Article III – US Constitution The Supreme Court

The “Supremes” Great group – but NO – we aren’t talking about them. Great group – but NO – we aren’t talking about them.

These “Supremes” These are the “Supremes” These are the “Supremes”

The Supreme Court Supreme Court is highest court. Nine Supreme Court Justices.

How do you get to the Supreme Court? Legal background a must! Legal background a must! Go to one of the major law schools. Go to one of the major law schools. Clerk for the Supreme Court Clerk for the Supreme Court Be a judge, law professor, or a lawyer who has argued before the Supreme Court before. Be a judge, law professor, or a lawyer who has argued before the Supreme Court before.

Sometimes Supreme Court nominees are political appointments. Supreme Court nominees are political appointments. Sometimes they don’t get past the background checks or Senate questioning! Sometimes they don’t get past the background checks or Senate questioning! Or political favorites aren’t enough! Or political favorites aren’t enough!

Chief Justice In charge of the Supreme Court. In charge of the Supreme Court. USUALLY – seniority counts! USUALLY – seniority counts! Decisions coming from the court take the Chief Justice’s name. Decisions coming from the court take the Chief Justice’s name. Roberts Court Roberts Court

Supreme Court nominees Chosen by the President. Chosen by the President. Approved by the Senate. Approved by the Senate. Serve for life – or until they decide to quit. Serve for life – or until they decide to quit. Impeachment option. Impeachment option.

The Supreme Court - Purpose To Interpret the Constitution. To Interpret the Constitution.

The Second Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

“right of the people to keep and bear arms” But what was meant by adding “well-regulated militia” and “necessary to the security of a free state”? But what was meant by adding “well-regulated militia” and “necessary to the security of a free state”? Does it mean that you can only carry arms if you are in the militia? Does it mean that you can only carry arms if you are in the militia? Can guns only be used for national defense, or does that mean self- defense? Can guns only be used for national defense, or does that mean self- defense?

“right of the people to keep and bear arms” Is the militia in 2008 mean the same thing as it did in 1787? Is the militia in 2008 mean the same thing as it did in 1787? CENTRAL ARGUMENT! CENTRAL ARGUMENT! Whether people have a right to bear arms as INDIVIDUALS, rather than just as part of an official militia. Whether people have a right to bear arms as INDIVIDUALS, rather than just as part of an official militia.

Collective Rights v. Individual Rights: One Point of View (POV) Some think the 2 nd Amendment was designed ONLY to protect the rights of the states to have militias. Some think the 2 nd Amendment was designed ONLY to protect the rights of the states to have militias. NOT the right of individuals to bear arms for their own self- defense. NOT the right of individuals to bear arms for their own self- defense. “well-regulated militia” and “security of a free state” prove their point. “well-regulated militia” and “security of a free state” prove their point. Restrictions on hunting and self-defense. Restrictions on hunting and self-defense.

THAT is what the Supreme Court does! THAT is what the Supreme Court does!

How does the Supreme Court interpret the Constitution? Judicial Review is the Supreme Court’s power to interpret laws or actions as unconstitutional Judicial Review is the Supreme Court’s power to interpret laws or actions as unconstitutional

Marbury v. Madison The case that determined the powers of the Supreme Court. The case that determined the powers of the Supreme Court.

History Lesson: 1800 Presidential election of 1800: Presidential election of 1800: President John Adams – Federalist and favored keeping out of the French Revolution. President John Adams – Federalist and favored keeping out of the French Revolution. Vice-President Thomas Jefferson – anti-Federalist (more power to the states) and wanted to bring the French Revolution to the US. Vice-President Thomas Jefferson – anti-Federalist (more power to the states) and wanted to bring the French Revolution to the US.

Election of 1800 These two men – once best friends – HATED each other. These two men – once best friends – HATED each other. Adams felt he had to defend the Constitution. Adams felt he had to defend the Constitution. Jefferson felt he had to defend freedom and correct errors in the Constitution. Jefferson felt he had to defend freedom and correct errors in the Constitution.

Election of 1800 Jefferson won! Jefferson won! Real fears that the guillotine would appear in America and we’d have a bloodbath happening. Real fears that the guillotine would appear in America and we’d have a bloodbath happening.

Adams sought to protect the Constitution in his final days. 1) He sought to create more judgeships – of men that believed in the Constitution. 1) He sought to create more judgeships – of men that believed in the Constitution. Political appointments but for life! Political appointments but for life!

John Adams left a “trap” for Jefferson Not everyone had received his paperwork from the president to be a judge when Adams’ presidency ended. Not everyone had received his paperwork from the president to be a judge when Adams’ presidency ended. 2) Unfinished paperwork was left on the desk for Jefferson. 2) Unfinished paperwork was left on the desk for Jefferson. The desk of the first four presidents. The desk of the first four presidents.

Jefferson finds these undelivered judgeships on his desk! He knows these are for judges that would rule against his ideas for the country. He knows these are for judges that would rule against his ideas for the country. What should Jefferson do? What should Jefferson do?

What did Jefferson do? Gave them to his Secretary of State – James Madison (later 4 th president) to “pocket.” Gave them to his Secretary of State – James Madison (later 4 th president) to “pocket.” Not delivered – so these Federalist judges couldn’t be judges! Not delivered – so these Federalist judges couldn’t be judges!

William Marbury Knew that President Adams had made him a judge – but he needed his paperwork to begin his new job. Knew that President Adams had made him a judge – but he needed his paperwork to begin his new job.

William Marbury Came to the White House and demanded his papers to become a judge. Came to the White House and demanded his papers to become a judge. James Madison refused to hand them over. James Madison refused to hand them over.

Marbury v. Madison Marbury turned to the Supreme Court to “make” President Jefferson and Mr. Madison turn over the writ to become a judge. Marbury turned to the Supreme Court to “make” President Jefferson and Mr. Madison turn over the writ to become a judge.

Supreme Court Chief Justice Marshall John Marshall had been waiting for a case to define the Supreme Court’s role in our new democracy. John Marshall had been waiting for a case to define the Supreme Court’s role in our new democracy. Could the Court tell a President what to do? Could the Court tell a President what to do? As well as a cousin? As well as a cousin? –Jefferson and Marshall were cousins. HATED one another! HATED one another!

Marbury v. Madison Supreme Court told Mr. Marbury – sorry, but we can’t make you a judge. Supreme Court told Mr. Marbury – sorry, but we can’t make you a judge. BUT, it did say that the Supreme Court has the right to tell a President and Congress what they can and can’t do! BUT, it did say that the Supreme Court has the right to tell a President and Congress what they can and can’t do! Implied Powers Implied Powers

Marbury v. Madison: Judicial Rule and part of checks and balances

Historical Note on Adams and Jefferson The sworn enemies did “make up.” The sworn enemies did “make up.” Jefferson wrote a letter to Adams when Abigail Adams died. Jefferson wrote a letter to Adams when Abigail Adams died. Later, Jefferson admitted in a letter to Adams – that Adams had been right about federalism. Later, Jefferson admitted in a letter to Adams – that Adams had been right about federalism. Both died on July 4, Both died on July 4, 1826.