1. Chapter 7:
The Judicial Branch

2. The Constitution Art I: The Legislative Branch
Art II: The Executive Branch
Art III: The Judicial Branch
Art IV: Relations between states
Art V: Amendment process
Art VI: National Supremacy
Art VII: Ratification
Make Laws
Enforce Laws
Interpret Laws
This week we will focus on Article III – The Judicial Branch

3. Article III Established a national Supreme Court
Congress has power to create lower federal courts
Federal Judges are appointed by the president
Appointments must be approved by Senate
Lists Federal Jurisdiction

4. Checks & Balances: Judicial
Appoints Judges
President
Declare law unconstitutional
Courts
Amend constitution
Congress

5. Notes: Laws and Courts
Federal Judicial Branch Components
The Supreme Court and more than 100 other federal courts.
Disputes involving laws are resolved in the legal system
(Crash)

6. Notes: What Courts Do Words you need to understand
Plaintiff: Individual or group bringing a complaint against another party.
Defendant: The party who answers the complaint and defends against it.
Prosecution: A government body that bring a criminal charge against a defendant who is accused of breaking one of its laws.
Precedent: Guideline for how all similar cases should be decided in the future

7. Notes:
The courtroom calendar is called a docket.
only a handful of cases make it onto this list.

8. Notes: What Courts Do (cont.)
Other Members of the Court
Judge
Jury
Bailiff
Stenographer
Witness

10. Notes: State Courts and Federal Courts
Jurisdiction – the power to hear a case
Original Jurisdiction
The authority to hear a case first
Appellate Jurisdiction
Appellate court- The authority to hear an appeal
Appeal
Asking a higher court review the decision and determine if justice was done.
Federal Cases
Those involving federal laws & appeals from State cases.

11. Federal Jurisdiction Cases involving the Constitution
Violation of Federal Law
Controversies between States
Disputes between people from different States
Suits involving the Federal Government
Cases involving Foreign Governments & Treaties
Cases based on Maritime Laws
Cases involving US Diplomats
The first four are of particular importance (CRASH)

12. U.S. Supreme Court
U.S. Court of Appeals
U.S District Courts

13. Notes: The District Courts
The “workhorse” of the federal court system
94 District Courts
300,000 cases per year (criminal and civil)
80 percent of federal cases
Between 1 and 28 judges may serve a district court
The trials have witnesses and juries

14. US DISTRICT COURT - ANCHORAGE

15. Notes: The Courts of Appeals
Court of Appeals
This court handles the appeals from the federal districts
Often called Circuit Courts
There are twelve regular Circuit Courts, with a thirteenth one serving special federal courts and agencies of the executive branch.
Trials
Three Judges who affirm or reverse the lower court’s decision.
No jury, no witnesses - a bench trial = 3+Judges

16. 9th Circuit – San Francisco, CA

17. Notes: The Supreme Court
Highest Court in the Federal system
Purpose: to serve as the final court of appeals for both the state and federal court systems.
Other Special Federal Courts
Court of Claims
Court of Customs
Court of Patent Appeals
Tax Court
(Crash)

18. Notes: Federal Court Judges
Appointment
Federal judges are appointed by the President and approved by the Senate
They serve life terms; can only be removed by impeachment or resignation.
Only nine judges are appointed to the Supreme Court

20. Civics: Government and Economics in Action

21. There are 8 Associate Justices and 1 Chief Justice
Notes:
There are 8 Associate Justices and 1 Chief Justice
Chief Justice John Roberts
(First Chief Justice was “The Honorable John Jay”)
(Founding Father and Writer of the Federalist Papers)

22. Notes: The Justices of the Supreme Court
Qualifications
None listed in the Constitution
IN THEORY – you don’t need a law degree
IN REALITY-The President selects justices from the most respected and qualified judges, lawyers, and legal scholars in the country.
There have been 112 Justices; All but 6 of them have been white men.
Exceptions: Thurgood Marshall, Clarence Thomas, Sandra Day O’Connor, Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan

23. First African-American Justice
Thurgood Marshall
Had previously won important SC case – Brown v. Bd. Of Education
Clarence Thomas sits on the court today.

24. First Woman in the Supreme Court
Sandra Day O'Conner
She retired in 2006
Current Women Supreme Court Justices
Sonya Sotomayor Elena Kagan
Ruth Bader Ginsberg

25. Notes: The Work of the Supreme Court
Selecting Cases
More than 8,000 requests are made per year, but only about 100 cases are heard
Hearing Arguments
Attorneys submit briefs, and make verbal arguments before the court
Making a Decision
The Justices vote and usually submit an opinion or written statement explaining the reasons for the decision.

