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The Judicial Branch Unit V.

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Presentation on theme: "The Judicial Branch Unit V."— Presentation transcript:

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



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

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