1. Unit 2: The Workings of American Government
Part 2: The Judicial Branch

2. The National Judiciary Structure

3. The National Judiciary Structure
District Courts
Most local level of federal courts
94 District Courts
First time cases only – NO APPEALS
Hears the most cases of any level

4. The National Judiciary Structure
Appellate Courts
Courts of appeals
And ONLY appeals
12 Circuit Courts PLUS
Federal Circuit Court
Nationwide reach
Located in DC

5. The National Judiciary Structure
The Supreme Court
9 Justices
Takes appeals by
selection
Sometimes takes
original cases

6. The Supreme Court Justices
Nominated by the President (Executive Branch)
Confirmed (or rejected) by the Senate (Legislative Branch)
Serve until they decide to resign, retire or when they die
Can only be removed for high crimes, treason and misdemeanors
Must go through the impeachment process to be removed

7. Judicial Review William Marbury
Was appointed Justice of the Peace of Washington D.C. by President John Adams
Got the position because he was loyal to the Federalist Party
President Adams appointed him late in the night of his last night in office
Adams had lost the presidency to Thomas Jefferson

8. Judicial Review James Madison
Was Secretary of State for new president, Thomas Jefferson
Madison and Jefferson belonged to the
Democratic-Republican Party
Madison found Marbury’s appointment signed by the past president, Adams, on his desk – undelivered!
Jefferson told Madison NOT to deliver it

9. Judicial Review Marbury sues Madison in the Supreme Court
Wants to FORCE Madison to deliver his appointment
Becomes known as Marbury v. Madison
The Supreme Court
Led by Chief Justice John Marshall
Unanimously found AGAINST Marbury
Said the law Marbury was using to sue Madison was unconstitutional  A NEW POWER IS BORN!

10. Supreme Court Decisions
Decisions are called “Opinions”
Majority Opinion
The “winning” opinion
“The Opinion of the Court”
The finding of most of the justices
Concurrent Opinion
Those who agree with the outcome
But for different reasons
Dissenting Opinion
Those who oppose the outcome
The “losing” opinion

11. Judicial Restraint vs. Judicial Activism
Judges need to show self-control
Judges should only look at the letter of the law
Judges should only look at precedent
Judicial Activism
Judges should look at the letter of the law AND the intent of the law
Judges should look at precedents AND the time period it began
Judges need to revise laws and precedents with changing times

12. Textbook Readings Pages 520 – 524 (5 pages) Page 527 (1 page)
Page 528 – 531 (4 pages)
Pages 532 – 534 (3 pages)
Page (1 page)
Total of 14 pages