The Judicial Branch Lesson Objective: To understand the powers and responsibilities of the Judicial Branch Essential Question: What is the role of the Supreme Court in U.S. Government?

Key Terms Judiciary Act of 1789 Marbury v. Madison Judicial Review Original Jurisdiction Appellate Jurisdiction District Courts Supreme Court Chief Justice Judicial Restraint Judicial Activism Precedent

Section 1- Judicial powers. Tenure. Compensation. 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. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

Section 2 - Judicial power; to what cases it extends Section 2 - Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where 1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and Citizens of another state, between Citizens of different states, between Citizens of the same state, claiming lands under grants of different states, and between a state, or the Citizens thereof, and foreign states, Citizens or subjects. (This section modified by Amendment XI) 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3 - Treason defined. Proof of. Punishment of. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

What is the job of the Supreme Court as described in Article III? Is there any indication in this section that the Supreme Court has the “right” or “responsibility” to determine whether laws are constitutional – meaning whether they violate or go against what is written in the Constitution? Is there any reference to the term “judicial review” in the Constitution? Does Article III establish the limits of the Court’s powers?

Marbury v. Madison On his last day in office John Adams appoints the midnight judges Thomas Jefferson refuses to deliver the appointments the next day after becoming president One of the appointees Marbury sues Secretary of State, James Madison for his appointment Supreme Court Justice John Marshall rules that the law is unconstitutional- Marbury does not get his judgeship- because the law is unconstitutional

The American Legal System State Courts Federal Courts Three tiers Trial Courts- hear cases first have original jurisdiction Appellate Courts- decide questions of law Supreme Court & other high courts Supreme court has both original and appellate 6% of cases are original in Supreme Court Jurisdiction- right to hear the case District Courts Lowest federal courts Have original jurisdiction – 94 districts at least 1 in each state Involve federal government as a party Constitutional question Civil suite where parties are form different states

Federal Court System District Courts Courts of Appeal Lowest federal courts Have original jurisdiction – 94 districts at least 1 in each state Involve federal government as a party Constitutional question Civil suite where parties are form different states Courts of Appeal 11 circuit courts + DC court of appeals Only hear cases that are appeals- NO NEW TESTIMONY Binding only in their district- do not have national precedent The Supreme Court 9 Judges President nominates the Chief Justice Only deals with cases with national consequences

Appointments to the Supreme Court Justices are picked for the following reasons: Competence Ideological or Policy Preference Rewards Pursuit of Political Support Religion Race and Gender Confirmation Process Investigation Lobbying by Interest Groups Full Senate votes on Confirmation

Deciding a Case Deciding to hear a case -About 9,000 cases reach Supreme Court a year 2003-2004 term heard 90 cases Writ of certiorari – review of appellate court case In forma pauperis- comes from criminal law Almost all are writ of cert. Conference Vote Non-binding vote to see where the justices think they will vote Opinions Majority opinion- court’s ruling; becomes law Concurring Opinion- agrees with ruling but not reasoning Plurality- winning side but not majority- accompanied by concurring opinions Dissenting Opinion- losing side of the arguement

How They Vote Legal Factors Extra-legal Factors Judicial Philosophy Restraint vs. Activism Precedent Built on prior cases Extra-legal Factors Personal Experience Ideology Strategic Voting Public Opinion