Unit 5: The final branch of government The Judicial Branch Unit 5: The final branch of government

What are the 3 branches of government? Legislative (Congress): Senate and the HoR (make laws) Executive: President and his Cabinet (enforce laws) Judicial: Supreme Court and the legal system (Judicial reviews)

The Constitutional Courts: Appeals courts Supreme Court Court of Federal Claims Territorial Courts Washington DC Court Tax Court Military Appeals Court Appeals for Veterans 94 District Courts 12 US Court of Appeals Federal Appeals Court of International Trade The Supreme Court is the final law of the land, but because they can not hear every case, there is an “inferior” court system. The Constitutional Courts: Appeals courts The Special Courts: (Legislative Courts) Specific topics related to Congress In addition to the Federal Court system, each state has their own court system also.

Need to know: Jurisdiction: Where a court has authority or power. Federal crimes are tried in a federal court Misdemeanors and lesser crimes are tried in state or local courts Federal judges are appointed for life President chooses Supreme Court judges Congress chooses Federal judges Judges were always lawyers, professors, or in some cases previous senators Judges are appointed based on political persuasion but they are supposed to be impartial legal interpreters

Judicial Review: The Supreme Court’s sole purpose is to determine if Federal laws or policies are “Constitutional” All decisions must be based within evidence and support found within the Constitution. Marbury v. Madison: First major Supreme Court case– Court ruled President Madison was acting unconstitutionally.

Supreme Court decisions The Supreme Court will hear oral arguments The Judges are given briefs Judges will go into “Conference” (This could last for months). Judges will deliver the court opinion Majority opinion rules Dissenting opinions are also published Establish precedence

Special Courts: Special laws Court of Federal Claims: Suing the government Territorial Courts: For places outside of the 50 states: (Guam, Puerto Rico, etc… DC is considered outside the 50 States… they have their own court) Military Courts: military soldiers have different rules (Martial Law) so they have their own courts Tax Courts: Disputes over tax laws and federal tax evasion cases – IRS Court

Constitutional Rights Chapter 19 Constitutional Rights

The Supreme Court is ultimately responsible for protecting our: Bill of Rights (1st Ten Amendments) Citizenship rights Civil rights and liberties 1st Amendment: Freedom of expression, religion 2nd Amendment: Right to Bear Arms 13th, 15th, 19th, Amendments: ability to vote and be involved in politics 14th Amendment: Due Process: Miranda Rights

Controversial Topics (1st Amendment) Freedom of Religion Separation of Church and State Religion, Prayer in schools should be allowed? Same – Sex unions Education, Science, Curriculum Abortion Displaying the 10 Commandments and celebrating religious holidays in public

1st Amendment: Free Speech and assembly of Petition Cannot cause harm to another (No yelling fire in a crowd) Libel: false stuff in writing Slander: false stuff said Seditious speech: (speaking out against the government and threatening violence) Pornography, obscenity, affects of media on youth and tv rating and media censorship Symbolic speech? Protesting, flag burning, picketing, protesting Have a right to protest: Cannot assemble on private property

2nd Amendment Right to own firearms…. Controversial right now because of all of the shootings. 2nd Amendment says we have a right to bear arms and form a militia if our government becomes a dictatorship… Extra Credit: Do a little media research and present the arguments for and against Gun Control. (Minimum 5 points each side)