1.  Chapter 10 The Judiciary
To Accompany Comprehensive, Alternate, and Texas Editions
American Government: Roots and Reform, 10th edition
Karen O’Connor and Larry J. Sabato
 Pearson Education, 2009

2. Roots of the Federal Judiciary
Hamilton called it “the least dangerous branch.”
Little on the judiciary in the constitution.
Creates high Court, Congress establishes others.
Congress can alter the Court’s jurisdiction.
Constitution is silent on judicial review.
Judges have life tenure with good behavior.
Intended for them to be free from political pressure.

3. Think-Pair-Share
Why did Hamilton consider the judiciary the least dangerous branch
Explain the concept of judicial review
How does serving for life prevent judges from being pressured politically

4. Judiciary Act of 1789 Established three-tiered federal court system.
Can appeal through the system.
Federal district courts at the bottom.
Courts of appeals in the middle.
U.S. Supreme Court at the top.
Supreme Court had little power, few wanted to serve.
No Judicial Review powers yet

5. Marbury v. Madison
Established Judicial Review in Marbury v. Madison (1803).
President Jefferson refused to give William Marbury his appointment as Justice of the Peace so he sued
Court ruled that Secretary of State James Madison was supposed to give him his commission but court did not have jurisdiction to offer the verdict
Led to need for Judicial Review
Implied from the Supremacy Clause in Article 1

6. The Marshall Court
Chief Justice John Marshall gave Court prestige and is considered the most important Supreme Court Justice.
Discontinued practice of seriatim.
Established power over states in McCulloch v Maryland (1819).
A seriatim opinion describes an opinion delivered by a court with multiple judges, in which each judge reads his or her own opinion rather than a single judge writing an opinion on behalf of the entire court. This is a practice generally used when a case does not have a majority opinion.
Mcculloch v Maryland established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government.

7. Think-Pair-Share Summarize the impact of the Marshall Court
Identify the types of cases the Supreme Court usually hears

8. Table 10.1- Supreme Court Jurisdiction
Pg 338
Back

9. American Legal System A court must have jurisdiction to hear a case.
Jurisdiction can be original or appellate.
Cases can be criminal or civil.
Most courts are constitutional courts.
Specialized legislative courts may also be created.

10. Figure 10.1- American Court System
Pg 346
Back

11. Think-Pair-Share
Explain why the Supreme Court hears so few cases a year

12. District Courts Trial courts of original jurisdiction.
94 Districts- At least one court per state.
Cases involve federal government or question.
Also citizens from two states if over $75,000.
Cases decided by a single judge (possibly with jury).

13. Figure 10.2- Federal Court System
Pg 348
Back

14. Courts of Appeals Appellate courts have no original jurisdiction.
Cases are appeals from district courts or agencies.
Cases decided by three-judge panels.
Correct errors of procedure or law.
Submit a brief to have a case heard.
Decisions set a precedent for only that circuit.
Judges may abide by stare decisis.
(Colbert Stare Decisis)

15. Supreme Court Appellate and original jurisdiction.
Ensures uniform interpretation of laws.
Maintains national supremacy.
Nine justices hear decisions en banc.

16. Table 10.6- Supreme Court Knowledge
Back

17. Think-Write-Roundrobin
Why do you think such a small percentage of Americans can name justices on the Supreme Court?

18. Selecting Federal Judges
There are no Constitutional requirements for Judges
President makes appointments; Senate Confirms.
Use of senatorial courtesy.
Competence; use of ABA ratings.
Ideology or policy preferences.
Rewards or political support.
Religion, race, ethnicity, and gender.

19. Supreme Court Confirmation
List of potential nominees sent to FBI and ABA.
Candidates get investigated and rated.
Interest groups mobilize lobbying efforts.
Senate holds committee hearings.
Full Senate votes on nominee.
Like the Associate Justices, the Chief Justice is appointed by the President and confirmed by the Senate. There is no requirement that theChief Justice serve as an Associate Justice, but 5 of the 17 ChiefJustices have served on the Court as Associate Justices prior tobecoming Chief Justice.

