Bellringer Name one legislative power that acts as a check on the courts. Name one Executive power that acts as a check on the courts. What Supreme Court case established the principal of judicial review?

Checks on the Court The President Appoints justices and federal court judges Congress Confirmation impeachment cases Can change the number of district courts

AP Government The Federal Courts THE JUDICIARY

ARTICLE III Weakest Branch in Constitution originally Hamilton’s Federalist Essay #78 Judiciary Act of 1789 established the court system we know today Three Tier System At least One District Court in every state

Boundaries of federal district courts and courts of appeals

JURISDICTION Three Tier System Original Jurisdiction (District Court) Appellate Jurisdiction (11 circuits) Patent Court State Court Systems

How the American judicial system is structured

JUSTICES Originally 6 Supreme Court Justices, the number would fluctuate, but in 1869 it is set at 9 and has remained so since then but can be changed The Constitution places the power to determine the number of Justices in the hands of Congress. The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates.

The Marshall Court: Marbury v. Madison (1803) and Judicial Review National supremacy JUDICIAL REVIEW McCulloch v. Maryland Broad interpretation of the commerce clause Necessary and proper clause 9

John Marshall (1801-1835) has the greatest impact: (Federalist long after all others gone) Marbury v. Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)

Other Justices of some fame: Justice Taney (Dred Scott) Justice Holmes (1st amendment) Justice O’Connor (1st woman) Justice Marshall (1st African-American) Justice Rehnquist ( limiting executive privilege) Justice Warren (rights of the accused and Brown) Justice Roberts (present Chief Justice)

Can Americans name the justices of the Supreme Court?

The justices of the Supreme Court in 2016

Key Terms Precedent- How similar cases have ended up in the past Stare Decisis- Latin for “let the decision stand” Senatorial Courtesy- refers to the placement of state or appeals court judges, if no congressmen from the state of appointment oppose the judge should be confirmed

Key Terms Writ of Certiorari- a legal document issued by the Supreme Court to request the court transcripts of a case. A writ of certiorari indicates that the Court will review a lower court's decision Rule of 4 At least four justices of the Supreme Court must vote to consider a case before it can be heard

Key Terms Amicus Curiae Brief- Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view  Solicitor General-a presidential appointee and the third-ranking office in the department of justice. the solicitor general is in charge of appellate court of the federal government

Key Terms Continued Majority Opinion Concurring Opinion Dissenting Opinion Doctrine of Judicial Restraint Doctrine of Judicial Activism Doctrine of Judicial Implementation

United States vs Nixon Ruled executive privilege (where president could withhold information) unconstitutional except in cases of secret foreign and military affairs Nixon tapes Decreased power of executive branch

Stare decisis literally means what? The right of the court to decide The wise will decide Staring at decisions The stars make decisions Let the decision stand 19

Stare decisis literally means what? The right of the court to decide The wise will decide Staring at decisions The stars make decisions Let the decision stand 20

How Federal Court Judges Are Selected Confirmation Process Investigation American Bar Association Lobbying by interest groups Bork Christian organizations Senate committee hearings and vote More intensive since 1980s Appointments to Supreme Court Importance Unpredictability 21

Who opposed Robert Bork’s appointment to the Supreme Court? The rich White males Libertarians Conservatives Liberals 22

Who opposed Robert Bork’s appointment to the Supreme Court? The rich White males Libertarians Conservatives Liberals 23

The Supreme Court Today Deciding to Hear a Case Supreme Court hears approximately one percent of cases filed Supreme Court issues writ of certiorari to hear case Rule of Four At least four Justices must sign on to a writ of certiorari Role of clerks Initial filtration process To Learning Objectives 24

What does amicus curiae literally mean? Friend of the court The people have spoken The court has spoken A friendly decision A little curious 25

What does amicus curiae literally mean? Friend of the court The people have spoken The court has spoken A friendly decision A little curious 26

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How many cases does the Supreme Court handle?