Unit 2: The Workings of American Government Part 2: The Judicial Branch

The National Judiciary Structure

The National Judiciary Structure District Courts Most local level of federal courts 94 District Courts First time cases only – NO APPEALS Hears the most cases of any level

The National Judiciary Structure Appellate Courts Courts of appeals And ONLY appeals 12 Circuit Courts PLUS Federal Circuit Court Nationwide reach Located in DC

The National Judiciary Structure The Supreme Court 9 Justices Takes appeals by selection Sometimes takes original cases

The Supreme Court Justices Nominated by the President (Executive Branch) Confirmed (or rejected) by the Senate (Legislative Branch) Serve until they decide to resign, retire or when they die Can only be removed for high crimes, treason and misdemeanors Must go through the impeachment process to be removed

Judicial Review William Marbury Was appointed Justice of the Peace of Washington D.C. by President John Adams Got the position because he was loyal to the Federalist Party President Adams appointed him late in the night of his last night in office Adams had lost the presidency to Thomas Jefferson

Judicial Review James Madison Was Secretary of State for new president, Thomas Jefferson Madison and Jefferson belonged to the Democratic-Republican Party Madison found Marbury’s appointment signed by the past president, Adams, on his desk – undelivered! Jefferson told Madison NOT to deliver it

Judicial Review Marbury sues Madison in the Supreme Court Wants to FORCE Madison to deliver his appointment Becomes known as Marbury v. Madison The Supreme Court Led by Chief Justice John Marshall Unanimously found AGAINST Marbury Said the law Marbury was using to sue Madison was unconstitutional  A NEW POWER IS BORN!

Supreme Court Decisions Decisions are called “Opinions” Majority Opinion The “winning” opinion “The Opinion of the Court” The finding of most of the justices Concurrent Opinion Those who agree with the outcome But for different reasons Dissenting Opinion Those who oppose the outcome The “losing” opinion

Judicial Restraint vs. Judicial Activism Judges need to show self-control Judges should only look at the letter of the law Judges should only look at precedent Judicial Activism Judges should look at the letter of the law AND the intent of the law Judges should look at precedents AND the time period it began Judges need to revise laws and precedents with changing times

Textbook Readings Pages 520 – 524 (5 pages) Page 527 (1 page) Page 528 – 531 (4 pages) Pages 532 – 534 (3 pages) Page 537 (1 page) Total of 14 pages