Highlights: The Judicial Branch SS.7.C.3.8/SS.7.3.9 Analyze the structure, functions, and processes of the legislative, executive, and judicial branches of government. Terri Susan Fine, Ph.D. Content Specialist, Florida Joint Center for Citizenship

Benchmark SS.7.C.3.8 (Also assesses SS.7.3.9) Analyze the structure, functions, and processes of the legislative, executive, and judicial branches. SS.7.3.9 Illustrate the lawmaking processes at the local, state, and federal levels.

The U.S. Supreme Court

The Powers of the Judicial Branch Explanation of Power Example Court Order a formal statement from a court that orders someone to do or stop doing something The Florida Supreme Court ordered that the Circuit Court in Leon County hand count 9000 ballots from Miami-Dade County following the November 7, 2000 presidential election. It also ordered that all Florida counties hand count ballots which did not indicate a vote for president (see Benchmark 3.12). Summary adapted from www.oyez.org, Bush v. Gore. Judicial Review the power of the U.S. courts to examine the laws or actions of the legislative and executive branches of the national and state governments and to determine whether such actions are consistent with the U.S. Constitution Marbury v. Madison (see Benchmark 3.12) The spirit of checks and balances suggests that the U.S. Supreme Court oversee the work of determining the constitutionality of legislation and executive orders because the president and Congress (or the governor and state legislature) have already participated in the legislative process.

The Powers of the Judicial Branch Explanation of Power Example Summary Judgment an attempt to stop a case from going to trial; also, a judgment decided by a trial court without that case going to trial In 2011, a federal judge issued a summary judgment ruling that Derek Turner and Toby Blome’s First Amendment free speech freedoms (see Benchmark 2.4) were violated by the Golden Gate Bridge District (San Francisco, CA) that required small groups to obtain permits to use the walkway. Further, protests were banned after 2pm on weekends. Turner wanted to protest China’s foreign policy during the Olympic torch relay while Blome wished to oppose the war in Iraq (Gulf War II; see Benchmark 4.3) Writ of Certiorari a writ of certiorari is issued when a higher level court agrees to hear an appeal of an inferior (lower) court’s decision All cases that come before the U.S. Supreme Court on appeal must be granted a writ of certiorari because these cases have been heard by lower courts. In Benchmark 3.12, all cases listed (including the case named in the content focus) were appeals except Marbury v. Madison.