THE LAW OF THE LAND, 10A, 10B, 10C The Judicial Branch

Supreme Court, Intro What can you take away from this video? How was it designed and why? Was the Supreme Court always in Washington? Why is the Supreme Court library essential to the Courts?

What gives the judiciary it’s power? “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.” -Article III, Section 1

A Dual Court System Two separate court systems in the United States. The national judiciary spans the country with its more than 100 courts. The state court system consists of the 50 states that have their own system of courts.

Organization of the Federal Courts Two types below supreme court: constitutional courts and special courts

A question of Jurisdiction

What is the jurisdiction of each of the federal courts? Exclusive Jurisdiction- Certain cases, such as bankruptcy and federal crimes, can be tried only in federal courts. Concurrent Jurisdiction- Congress allows some cases to be tried in either federal or state courts (cases between citizens of different states) Original Jurisdiction- is the authority of a court to hear a case first. Appellate Jurisdiction- is the authority of a court to review decisions of a trial court

Jurisdiction of Regular Federal Courts U.S. Supreme Court- Appellate and limited original. U.S. Court of Appeals- Appellate U.S. District Court- Original

Supreme Courts Role??? The Supreme Court of the United States is the Court of last resort. It hears appeals from federal, state, and special courts.

How did the Supreme Court Gain status equal to the other two branches of the federal government? The Supreme Court was not always seen as an equal to the Executive and Legislative Branches. Prior to the appointment of Chief Justice John Marshall, the Supreme Court had little power.

Marbury vs. Madison, 1803 What was this case about?

Marbury vs. Madison, 1803 The court asserted its power of judicial review. The case arose in the aftermath of the stormy elections of Thomas Jefferson had won the presidency and control of both houses (Senate and House). The ongoing federalists, stung by their defeat, tried to pack the judiciary with loyal party members. Angered by the Federalists’ attempted court packing scheme, Jefferson ordered James Madison not to deliver commissions to new judges. In a unanimous opinion written by Chief Justice John Marshall, The Court Refused Marbury’s request to challenge Chief Justice John Marshall and Supreme Court for the first time declared an act of Congress Unconstitutional

Marbury vs. Madison activity Read the following excerpt about Marbury vs. Madison and the pros and cons of judicial review. Assignment: (Answer in 1.5 pages) 1. How do you view the Supreme Court? 2. What do you think it’s role should be? 3. Should it be equal to the Executive and Legislative branches? 4. Do you think the Supreme court should have the power of judicial review? (the power of the court to determine the constitutionality of the other two government branches action) 5. Should judges be appointed by the President or voted in by the public, explain why or why not.

Essential Understandings The Supreme court hears cases and makes decisions based on the opinions of the majority of the justices.

How are Supreme Court Cases Decided? Briefs: Both sides of the case and any interested parties submit written information summarizing their points of view. Oral Arguments: Lawyers for each side present oral arguments. They are often questioned by justices reading their arguments. Conference: Following oral arguments, justices meet to discuss the merits of the case. The decision of the court is determined by a majority vote. Opinions: Justices are assigned to write the majority and minority opinions of the court. When all opinions have been written, and justices determine what opinion they support, the decision is announced in public. A justice that disagrees with that opinion may write a dissenting opinion.

Discussion Arguments For and Against Judicial Review- Against: Judges are not elected and their decisions could thwart the popular will. They are appointed for life by a president. For: Some sorts of things (the application of fundamental rights) should be above the realm of day-to-day politics, and because the courts are out of the political process, they can preserve rights even when doing so is unpopular. In an event that the Legislature or executive branch were to become too radical in either direction, a Supreme court that is equal to them in power could potentially keep them in check.

Supreme Court Crossword Puzzle