1. The Judiciary! Chapter 10

2. ARTICLE III Weakest Branch in Constitution originally
Hamilton’s Federalist Essay #78
Judiciary Act of 1789 established the court system we know today
Three Tier System
Supreme
Circuit Courts (appellate)
At least One District Court in every state

3. Boundaries of federal circuit courts and courts of appeals

4. JURISDICTION Three Tier System Original Jurisdiction (District Court)
Appellate Jurisdiction (11 circuits)
Patent Court: IP is always federal
State Court Systems: Foreclosure, divorce, etc.

5. How the American judicial system is structured

6. KEY JUSTICES John Jay was the first
Chisholm v. Georgia lawsuit (his decision leads to the 11th amendment prohibiting suits against states in Federal Court)
Felt job so weak he leaves to be Gov. of NY
Originally 6 Sup. Ct. Justices, the number would fluctuate, but in 1869 it is set at 9 and has remained so since then but can be changed

7. The Marshall Court: Marbury v. Madison (1803) and Judicial Review
Federalist No. 78
Marbury v. Madison
Necessary and proper clause
National supremacy
McCulloch v. Maryland
Broad interpretation of the commerce clause 7

8. John Marshall (1801-1835) has the greatest impact: (Federalist long after all others gone)
Marbury v. Madison (1803)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)

9. Other Justices of some fame:
Justice Taney (Dred Scott)
Justice Holmes (1st amendment)
Justice O’Connor (1st woman)
Justice Marshall (1st African-American)
Justice Rehnquist (moderate civil rights)
Justice Warren (rights of the accused and Brown)
Justice Roberts (present Chief Justice)

10. Can Americans name the justices of the Supreme Court?

11. The justices of the Supreme Court, until 2016

13. Key Terms Precedent: Case History
Stare Decisis: Principle of following precedent
Senatorial Courtesy: Respect to homeland
Writ of Certiorari: Application to be heard
And the rule of 4
Amicus Curiae: “friendly” brief
Solicitor General: Lawyer representing USA
First Monday in October: Court is in session!

14. 10 Minutes Challenge!
Locate and describe as many Presidential and Judicial Powers as possible:
Presidential Judicial

15. Key Terms Continued Majority Opinion Concurring Opinion
Dissenting Opinion
Doctrine of Judicial Restraint
Doctrine of Judicial Activism
Doctrine of Judicial Implementation

16. the government, bureaucratic agencies
In criminal trials ___________ is/are the plaintiff(s), while in civil trials ___________ is/are the plaintiff.
the government, bureaucratic agencies
the states, the federal government
private individuals or groups, the government
the government, private individuals or groups
private individuals or groups, bureaucratic agencies 16

17. the government, bureaucratic agencies
In criminal trials ___________ is/are the plaintiff(s), while in civil trials ___________ is/are the plaintiff.
the government, bureaucratic agencies
the states, the federal government
private individuals or groups, the government
the government, private individuals or groups
private individuals or groups, bureaucratic agencies 17

18. Stare decisis literally means what?
The right of the court to decide
The wise will decide
Staring at decisions
The stars make decisions
Let the decision stand 18

19. Stare decisis literally means what?
The right of the court to decide
The wise will decide
Staring at decisions
The stars make decisions
Let the decision stand 19

20. How Federal Court Judges Are Selected
Confirmation Process
Investigation
American Bar Association
Lobbying by interest groups
Bork
Christian organizations
Senate committee hearings
and vote
More intensive since 1980s
Appointments to Supreme Court
Importance
Unpredictability 20

21. The Supreme Court Today
Deciding to Hear a Case
Supreme Court hears approximately one percent of cases filed
Supreme Court issues writ
of certiorari to hear case
Rule of Four
At least four Justices must sign on to a writ of certiorari
Role of clerks
Initial filtration process
To Learning Objectives 21

22. What does amicus curiae literally mean?
Friend of the court
The people have spoken
The court has spoken
A friendly decision
A little curious 22

23. What does amicus curiae literally mean?
Friend of the court
The people have spoken
The court has spoken
A friendly decision
A little curious 23

24. A strict constructionist believes in a(n) ____________ constitution.
living
inherently evil
inherently good
Christian
dead 24

25. A strict constructionist believes in a(n) ____________ constitution.
living
inherently evil
inherently good
Christian
dead 25

26. Back
To Learning Objectives

27. How many cases does the Supreme Court handle?