20. Think-Pair-Share
Identify the methods in which a case may actually be heard by the Supreme Court

21. Deciding to Hear a Case Works hard for privacy and decorum.
Receives many more cases than it can hear.
Interested parties file a writ of certiorari.
Must come from Court of Appeals, 3-judge District court, or highest state court
Must involve a constitutional/federal question
Court decides to hear case using Rule of Four.
Clerks play key role throughout process.

22. Figure 10.3- Supreme Court Caseload
Pg 359
Back

23. Figure 10.4- Supreme Court Process
Pg 360
Back

24. Think-Pair-Share
In , how many cases were heard for the first time by the Supreme Court?
How many cases were submitted to the Supreme Court in ? How many final decisions were rendered?

25. Table 10.7- What Do Clerks Do?
Pg 362
Back

26. Factors Influencing Review
Solicitor general asking for review.
Solicitor general files amicus brief.
(Colbert Amicus Briefs)
Conflict among the courts of appeals.
Case presents civil rights or liberties question.
Case involves policy preferences of the justices.
Interest group participation.

27. Hearing and Deciding the Case
Amicus briefs may be submitted beforehand.
Oral arguments generally last one hour.
Solicitor general may also appear.
Oral argument provides chance to ask questions.
Meet in closed conference to discuss and vote.
Opinion written and circulated.
Concurring or dissenting opinions may also be filed.

28. Judicial Decision Making
Judicial activism versus judicial restraint.
Loose or strict construction of the constitution?
Behavioral, attitudinal, and strategic models.
Role of public opinion.

29. Table 10.9- Role of Public Opinion
Pg 369
Back

30. Judicial Policy Making
All judges make policy.
Court can declare laws unconstitutional.
Court can overrule itself.
Judicial implementation can be a challenge.

31. Marbury v. Madison 1803 Chief Justice John Marshall ruled:
The Constitution is the Supreme Law of the Land
If there is a conflict between the Constitution and any other law, Constitution rules
The Judicial Branch has a duty to uphold the Constitution
This ruling established
Judicial Review

32. McCullouch vs. Maryland
Federal Power
1819
Ruled that in a conflict between national and state power, the national government is supreme. (Affirmed the Supremacy Clause of the Constitution)

33. Gibbons vs. Ogden Federal Power 1824
Ruled that Congress has the sole authority to regulate commerce

34. Plessy vs. Ferguson / Brown vs. Board of Education
Civil Rights
1896/1954
Brown v Board of Ed overturned Plessy v Ferguson ruling that African Americans could be provided “separate but equal” facilities; began school integration.

35. Roe vs. Wade Civil Rights 1973
Legalized a woman’s right to an abortion under certain circumstances; invoked Right to Privacy for healthcare.

36. Dred Scott vs. Sanford Civil Rights 1857
Ruled that enslaved persons were property, not citizens, and thus had no rights under the Constitution.

37. Schenck vs. United States
First Amendment Rights
1919
Concluded that a defendant did not have a First Amendment right to express  freedom of speech  against the government during  World War I.
“Clear and Present Danger” Tests

38. Tinker vs. Des Moines First Amendment Rights 1969
Expanded freedom of speech in schools to include students wearing black armbands to protest the Vietnam War.

39. Engel vs. Vitale First Amendment Rights 1962
Ruled that a public school starting the day with a prayer violates the Establishment Clause of the First Amendment.

40. NY Times vs. U.S. (Nixon) First Amendment Rights 1971
Ruled that the press (newspapers, TV, radio, filmmakers, etc) could not be restricted by the government except in extreme cases of national security.

41. Gideon vs. Wainwright Rights of the Accused 1963
Ruled that a person accused of a major crime had the right to legal counsel (a lawyer) during a trial and that it will be provided by the government if they cannot afford it.

42. Miranda vs. Arizona Rights of the Accused 1966
Ruled that at the time of arrest, suspects cannot be questioned until informed of their rights.