Homework: OL 11.1 due Wednesday FrontPage: Why are referees important in a game?

Is it a catch and touchdown?

The Federal Judiciary (aka, the Judicial Branch) Chapter 11, Section 1

History of the US Judicial Branch Under the Articles of Confederation, no national courts existed;  The lack of a national court had led to confusion about the interpretation of national laws and provided no way to settle disputes among the states.  For this reason, the lack of a national court system was called the “crowning defect” of the AoC Thus, at the Constitutional Convention, Federalists and Anti-Federalists both agreed on need for a national Supreme Court But….they disagreed on the question of lower federal courts  Federalists – wanted a system of lower federal courts located throughout the nation to interpret national laws, settle disputes  Anti-Federalists – felt lower federal courts would take away state power

The Compromise Article III of the Constitution ▫Creates the Supreme Court; remains vague on issue of lower courts  Leaves question of whether we would have lower federal courts to Congress (to decide later) ▫Also remains vague on other key issues  Court’s composition (# of members), qualifications for judges But does establish “permanent tenure” and “fixed compensation” for federal judges

Will there be lower federal courts? First Congress answers question of lower courts by passing the Judiciary Act during their first session in  A law which creates the first “district courts” and “circuits”  These lower courts help handle the large number of cases brought in federal court

Job of the Federal Judiciary Interpret and apply federal laws and the Constitution ▫Considered the “guardians of the Constitution” Need to be independent and free to make the “right” decision… ▫2 things help:  Lifetime tenure for all federal judges during good behavior  Salary can not be reduced Decide the constitutionality of executive/ legislative actions ▫Use the power of judicial review –  The ability of the Supreme Court to rule on whether presidential, Congressional and even state actions follow the Constitution  **Not in the Constitution

The Power of the Federal Judiciary Originally, the federal courts played a minor role in government ▫Not until after Marbury vs. Madison do the courts even have the power of judicial review Congress and the president have what we might refer to as proactive powers ▫Can initiate actions, don’t have to wait for something to happen Courts have reactive powers ▫Need to wait until a suit is brought before they can exercise their power