Unit Three The Judicial Branch

Articles of Confederation  This had no national courts.  The states all interpreted laws.  US realized they needed a national ct.  Alexander Hamilton said, –“Laws are dead letters without courts to expound and define their true meaning and operation.”

Branches of Government  Judicial Branch : Article III in the U.S. Constitution  Interprets the laws (through the courts) What court case establishes Judicial Review?

Types of Cases SC Hear  Cases that deal with the interpretation & application of a part of the Constitution or of any federal statute or treaty.  Cases that arise on the high seas or in navigable waters of the United States.

Appointment of Judges  Nominated by the President  Confirmed by Senate.  Who do they nominate? –Someone from their political party –Someone who shares their legal and political ideology  Where do they come from?  Leading attorneys, legal scholars, law school profs., congressional members, & state justices.

Terms & Pay of Judges  Term:  appointed for life  may be removed only through the impeachment process. –Only 13 ever impeached & 7 removed.  Salaries & benefits. –Associate Justices of Supreme Ct - $173,600.  Chief Justice: $181,400. –They can retire at 70, if they served 10 years, and receive full salary for ever!  Or at 65, with 15 years of service.

The Supreme Court

Judicial Review  The power to decide on the constitutionality of an act of government.  The case of Marbury vs. Madison, (1803) established this concept.  The Supreme Court has great powers… –As the ultimate authority on constitutionality –As the arbiter of disputes between States and between States and the Federal Gov’t.

Jurisdiction  Jurisdiction is the authority of a ct. to hear & decide a case; the power “to say the law.”  Original Jurisdiction –A court hears a case for the 1 st time at trial level.  Appellate Jurisdiction –A court that hears a case on appeal from a lower court has this, and can overrule an original.

Supreme Court’s Jurisdiction  Both original & appellate jurisdiction, but most of its cases are appeals. –Can’t initiate action, must wait for Litigants:  People engaged in a lawsuit to come before them.  Today, the Supreme Court has almost complete control over its own caseload.

Main duties:  Making Decisions: –Decide which case to hear –Decide the case itself –Determine an explanation for the decision, called the opinion –Protecting civil liberties.

Protector of Civil Liberties  What are civil liberties?  Where do they come from?  When learning about various Supreme Court Cases, please think back to what civil liberties are involved?

How do you become a member of the Supreme Court? –A. Appointed by the Senate and approved by the House of Representatives –B. Appointed by the President and approved by the Supreme Court –C. Appointed by the Senate and approved by the Supreme Court –D. Appointed by the President and approved by the Senate

ASSIGNMENT  Create a organizational chart, hanging diagram, foldable, etc. that represents the different branches of government.  This must include: Branches of Government Article What branch handles what? Details about each branch Must be in the correct order Be CREATIVE and try to include as much detail as possible. You can use your book, notes etc. to find more information that pertains to what you need. How could you make it more interesting than what is already in books and on display? What would grab your attention? What information would spark more interest?

John RobertsReplaced New Chief Justice William Rehnquist

Samuel AlitoReplaced New JusticeSandra Day O’Connor