Aim: What are the roles and responsibilities of the Judicial Branch? Do Now: What type of impact can a Supreme Court decision have on the United States? Review – Name one Supreme Court Case that had a significance on American Society and why. Homework: Current Event On Controversial Issue Due – Friday, May 10, 2019 (HW and Quiz Grade)

The Judicial Branch What type of impact can a Supreme Court decision have on the United States? Review – Name one Supreme Court Case that had a significance on American Society and why.

The Judicial Branch Article III of the Constitution describes the Supreme Court, made up of nine Supreme Court justices, and gives Congress the power to create lower courts. State courts base their power on the authority of state constitutions and laws. The Judicial Branch’s main responsibility is to interpret the laws for the country.

Jurisdiction Exclusive Jurisdiction: Federal court cases involving the Constitution, federal laws, treaties and acts of Congress. Concurrent Jurisdiction: Disputes involving citizens of different states may go either to state or federal court (if $50,000 or more) or if a person breaks both a state and federal law. Dual Sovereignty: State and federal authorities can prosecute an individual for the same crime.

Types of Law Civil Law: Governs the relations between individuals and defines their legal rights. Plaintiff usually seeks damages in the form of $ from the defendant. Criminal Law: The government is the prosecutor and brings charges against the defendant. Constitutional Law: Federal courts consider cases based on the U.S. constitution to decide whether a law or action conflicts with the constitution.

Public Policy Judicial Review: Marbury v. Madison (1803) Strict Construction (Judicial Restraint) Loose Construction (Judicial Activism)

Types of Cases the Supreme Court Hears The first kind involves disputes between states. The second involves foreign ambassadors. It serves as a final court of appeals. It hears cases that have been tried and appealed as far as law permits in federal and state courts.

Role of the Supreme Court If the Supreme Court finds that a law passed by Congress conflicts with (goes against) the Constitution it must declare the law unconstitutional. The law is then “thrown out”. This power to review a law and decide whether it is constitutional or not is known as judicial review. A Supreme Court decision sets a precedent (a rule that must be followed and applied to similar situations in the future) for all U.S. courts to follow when making their decisions.

Evolution of Federal Courts Federalist #78: Hamilton discussed the question of whether the Supreme Court should have the authority to declare acts of Congress null and void because, in the Court's opinion, they violated the Constitution.

Evolution of Federal Courts 1789-1865: National Supremacy during the first and least active era, the unresolved jurisdictional boundaries between the national and state governments were at the heart of the judiciary's most significant cases. Marbury vs. Madison (1803) McCulloch vs. Maryland (1819) Dred Scott vs. Sanford (1857)

Evolution of Federal Courts 1865-1937: Regulating the National Economy the major issue during this era (Civil War to 1930s) was the government's regulation of the economy. –primacy of property rights –Fourteenth Amendment - Plessy vs. Ferguson (1896) –Lochner vs. New York(1905) –stock market crash of 1929 and economic depression –FDR’s Court-packing plan

Evolution of Federal Courts 1938-Present: The Rise of Civil Rights and Liberties during this period the Court's main object of concern was the relationship between the individual and the government. Before winning victories in Congress, civil rights proponents found a Supreme Court willing to support their cause. Brown vs. Board of Education (1954) Miranda vs. Arizona (1966) Roe vs. Wade (1973) Tinker vs. Des Moines School District (1969) New Jersey vs. TLO (1985)

Structure of Federal Courts Constitution requires the Supreme Court—All other federal courts created by Congress Legislative Courts – do not have to follow requirements set out in Article III of Constitution Constitutional Courts -District Courts - 94 with at least one in each state -Courts of Appeals – 12 - one in each of 11 regions and one in Washington D.C.

3 Major Steps in the Federal System Courts Judges 1 Supreme Court 9 12 Court of Appeals 3 91 1 District Court

Requirements of Judges The President appoints all federal justices and the Constitution provides no specific criteria. The Senate must confirm the president’s nominees – Litmus Test According to the Constitution Federal judges may serve as long as they practice good behavior and they can only be removed if they are impeached. 90% of judicial appointments since FDR have gone to members of the president’s party.

Requirements of Judicial Branch What political party do they belong to? Doesn’t matter Who appoints them? The President Who ratifies the appointments? The Senate Citizenship Minimum Age None Residency Term of Office For life