1. Do Now
What is Judicial Review?

2. “Our Constitution was not written in the sands to be washed away by each wave of new judges blown in by each successive political wind.” ~ Justice Hugo L. Black (1970)
Do you agree with this statement? Why/why not?

3. The Federal Court System established in Article III
THE JUDICIAL BRANCH
The Federal Court System
established in Article III

5. The Federal Court system is established in the Constitution
The jurisdiction, or authority to hear and decide a case, is also established
(III, 2, 1)

6. The Federal Courts have jurisdiction over the following areas
the Constitution
federal laws
law of the high seas
disputes involving the U.S. Government
disputes between states, or citizens of different states
disputes involving foreign governments
EVERYTHING ELSE GOESTO THE STATE AND LOCAL COURTS

8. THE LOWER FEDERAL COURTS
District Courts
Courts of Appeals

9. District Courts federal courts where lawsuits are begun
at least 1 per state
district courts handle most of the Federal Court System's work (90%)
district courts have original jurisdiction: the authority to hear cases the first time

10. Courts of Appeals (Circuit courts)
these courts only hear cases that are appealed from lower courts
appellate jurisdiction

11. Additional courts Military courts Territorial courts US Tax Court
Claims courts

12. the highest court in the land
THE U.S. SUPREME COURT
the highest court in the land

13. The Supreme Court rarely has original jurisdiction - almost all of the cases that come to the Supreme Court are from appeals

14. How a Case Reaches the Supreme Court
Step 1: Case is filed in Federal District Court
Step 2: Case is appealed to a Federal Court of Appeals
Step 3: Case is appealed to the US Supreme Court, which does one of three things:
Go Back
STOP
The Supreme Court sends the case back to the lower court to reconsider it
The Supreme Court allows the lower court ruling to stand
Go Forward: The Supreme Court rules on the case

15. The Justices * 9 Justices, including a Chief Justice
* appointed by the President, they hold their terms until they die, resign, or are impeached
very powerful, very prestigious

16. The Supreme Court has the power of judicial review
this allows the Court to review any law and decide if it is unconstitutional
From Marbury v. Madison, 1803
but only if the law comes to the Court in a case

17. The Supreme Court is the final authority on the Constitution and the laws of the United States.

18. How can a Supreme Court decision be overturned?
A new decision by the Court
A constitutional amendment

19. MAKING A RULING

20. MAKING A RULING
CONCURRING OPINION
MAJORITY OPINION
DISSENTING OPINION