26. Notes: Decisions Majority opinion Concurring opinion
Written to explain how the court has decided the case
Concurring opinion
Written if agree upon final decision, but for different reasons
Dissenting opinion
Written to explain why they disagree with the opinion

27. Notes: Influences on Judicial Decision Making
Considerations:
Laws
The Constitution
Precedents
Personal preference
Duties
Be fair and impartial
Respect precedent
Try to determine the intent of the Framers

28. Civics: Government and Economics in Action
Landmark Cases
Marbury v Madison
Established the precedent that the Supreme Court has Judicial Review
The power to overturn any law that the Court decides is in conflict with the Constitution.
The most important case of all!!!!
Civics: Government and Economics in Action

29. Hazelwood v. Kuhlmeier What happened DECISION 1st Amendment (1988)
Students wrote an article the principal would not allow to be published in the school newspaper
DECISION
Schools can filter or limit information that is placed into a school newspaper.
This case allows school officials to have full control of school sponsored activities
Activities can continue “so long as their actions are reasonably related to legitimate pedagogical concerns
1st Amendment (1988)

30. New Jersey v. T.L.O. What happened DECISION 4th Amendment (1985)
2 students caught smoking in bathroom, sent to VP, asked to open purses, VP found rolling paper used for marijuana, asked students to dump out purses, found money, marijuana, and list of people owing her money
DECISION
Schools are only required to have “reasonable suspicion” to search students
4th Amendment (1985)

31. Tinker v. Des Moines What happened DECISION 1st Amendment (1969)
Students wore black arm bands protesting Vietnam War, they were suspended
DECISION
A student does not shed his rights at the door. Black armbands to protest the Vietnam War can be worn since they are not disruptive.
1st Amendment (1969)

32. Dred Scott v. Sandford What happened DECISION 5th Amendment (1857)
Sandford lived in MO (a slave state) took Dred Scott to IL (a free state) and Scott said he was now free
DECISION
States cannot deprive a person of his right to property
5th Amendment (1857)

33. Plessy v. Ferguson What happened DECISION 14th Amendment (1896)
Plessy (1/8 of African decent) sat in white only train car, would not move when asked
DECISION
Established the concept of “separate but equal” in public facilities
14th Amendment (1896)

34. Brown v. Board of Education
What happened
Mr. Brown wanted his daughter to attend the neighborhood school (she was black and the school was for whites)
DECISION
Schools were desegregated. Separate is unequal. Separate but equal has no place
Integrated schools
Overturned Plessy v. Ferguson
14th Amendment (1954)

35. Gideon v. Wainwright What happened DECISION 6th Amendment (1963)
Gideon charged with crime, at that time in FL lawyers only given for death penalty and insanity cases, he had no money to pay a lawyer and was found guilty
DECISION
All accused persons are entitled to a lawyer, even if they cannot afford one.
Right to Counsel
Person must have counsel provided, regardless of the charges filed against them
Gideon Rule
6th Amendment (1963)

36. Miranda v. Arizona What happened DECISION 5th Amendment (1966)
Miranda arrested but not told his right to not confess to the crime, he signed a confession and was convicted
DECISION
A person must be read his or her rights before being arrested.
When Ernesto Miranda was arrested and questioned and signed a confession that listed that he had “full knowledge of his legal rights”, he was not made aware of his rights to counsel and the confession was illegally gained.
5th Amendment (1966)

37. Mapp v. Ohio What happened DECISION 4th and 14th Amendment (1962)
Police searched Mapp’s house with a fake warrant and found illegal material
DECISION
Illegally obtained evidence cannot be used in court.
Illegal Evidence and Due Process Clause
No illegal search and seizures applied to all states
Before this rule not every state incorporated excluding evidence gained through an illegal search
Exclusionary Rule
4th and 14th Amendment (1962)

38. Engel v. Vitale What happened DECISION 1st Amendment (1962)
School board required students to say a prayer at beginning of each day
DECISION
A school cannot require students to pray. This court case upheld separation of church and state.
Establishment Clause
Eliminated prayers in school
Students cannot be forced to recite a prayer because it violates their 1st Amendment right to freedom of religion
1st Amendment (1962)

39. Texas v. Johnson What happened DECISION 1st Amendment (1989)
Texas had a law against desecrating the Flag, Mr. Johnson burned a Flag in protest
DECISION
The Government cannot limit a citizen’s right to burn the US Flag
This case protected the rights of individuals to freedom of expression, even if in this case that expression is the burning of the American flag
1st Amendment (1989)

40. Roe v. Wade What happened/Decision 4th Amendment (1973)
A state cannot take away a woman’s right to an abortion
4th Amendment (1973)

41. Notes: A Changing Court
Judicial Activism
An effort by judges to take an active role in policymaking by overturning laws relatively often.
Judicial Restraint
An effort by judges to avoid overturning laws and to leave policymaking up to the other two branches of the government.

42. Notes: The Court and Other Branches of Government
The President’s Power
Appointment of judges
The Power of Congress
Confirmation of judges
Citizen Participation