The Judicial Branch The Supreme Court

The Supreme Court is the only Constitutionally guaranteed court –Congress creates all other courts Trial Courts –Military Courts –Tax Court –Territorial Courts / D.C. Court –District Courts »94 –U.S. Claims Court

The Supreme Court Appellate Courts –Military Court of Appeals –U.S. Courts of Appeals »12 »Alaska is in the 9 th district –U.S. Court of Appeals for the Federal Circuit

The Supreme Court Listed powers from the Constitution include: –All cases involving the Constitution –Any law of the United States (federal) –Anything involving government officials –All admiralty and naval cases –Controversies involving the U.S. or disputes among the states

The Supreme Court Similar to the executive branch, the formal powers of the Supreme Court are very limited –The Supreme Court gained power through Judicial Review Ability to check the constitutionality of all laws

The Supreme Court Marbury v. Madison –Case began with the Judiciary Act of 1800 Congress created new judgeships, sheriffs, and other justice positions for Washington D.C. among other places John Adams selected people to fill those positions –Most were from the Federalist Party

The Supreme Court –The issue was that Adams had just lost the election to the Democratic- Republicans Thomas Jefferson –The appointments became known as the “Midnight Judges” Idea was developed that Adams appointed party members at the last minute to try and keep power

Supreme Court Marbury was one of those appointments Madison refused to sign his commission giving him the office Supreme Court said: 1.Marbury was entitled to the office 2.Marbury should be afforded some remedy 3.The Supreme Court could not grant that remedy

Supreme Court –Marshall stated that the Congressional Act that would give the Supreme Court the ability to grant a remedy to Marbury was an unconstitutional act giving the Supreme Court more power than the Constitution had intended –The Supreme Court gained the power of judicial review, through giving up some of its own power

The Supreme Court Judicial Review –Ensures that due process is maintained Ensures equality to all citizens under the law –Leads to civil rights advocacy

Supreme Court –In protecting the rights of the minority, the rights of the majority are diminished Ownership of slaves Decision about who utilizes your business –Allows for positive change Women’s right to vote 18 year olds voting Blacks given the right to vote

Supreme Court –Also create opportunities for negative groups to remain or emerge KKK / Black Panthers / other hate groups Pro Life / Pro Choice ACLU / NOW / PETA / Greenpeace

Supreme Court Limitations –Supreme Court doesn’t enter all areas of government equally Avoid foreign policy –War justification Role of the executive –Presidential duties

Supreme Court –Types of cases –Most meet certain criteria Has to make a difference –No moot issues –“must display ripeness” »Dress code after graduation Plaintiff has to have a real harm –No test cases or hypothetical ones »Flag salute case »Daughter was not living with him, nor even in the state

Supreme Court –Involves a substantial federal question Affect on many people Not regulated by state action –Local sales tax or curfew –Usually avoids political questions Items that other branches should solve –Marbury vs. Madison principle –2000 election is an exception

Supreme Court Limited agenda control –Small amount of original jurisdiction –Subject to laws passed and appeals from lower courts Lack of enforcement power –Executive must enforce the judiciary’s decisions Done at their discretion –Lower courts must adhere to the decisions as well