreme Court Process Chooses cases—no independent data, relies on briefs Oral arguments heard over seven 2-week sessions Conference Days—Private meetings/deliberation 4. At meeting, they speak in descending order of seniority. 5. Take tentative vote in ascending order of seniority Assign opinion writing—drafted and circulated to fellow justices for comment

Supreme Court Opinions Per Curiam: Unsigned decisions of the Court that states the facts of the case and the ruling Majority Opinion: written opinion of the majority stating reasoning for the decision

Supreme Court Opinions 3. Concurring Opinion: Can be authored by a justice who agrees with the outcome of a case but for different reasons; may go on record with own opinion; can influence future opinions; can lessen impact of majority opinion

Supreme Court Opinions Dissenting Opinion: minority opinions; written by justices who dissent; may influence future decisions; can undermine majority opinion Plurality opinion: in the absence of a majority opinion presents the reasoning of most of the justices who side with the winning party

Judicial activism vs. Judicial Restraint Judicial activism vs. judicial restraint suggests that judges rule according to differing levels of assertiveness Marbury v. Madison established the principle of judicial review The Supreme Court gained this power simply by exercising it

Judicial Activism When a judge is active in exercising authority beyond their prescribed power Claims that Judges “Legislate from the bench” rather than “review and referee” Loose interpretation of the Constitution; when judges make decisions based on personal notions of societal needs Brown v. Board—1954; Roe v. Wade—1973

Judicial Restraint Suggests that judges limit the exercise of their power (and not beyond, as practitioners of judicial activism may) Strict interpretation of the Constitution Adhere to precedents set by previous decisions in other cases District of Columbia vs. Heller (2008)

Journal Identify the difference between Judicial Activism and Judicial Restraint Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values. Judicial Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent

Application Fold your paper in half to prepare for this application! On one half…. Find an example of a case in history where you think the courts acted using judicial restraint On the other half… Find an example of a case in history where you think the courts acted using judicial activism One side of your bi-fold should have an picture representing the case The other side should have a description of judicial activism/restraint and a description of the case (at least 2 paragraphs)

Exit Ticket If you were a Supreme Court Justice, do you think you would act more with judicial activism or judicial restraint? Why ? (2-3 sentences)

Happy Wednesday!  Do now: Agenda: Write down 4 things you know about the Judicial Branch Do now Share out Guided Notes Dual court system and Marbury vs. Madison Application You Pick Judicial Branch Reading Questions/Vocab Closure

Structure & Jurisdiction Dual Court System There are 50 state court systems One federal court system Each state has a state supreme court, though some do not actually use the term "supreme court."

State Courts Lower courts include municipal courts, police courts, justices of the peace, and/or district magistrates. The lowest courts in the state judicial hierarchy have limited jurisdiction in both civil & criminal cases.

State Courts Trial courts with general jurisdiction Most cases of a relatively serious nature start here

State Courts Intermediate appellate courts Trial court decisions can be appealed here

State Courts State Supreme Court or Court of Appeals --This court occupies the top position in the state judiciary

Federal Courts The United States district courts are at the bottom of the triangle. The United States court of Appeals are the middle. The United States Supreme Court is at the top

US Constitution Constitutional Courts—judges enjoy lifetime tenure; Article III Legislative courts---Article I, Provide advisory opinions and perform other functions assigned to them by Congress

Marbury v. Madison

“Revolution of 1800” – huge victory for D/R Background Thomas Jefferson (Democratic-Republican) defeats John Adams (Federalist) in election of 1800 “Revolution of 1800” – huge victory for D/R

Occurs after election and before inauguration Bitter over defeat Background Federalist Reaction Occurs after election and before inauguration Bitter over defeat Create new federal judgeships and PACK THE COURT

Key Players Marbury, Madison and others William Marbury – appointed Justice of Peace for D.C. by outgoing president (Adams) Problem arises when his commission is not delivered by James Madison (Jefferson’s Secretary Of State) The commissions were signed by the outgoing president (Adams), confirmed by the Senate, sealed by Marshall (who at the time was Secretary of State), but never delivered to Marbury and others.

Marbury’s Reaction Marbury takes case to Supreme Court seeking writ of mandamus Writ of mandamus – court order compelling government officer to perform an act, which that office has a clear legal duty to perform

Supreme Court Decision 1. Court refuses Marbury’s request for writ of mandamus. Why? 2. Court found Judiciary Act in conflict with Constitution (Article III Section 2, Clause 2)

Supreme Court Decision Marshall bases his decision on three propositions… 1. Constitution is supreme law of the land (Article VI Clause 2) 2. All acts of government (legislative, executive, etc.) are subordinate to the supreme law and cannot conflict with it

Supreme Court Decision 3. Judges are sworn to enforce the provisions of the Constitution and therefore must refuse to enforce any government action they find to be in conflict with it. (Judicial Review is established)

According to Marshall’s ruling in Marbury v According to Marshall’s ruling in Marbury v. Madison, the judiciary is the guardian of the Constitution Judicial review is controversial because Americans disagree on how the courts should use this power

Amending the Constitution The Framers of the Constitution realized that, inevitably, changes would have to be made in the document they wrote 27 amendments Article V Formal amendment process—four (4) methods Proposal and ratification

Federalism and Popular Sovereignty The formal amendment process emphasizes the federal character of the governmental system Proposal takes place at the national level and ratification is a state-by-state matter When the Constitution is amended, that action represents the expression of the people’s sovereign will

What is this political cartoon implying? Journal What is this political cartoon implying? Journal

Supreme Court Justices Vary in their political and legal philosophies... Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values. Judicial Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent Judicial Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent Judicial Activism Loosely interpret the Constitution Argue law should be interpreted and applied in the light of ongoing changes in conditions and values Results in the expansion of judicial powers Judicial Review? They have the POWER to declare acts and laws unconstitutional

Application You Pick! Pick one and apply pretending to be the voice of the Judicial Branch  Poem (at least 15 lines) Hint: you could break this up into sections for different ideas  Song (at least 15 lines) Hint: you could break this up into sections for different ideas  Speech (at least 15 lines) MAKE YOUR VOICE HEARD!  Humor is appreciated

The Judicial Branch Reading Read ALL OF THE INSTRUCTIONS and answer the questions Whatever you don’t finish will become homework

Happy Thursday!  Do now: Agenda: Write down one question that you guarantee will be on the Unit test for each branch of the government Do now Share out Gallery Walk Practice Quiz Review Game Closure

The Federal Courts are part of the Judicial Branch, one of three major branches in the federal government. What is the purpose of the judicial branch? To create laws To enforce laws To apply laws to the circumstances of a case All of the above