Presentation on theme: "April 8 Movie Separation of Powers and Checks and Balances review Notes/discussion over the Judicial Branch Chapter 18 Vocab. and crossword puzzle."— Presentation transcript:
April 8 Movie Separation of Powers and Checks and Balances review Notes/discussion over the Judicial Branch Chapter 18 Vocab. and crossword puzzle Vocab. Quiz Friday
You will be able to: COMPARE and CONTRAST federal and state court systems LIST and EXPLAIN the differences between criminal and civil cases DESCRIBE the basic structure of the Supreme Court SUMMARIZE Supreme Court decisions
Article I of the Constitution, the legislature makes the law. Article II of the Constitution, the executive enforces the law. Article III of the Constitution, the judicial interprets the law. Each branch can “check” the power of the other branches.
Article III, Section I of the Constitution “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.”
GENERAL INFORMATION: TWO different court systems in the U.S. Federal and State Both feed into the US Supreme Court Both hear criminal and civil cases
Why two different court systems? The Articles of Confederation did not establish national courts or a national judiciary. States interpreted and applied the laws as they saw fit. Decisions by the courts in one state were ignored by the courts in other states.
Federal Judiciary -- deals with matters that state courts can’t handle. Ex: disputes between states, disputes between foreign citizens and U.S. states or citizens, and matters that deal with federal laws and the Constitution. State Judiciary -- every matter not handed by the relatively limited federal courts is handled in the state courts. Ex: family law issues, landlord-tenant disputes, probate cases, lawsuits between parties within a single state, and nearly all state criminal offenses.
To determine whether it is federal or state court, you need to look at: The parties involved –Are they all from the same state? –Are they from different states or even different countries? The situation that has lead up to the trial –Is it a state law or federal law that has been broken?
Federal Court System 94 US District Courts in the US 13 Courts of Appeals (13 Circuits) 1 U.S. Supreme Court
State Court System 132 General District Courts 123 Circuit Courts Court of Appeals of VA VA Supreme Court
Two Kinds of Federal Courts U.S. Supreme Court The Constitutional Courts 94 District Courts 12 US Courts of Appeals US Court of Appeals or the Federal Circuit US Court of International Trade The Special Courts US Court of Federal Claims US Tax Court Territorial Courts Courts of DC US Court of Appeals of the Armed Forces US Court of Appeals for Veterans Claims Inferior Courts
US Supreme Court Article III of the Constitution Exercises both original and appellate jurisdiction Most cases come on appeal from the lower federal courts and from the highest State courts. Constitution sets original jurisdiction as: 1. As those to which a state is a party. 2. Those affecting ambassadors, other public ministers, and consuls.
Judicial Review The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial. The Supreme Court is the final authority on the meaning of the Constitution.
Read pages 518-519 Explain Marbury v. Madison. What were the effects of Marbury v. Madison?
Appointment of Justices of the US Supreme Court Presidential appointment with Senate confirmation (judges of the 94 district courts are appointed by the President and confirmed by the Senate) Considerations: balance, experience/qualifications, positions of past decisions, other opinions
Term of office is for life with “good behavior” Removed through impeachment
Congress sets the number of associate justices Judiciary Act of 1789 –Six Judges Congressional Act of 1869 –Chief Justice and 8 associate judges
Supreme Court Sessions Nine month term (October to June) Two week cycles –Hear oral arguments, announce decisions on mondays, and rule of motions –Recess to take care of all other business
Current Supreme Court Justices Chief Justice– John Roberts, appointed by Bush in 2005 Ruth Bader Ginsburg, appointed by Clinton in 1993 (2 nd female justice) Antonin Scalia, appointed by Reagan in 1986 Sonia Sotomayor, appointed by Obama in 2009 ( 1 st Hispanic)
Elena Kagan, appointed by Obama in 2010 Clarence Thomas, appointed by Bush in 1991 (2 nd African American Justice, grew up in Savannah, GA) Samuel Alito, appointed by Bush in 2006 Stephen Breyer, appointed by Clinton in 1994 Anthony Kennedy, appointed by Reagan in 1988