1. The Judicial Branch
Unit V

2. Essential Questions
Why is the Federal Judiciary set up the way that it is?
How has/does the Judicial Branch affect(ed) American society?
What does it mean that we enjoy “relative” rather than “absolute” rights?

3. Outline 1) Judicial Review 2) Structure 3) The Supreme Court
A) Process
B) Landmark Cases
C) Freedom of Speech
4) Putting it all together
Found In:
Article III in the Constitution
Chapters in your textbook

4. Discussion Question “WE ARE A NATION OF LAWS”
What are the implications of this statement? What does this mean?

5. The Judicial Branch

6. Article III
Section 1.
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.
The Constitution creates only the Supreme Court of the United States. It gives the Congress the power to establish other lower, federal courts.

7. Article III
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Comprehension, which shall not be diminished during their Continuance in Office.
“…during good Behavior” a.k.a. life

8. Role of the courts in American government
Make policy
Can undo work of representative institutions
Judicial Activism or Judicial Restraint?
Constitutional advocates?
Bush v. Gore
Citizens United v. FEC

9. Power on federal courts
U.S. Constitution
Articles I-VII
Amendments 1-10 aka Bill of Rights
Amendments 11-27
Marbury v. Madison
Judicial review
Checks and Balances

10. Defendant Arrested
Trial Court
Not Guilty
Guilty
can appeal to
Defendant
Free
Court of Appeals
Reverse
Conviction
Uphold
Conviction
can appeal to
Defendant
Free
Minnesota
Supreme Court
Reverse Conviction
Uphold
Conviction
Defendant Free

11. Dual Court System
States
Federal

13. Judicial review of state laws

14. Minnesota Court System

15. Federal system 94 District Courts: Criminal and Civil cases
13 Appeals Courts  Appellate
Justices – Life terms (“Good behavior”)
1 Supreme Court
Judicial Review  Marbury v. Madison

17. SCOTUS

18. U.S. Supreme Court

19. Supreme Court of the United States
Ultimate court of appeals in the U.S.
Does not deal with guilt or innocence

20. U.S. Supreme Court Cases appealed from federal and state system
Control of docket (5k-7k  hear )
Session (October - June)
Justices - 9 (life, appointed by president, confirmed by senate)

21. Supreme Court (continued)
Control over docket (rule of four)
Solicitor general
Amicus curiae brief
Grant review
Oral arguments
Conference
Judgment
Chief Justice

22. Session
Cases are heard with all the Justices sitting together in open court.
Majority, Concurring, and Dissenting Opinions

23. U.S. Supreme Court

24. John G. Roberts, Jr. Chief Justice
First among equals
Gets to decide who write the majority opinion
Nominated by George W Bush

25. Reagan’s Nominees
Antonin Scalia Anthony Kennedy

26. HW Bush’s Nominees
Clarence Thomas

27. Clinton’s Nominees
Ruth Bader Ginsberg Stephen Breyer

28. W Bush’s Nominees
Samuel Alito

29. Obama’s Nominees
Sonia Sotomayer Elena Kagan

30. Justices of the Supreme Court
Nine Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial. For example?
Nomination and confirmation can sometimes become very “political”
Conservative, Moderate, Liberal
Republican to Republican appointees
Democrat to Democrat appointees
Almost always…Why?

31. U.S. Supreme Court 2012
The Roberts Court, 2012 Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan.
Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and
Ruth Bader Ginsburg

32. The Judicial Branch
Unit V