1. AP US Government Judicial Branch

2. The creation of Judicial Review
Election of 1800: Federalists lost both the Presidency and control of the Congress.
BUT The Federalists passed the Judiciary Act of 1801 (“Midnight Judges”)
William Marbury was appointed to a judgeship as a justice of the peace for DC
When Jefferson became President, he told Sec. of State Madison not to deliver Marbury’s appointment papers. Marbury sued.
The Supreme Court faced a dilemma. If it ruled…
For Marbury: defied by Jefferson.
Against Marbury: admit the Court had no power.
Marshall ruled against Marbury (on a technicality). He ruled the judiciary had the right and responsibility to decide what was and what was not constitutional.

3. The creation of judicial review
Marbury v Madison set a precedent: even though Marbury lost this battle, the case gave the Supreme Court the power to decide what is and is not Constitutional.

4. The Judicial Branch & the Constitution
Initially, the Bill of Rights was only supposed to be applied to Federal cases.
Post-civil war: The 13th, 14th and 15th Amendments were written to protect the interests of all citizens.
All states must follow the 14th Amendment, which requires due process and equal protection to all citizens.

5. The Judicial Branch and the Constitution
Various court cases have ruled that due to the 14th amendment, states must also adhere to other amendments.
This is known as the Incorporation Doctrine.
Example: A citizen is suing a state for forcing him to stop printing his extreme left-wing internet magazine.
The state must allow the citizen to continue publishing because, according to the 14th Amendment, all citizens must receive equal protection under the law.
This citizen’s 1st Amendment right (freedom of press) must therefore be protected.

6. Rights in the Bill of Rights that have been “Incorporated” through the 14th Amendment
Privacy
Free Speech
Free Press
Freedom of Religion
Assembly and petition rights
“Association”
Search and seizure
Exclusion of evidence
Self incrimination
Confront witnesses
Impartial jury
Speedy trial
Right to counsel
Public trial
Cruel and unusual punishment

7. Federal Judicial Terms: How long do they serve?
Both Federal Judges and Supreme Court judges serve life terms
In other words, they hold their seat as Judge until they step down, or pass away
Therefore, their initial selection is very important, and very political

8. Judicial Selection Ideal: balance of conservative and liberal judges
Liberal judges: stronger use of laws, with the goal of flexibility and equality
Conservative judges: limited court control, and prefer liberty & state courts
Once nominees are submitted, they are investigated & the Senate Judiciary Committee has hearings & votes.

10. The Supreme Court’s Work
99% of Supreme Court Cases are remanded
The chief justice acts as a guide/chairperson but his vote holds no more weight than that of another judge.
Arguments/debates within the court are considered private
Lawyers are very limited in what they may present to the judge.

11. Supreme Court Decisions
Once the court has reached a majority (5 to 9), they will share their decision and explain what it means:
Majority Opinion: How the case influences the interpretation of the Constitution.
Minority Opinion: The opinion of those who disagreed
Concurrent Opinion: Voted with the Majority, but do not agree with the Majority Opinion, & publish their opinion

12. What types of cases does the supreme court hear?
Cases as laid out by the Article 3 of the Constitution
Federal laws that a state court declared unconstitutional
Appeals granted by state Supreme Courts
State laws that a lower federal court declared unconstitutional
Cases granted an appeal by the Supreme Court from lower federal courts
If any 4 of the judges wants to hear the case, the entire court will hear it

13. Vocabulary Doctrine of Judicial Restraint
Precedent
Stare Decisis
Senatorial Courtesy
Writ of Certiorari
Amicus Curiae
Solicitor General
First Monday in October
Doctrine of Judicial Restraint
Doctrine of Judicial Activism
Doctrine of Judicial Implementation