2 Essential QuestionsWhy 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) ProcessB) Landmark CasesC) Freedom of Speech4) Putting it all togetherFound In:Article III in the ConstitutionChapters in your textbook
4 Discussion Question “WE ARE A NATION OF LAWS” What are the implications of this statement? What does this mean?
6 Article IIISection 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 IIIThe 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 policyCan undo work of representative institutionsJudicial Activism or Judicial Restraint?Constitutional advocates?Bush v. GoreCitizens United v. FEC
9 Power on federal courts U.S. ConstitutionArticles I-VIIAmendments 1-10 aka Bill of RightsAmendments 11-27Marbury v. MadisonJudicial reviewChecks and Balances
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, LiberalRepublican to Republican appointeesDemocrat to Democrat appointeesAlmost always…Why?
31 U.S. Supreme Court 2012The 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, andRuth Bader Ginsburg