Bell Work 4/19/16 Tuesday Look back in your notes on the Bill of Rights. Which of these Amendments do you think is the most important? The least important? Explain in at least four sentences. *Hint: you’ve done this before*

Agenda You Be the Justice! The U.S. Court System Court Case Project Overview Court Case Project Work Time

Supreme Court Scenarios On the next slide, you will read one of two scenarios Your task is to discuss the scenario with your partner and record in your notebook What are the two sides of the argument? Which side do you agree with? Explain why - points given for those who use an Amendment in their answer :)

The Federal Court System Step 1 - Read pages 238-242 Step 2 - On a separate sheet of paper, answer questions 1-5 on page 242 Step 3 - Read pages 243-247 Step 4 - On the same sheet as earlier, answer questions 1-6 on page 247 Will be collected!

How are cases decided? Lower courts rely on precedents from SCOTUS. Precedent = rule created by SCOTUS in their majority opinions Stare Decisis = Latin for “let the decision stand” Precedents apply to all lower courts until SCOTUS makes a new rule

SCOTUS Case Group Project We will spend the next several days looking at different court cases - to be taught by you! FORMAL grade Main Idea: Teach us the background and importance of Supreme Court Case Team Project

How are cases decided? Lower courts rely on precedents from SCOTUS. Precedent = rule created by SCOTUS in their majority opinions Stare Decisis = Latin for “let the decision stand” Precedents apply to all lower courts until SCOTUS makes a new rule

Marbury v. Madison - Facts of the Case The Judiciary Act of 1789 gave the President the power to appoint 42 new judges in Washington, DC. This occurred in early 1801, just after Thomas Jefferson beat the current president, John Adams, in the election. In one of his last acts as president, John Adams appointed these justices and Secretary of State James Madison delivered the paperwork to all but four. Thomas Jefferson became president at this point and ordered James Madison to not deliver the appointment paperwork. William Marbury was one of the four who did not receive his appointment in time. He sued James Madison, claiming he had a right to his appointment.

Marbury v Madison - Constitutional Issue Is the Supreme Court the place for Marbury to obtain his appointment? Also, is Marbury entitled to his appointment? Amendments/Clauses - Article III of the Constitution establishes the judicial branch but does not list its powers.

Marbury v Madison - Outcome of the Case The Supreme Court ruled in a 5-1 vote that Marbury’s rights had been violated under the Judiciary Act. While the Judiciary Act gives the Supreme Court the power to force Jefferson to accept Marbury’s appointment, the Court decides that the Judiciary Act is UNCONSTITUTIONAL because it gave the Supreme Court powers not provided in the Constitution.

Marbury v Madison - Lasting Impact In the Court’s decision, they established the principle of judicial review - meaning the Court can declare an act of Congress, the President, or a state to be unconstitutional. This case made the Supreme Court extremely powerful!

Group Project: Phase 1 This phase is to complete your research which is guided by the rubric “scotuscaserubric.docx” on my website. This will be a separate INFORMAL grade. All group members need to complete their own hand writen copy to turn in!