Unit 2: The Workings of American Government Part 2: The Judicial Branch

The National Judiciary Structure

 District Courts  Most local level of federal courts  94 District Courts  First time cases only – NO APPEALS  Hears the most cases of any level The National Judiciary Structure

 Appellate Courts  Courts of appeals  And ONLY appeals  12 Circuit Courts PLUS  Federal Circuit Court  Nationwide reach  Located in DC The National Judiciary Structure

 The Supreme Court  9 Justices  Takes appeals by selection  Sometimes takes original cases The National Judiciary Structure

 Nominated by the President (Executive Branch)  Confirmed (or rejected) by the Senate (Legislative Branch)  Serve until they decide to resign, retire or when they die  Can only be removed for high crimes, treason and misdemeanors  Must go through the impeachment process to be removed The Supreme Court Justices

 William Marbury  Was appointed Justice of the Peace of Washington D.C. by President John Adams  Got the position because he was loyal to the Federalist Party  President Adams appointed him late in the night of his last night in office  Adams had lost the presidency to Thomas Jefferson Judicial Review

 James Madison  Was Secretary of State for new president, Thomas Jefferson  Madison and Jefferson belonged to the Democratic-Republican Party  Madison found Marbury’s appointment signed by the past president, Adams, on his desk – undelivered!  Jefferson told Madison NOT to deliver it Judicial Review

 Marbury sues Madison in the Supreme Court  Wants to FORCE Madison to deliver his appointment  Becomes known as Marbury v. Madison  The Supreme Court  Led by Chief Justice John Marshall  Unanimously found AGAINST Marbury  Said the law Marbury was using to sue Madison was unconstitutional  A NEW POWER IS BORN! Judicial Review

 Decisions are called “Opinions”  Majority Opinion  The “winning” opinion  “The Opinion of the Court”  The finding of most of the justices  Concurrent Opinion  Those who agree with the outcome  But for different reasons  Dissenting Opinion  Those who oppose the outcome  The “losing” opinion Supreme Court Decisions

 Judicial Restraint  Judges need to show self-control  Judges should only look at the letter of the law  Judges should only look at precedent  Judicial Activism  Judges should look at the letter of the law AND the intent of the law  Judges should look at precedents AND the time period it began  Judges need to revise laws and precedents with changing times Judicial Restraint vs. Judicial Activism

 Pages 520 – 524 (5 pages)  Page 527 (1 page)  Page 528 – 531 (4 pages)  Pages 532 – 534 (3 pages)  Page 537 (1 page) Total of 14 pages Textbook Readings