AP US Government Judicial Branch

The creation of Judicial Review Election of 1800: Federalists lost both the Presidency and control of the Congress. BUT The Federalists passed the Judiciary Act of 1801 (“Midnight Judges”) William Marbury was appointed to a judgeship as a justice of the peace for DC When Jefferson became President, he told Sec. of State Madison not to deliver Marbury’s appointment papers. Marbury sued. The Supreme Court faced a dilemma. If it ruled… For Marbury: defied by Jefferson. Against Marbury: admit the Court had no power. Marshall ruled against Marbury (on a technicality). He ruled the judiciary had the right and responsibility to decide what was and what was not constitutional.

The creation of judicial review Marbury v Madison set a precedent: even though Marbury lost this battle, the case gave the Supreme Court the power to decide what is and is not Constitutional.

The Judicial Branch & the Constitution Initially, the Bill of Rights was only supposed to be applied to Federal cases. Post-civil war: The 13th, 14th and 15th Amendments were written to protect the interests of all citizens. All states must follow the 14th Amendment, which requires due process and equal protection to all citizens.

The Judicial Branch and the Constitution Various court cases have ruled that due to the 14th amendment, states must also adhere to other amendments. This is known as the Incorporation Doctrine. Example: A citizen is suing a state for forcing him to stop printing his extreme left-wing internet magazine. The state must allow the citizen to continue publishing because, according to the 14th Amendment, all citizens must receive equal protection under the law. This citizen’s 1st Amendment right (freedom of press) must therefore be protected.

Rights in the Bill of Rights that have been “Incorporated” through the 14th Amendment Privacy Free Speech Free Press Freedom of Religion Assembly and petition rights “Association” Search and seizure Exclusion of evidence Self incrimination Confront witnesses Impartial jury Speedy trial Right to counsel Public trial Cruel and unusual punishment

Federal Judicial Terms: How long do they serve? Both Federal Judges and Supreme Court judges serve life terms In other words, they hold their seat as Judge until they step down, or pass away Therefore, their initial selection is very important, and very political

Judicial Selection Ideal: balance of conservative and liberal judges Liberal judges: stronger use of laws, with the goal of flexibility and equality Conservative judges: limited court control, and prefer liberty & state courts Once nominees are submitted, they are investigated & the Senate Judiciary Committee has hearings & votes.

The Supreme Court’s Work 99% of Supreme Court Cases are remanded The chief justice acts as a guide/chairperson but his vote holds no more weight than that of another judge. Arguments/debates within the court are considered private Lawyers are very limited in what they may present to the judge.

Supreme Court Decisions Once the court has reached a majority (5 to 9), they will share their decision and explain what it means: Majority Opinion: How the case influences the interpretation of the Constitution. Minority Opinion: The opinion of those who disagreed Concurrent Opinion: Voted with the Majority, but do not agree with the Majority Opinion, & publish their opinion

What types of cases does the supreme court hear? Cases as laid out by the Article 3 of the Constitution Federal laws that a state court declared unconstitutional Appeals granted by state Supreme Courts State laws that a lower federal court declared unconstitutional Cases granted an appeal by the Supreme Court from lower federal courts If any 4 of the judges wants to hear the case, the entire court will hear it

Vocabulary Doctrine of Judicial Restraint Precedent Stare Decisis Senatorial Courtesy Writ of Certiorari Amicus Curiae Solicitor General First Monday in October Doctrine of Judicial Restraint Doctrine of Judicial Activism Doctrine of Judicial Implementation