Supreme Court Article III, the Federal Judiciary Act, Marbury v. Madison

Judicial Basics Federal judges Federal judges Appointed by the President Appointed by the President Appointment confirmed by the Senate Appointment confirmed by the Senate Lifetime appointment Lifetime appointment Free from political influence Free from political influence Authority to interpret the meaning of the U.S. Constitution Authority to interpret the meaning of the U.S. Constitution Supreme Court Supreme Court 9 Justices = never a tie! 9 Justices = never a tie!

Checks and Balances Each branch limits and approves the actions of the other branch.

Judicial Review The “Super Power” of the Supreme Court to declare Congressional laws and executive actions unconstitutional The “Super Power” of the Supreme Court to declare Congressional laws and executive actions unconstitutional

Marbury v. Madison Where does this power come from? Marbury got mad at Madison And asked Judi to review And she said it was unconstitutional to do. ____________________________________ Marbury was given an executive appointment, but Madison didn’t carry it out. Marbury took Madison to court to force the appointment to be delivered. Gives the court the authority to overturn executive Actions

How Judicial Review Works

Challenging a Decision In football, a coach may challenge a call, In a democracy, a citizen may challenge a law. A coach throws the red flag in the sport, A citizen can go to the Supreme Court. The play on the field stands after further review. If you lose your case, too bad for you Or like in football the call can be overturned. Judicial Review is what you just learned.

An Example COURT STRIKES DOWN GUN RULE COURT STRIKES DOWN GUN RULE JUNE 27, 1997 JUNE 27, 1997 The Supreme Court struck down a key provision of the Brady gun law, ruling 5 to 4 that the Federal government couldn't make local sheriffs run background checks on handgun purchasers. The Supreme Court struck down a key provision of the Brady gun law, ruling 5 to 4 that the Federal government couldn't make local sheriffs run background checks on handgun purchasers.

Which of these principles of government is demonstrated when the Ohio of Appeals declares an Ohio state law unconstitutional? A. federalism B. popular sovereignty C. checks and balances D. representative democracy

Look at the cartoon below. The cartoon is commenting on the power of A federal supremacy B judicial review C executive privilege D congressional oversight

Which of these best describes an effect of the Supreme Court decision in Marbury v. Madison? A. It gave the President veto power over Congress. B. It divided the government into three separate branches. C. It established the power to void a congressional law. D. It made state governments question federal power

The Principle of Judicial Review