Article III – the powers are given to the federal courts (Supreme Court) in this part of the Constitution Original Jurisdiction- Cases that go directly to the U.S. Supreme Court These are limited to only 2 types: Cases that concern ambassadors and foreign envoys; Cases between States.

Appellate Jurisdiction – Cases that go the U. S Appellate Jurisdiction – Cases that go the U.S. Supreme Court on appeal Writ of Certiorari – court order to send a case to a higher court *Steps in becoming a member of the U.S. Supreme Court: Appointed by the President; Approved by the Senate.

Remuneration - Salary of members of the U.S. Supreme Court Salary of the (1) Chief Justice – $217,400 Salaries of (8) Associate Justices – $208,100 9 total members of the Supreme Court! *Retirement Qualifications: 65/15 – 65 and served 15 years; 70/10 – 70 and served 10 years.

The U.S. Supreme Court begins its session each year on the first Monday in October! * Chief Justice – John Roberts Associate Justices: Sonia Sotomayor Elena Kagan Clarence Thomas Antonin Scalia Ruth B. Ginsberg Stephan Breyer Anthony Kennedy Samuel Alito

Selected Chief Justices of the Supreme Court John Jay – 1st U.S. Chief Justice John Marshall – Served the longest as Chief Justice William Howard Taft – Served as President and later Chief Justice of the Court Warren Burger – Came from D.C. John Roberts – Today’s Chief Justice

Marbury v. Madison – 1803 John Adams was President and was seeking re-election. His Federalist lost and Thomas Jefferson was elected to the office. Adams appointed 16 appellate court judges, which were nicknamed the “Midnight Appointments”

When Madison, Jefferson’s Secretary of State, tried to deliver the appointments made by Adams, he was ordered not to give any of those appointments Marbury was one of those was supposed to receive an appointment (his was to D.C.), so he filed a lawsuit against Madison to get his job (Marbury v. Madison)

This case goes directly to the U.S. Supreme Court! The lawsuit filed by Marbury against Madison was based on Article 13 of the Judiciary Act of 1789 Marbury asked the Supreme Court to issue a writ of mandamus – a court order to do something (in this case - an order to receive the job)

The Chief Justice for this case was John Marshall *The Court seemed to have only 2 options: Favor Marbury, but President Jefferson might simply ignore the Court; Favor Madison, but then the Court would be accused of just taking orders.

*The decision of the Supreme Court – we cannot rule in this case, because the law that brought this case to the Supreme Court is “unconstitutional” This established the doctrine of “judicial review” – which allows the Supreme Court to review an action that is in a case to decide if it is “constitutional” or not (this was the 1st time a federal law was declared “unconstitutional”)

Fletcher v. Peck – 1810 – Georgia 1st time a “State” law was declared “unconstitutional” Court Packing Plan of F.D.R. – this involved New Deal legislation that the Court was declaring “unconstitutional” – F.D.R. asked Congress to force members of the Court to retire at age 70 – which would allow him to choose 5 members – but Congress said NO!

The Privacy on One’s Body in the case, Roe v. Wade – 1973 Vagueness and the law – if any law is considered “vague” by the Court, it is automatically “unconstitutional” The Privacy on One’s Body in the case, Roe v. Wade – 1973 Abortion – as defined by the Court – the voluntary termination of pregnancy The Law involved in this case was a Dallas County Statute

Dr. James Hallford was amicus curiae – a friend of the court – and testified for Jane Roe in the trial, stating that the Dallas statute was unfair and did not allow him to freely practice medicine *The lower federal court (3 judge panel) issued a 2 part ruling: 1. The Statute is “unconstitutional”; 2. The abortion could not be performed until the Supreme Court reviewed the case.

“Quickening of the Fetus” – a legal term for the 1st visual movement of the fetus – around the 4th month of pregnancy Early Abortion Laws: Before the 1820’s – having an abortion after the “quickening of the fetus” was punishable by death; After the 1870’ – having a abortion after the “quickening of the fetus” was punishable by “life” in prison

*Reasons for the passage of anti-abortion laws: Protection of the Mother; Protection of the Fetus; To keep a woman in her place through the legal necessity of bearing children and preserving Victorian sexual mores.

*Reasons for the repeal of many of these anti-abortion laws: Better medical techniques (new technologies); The advent of the “pill”; The Women’s Liberations Movement. The fear of “overpopulation”;

*3 part decision in Roe v. Wade During the 1st trimester, the decision to have an abortion is up to the doctor and the Mother; During the 2nd trimester, the states can “slightly” restrict abortions’ During the 3rd trimester, abortions can be performed only to save the life of the Mother.

*The Supreme voted 7 – 2 in favor of Roe with 2 dissenting justices: William Rehnquist (appointed Chief Justice later by President Reagan); Byron White. The majority opinion was given by Associate Justice Harry Blackmum, in which he stated that “potential” life did not begin until the 3rd trimester or the 7th month of pregnancy.