Unit IV The Judicial Branch

U.S Constitution Article III Section 1. The Judicial Power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The Constitution creates only the Supreme Court of the United States. It gives the Congress the power to establish other lower, federal courts.

Judicial Branch’s Responsibility Interpret Laws Interpret Laws

U.S. Constitution Article III The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Comprehension, which shall not be diminished during their Continuance in Office. “…during good Behavior” what do you think the US Constitution means by this?

Role of the courts in American government Make policy Can undo work of representative institutions Judicial Activism or Judicial Restraint? Constitutional advocates? Bush v. Gore Citizens United v. FEC

Power on Federal Courts U.S. Constitution Articles I-VII Amendments 1-10 aka Bill of Rights Amendments Marbury v. Madison Creates Judicial review The primary Check and Balance power of the Judicial Branch

Dual Court System State Courts Federal Courts

New Mexico’s Court System

Dual Court System

Supreme Court of the United States

U.S. Supreme Court

Supreme Court of the United States Ultimate court of appeals in the U.S. Does not deal with guilt or innocence deals with Constitutionality of previous judgment

U.S. Supreme Court Cases appealed from federal and state system Control of docket (5k-7k cases per year sent  Only hear cases) Session (October - June) Supreme Court Justices – 9 Total (term is for life, appointed by President, confirmed by Senate)

Supreme Court (continued) Control over docket (rule of four: Supreme Court will not hear a case unless there is 4 Justices who approve) Vocabulary Define each and provide a picture of each Judicial Review Judicial Activism Judicial Restraint Supreme Court Justice Jurisdiction Appeal State Courts Federal Courts

U.S. Supreme Court

John G. Roberts, Jr. Chief Justice First among equals Gets to decide who write the majority opinion Nominated by George W Bush

Reagan’s Nominees Antonin Scalia Anthony Kennedy

HW Bush’s Nominees Clarence Thomas

Clinton’s Nominees Ruth Bader Ginsberg Stephen Breyer

W Bush’s Nominees Samuel Alito

Obama’s Nominees Sonia Sotomayer Elena Kagan

Justices of the Supreme Court Nine Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial. For example? Nomination and confirmation can sometimes become very “political” Conservative, Moderate, Liberal Republican to Republican appointees Democrat to Democrat appointees Almost always…Why?

U.S. Supreme Court 2012 The Roberts Court, 2012 Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan.Sonia SotomayorStephen G. BreyerSamuel A. AlitoElena Kagan Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, andClarence ThomasAntonin ScaliaChief JusticeJohn G. RobertsAnthony Kennedy Ruth Bader Ginsburg