1. Unit 5: The final branch of government
The Judicial Branch
Unit 5: The final branch of government

2. What are the 3 branches of government?
Legislative (Congress): Senate and the HoR (make laws)
Executive: President and his Cabinet (enforce laws)
Judicial: Supreme Court and the legal system (Judicial reviews)

3. The Constitutional Courts: Appeals courts
Supreme Court
Court of Federal Claims
Territorial Courts
Washington DC Court
Tax Court
Military Appeals Court
Appeals for Veterans
94 District Courts
12 US Court of Appeals
Federal Appeals
Court of International Trade
The Supreme Court is the final law of the land, but because they can not hear every case, there is an “inferior” court system.
The Constitutional Courts: Appeals courts
The Special Courts: (Legislative Courts) Specific topics related to Congress
In addition to the Federal Court system, each state has their own court system also.

4. Need to know: Jurisdiction: Where a court has authority or power.
Federal crimes are tried in a federal court
Misdemeanors and lesser crimes are tried in state or local courts
Federal judges are appointed for life
President chooses Supreme Court judges
Congress chooses Federal judges
Judges were always lawyers, professors, or in some cases previous senators
Judges are appointed based on political persuasion but they are supposed to be impartial legal interpreters

5. Judicial Review:
The Supreme Court’s sole purpose is to determine if Federal laws or policies are “Constitutional”
All decisions must be based within evidence and support found within the Constitution.
Marbury v. Madison: First major Supreme Court case– Court ruled President Madison was acting unconstitutionally.

6. Supreme Court decisions
The Supreme Court will hear oral arguments
The Judges are given briefs
Judges will go into “Conference” (This could last for months).
Judges will deliver the court opinion
Majority opinion rules
Dissenting opinions are also published
Establish precedence

7. Special Courts: Special laws
Court of Federal Claims: Suing the government
Territorial Courts: For places outside of the 50 states: (Guam, Puerto Rico, etc… DC is considered outside the 50 States… they have their own court)
Military Courts: military soldiers have different rules (Martial Law) so they have their own courts
Tax Courts: Disputes over tax laws and federal tax evasion cases – IRS Court

8. Constitutional Rights
Chapter 19
Constitutional Rights

9. The Supreme Court is ultimately responsible for protecting our:
Bill of Rights (1st Ten Amendments)
Citizenship rights
Civil rights and liberties
1st Amendment: Freedom of expression, religion
2nd Amendment: Right to Bear Arms
13th, 15th, 19th, Amendments: ability to vote and be involved in politics
14th Amendment: Due Process: Miranda Rights

10. Controversial Topics (1st Amendment)
Freedom of Religion
Separation of Church and State
Religion, Prayer in schools should be allowed?
Same – Sex unions
Education, Science, Curriculum
Abortion
Displaying the 10 Commandments and celebrating religious holidays in public

11. 1st Amendment: Free Speech and assembly of Petition
Cannot cause harm to another
(No yelling fire in a crowd)
Libel: false stuff in writing
Slander: false stuff said
Seditious speech: (speaking out against the government and threatening violence)
Pornography, obscenity, affects of media on youth and tv rating and media censorship
Symbolic speech? Protesting, flag burning, picketing, protesting
Have a right to protest: Cannot assemble on private property

12. 2nd Amendment Right to own firearms….
Controversial right now because of all of the shootings.
2nd Amendment says we have a right to bear arms and form a militia if our government becomes a dictatorship…
Extra Credit: Do a little media research and present the arguments for and against Gun Control.
(Minimum 5 points each side)