1. Bell Work 1. What does a campaign manager do?
2. What is the significance of the 4th Amendment?
3. What are the requirements to be a Senator?
4. What is the problem with Gerrymandering?
Bell Work

2. The Federal Courts and the Judicial Branch
Chapter 8

3. How does the Supreme Court Function as the final word on questions of federal law and the Constitution?
Essential Question

4. Students will be able to
Present academically sound questions for nominating judicial appointees.
Present Arguments against the Dred Scott Case
Explain the difference between activist courts vs. restraint
Students will be able to

5. 8.1-The Federal Court System
The American Court System
-Dual Court System: State Courts and National Courts
-Jurisdiction: authority to hear and decide a case
-Exclusive Jurisdiction: sole right to hear a case
-Concurrent Jurisdiction: refers to cases that fall under both state and federal jurisdiction
-Original Jurisdiction: the court that hears the case first (whether is state or federal government)
Appellate Jurisdiction: case appealed to a higher court
8.1-The Federal Court System

6. 8.1-The Federal Court System
Structure of the Federal Court system
-Judiciary Act of 1789-established a three tier court system (district courts, circuit courts, supreme court)
-District Courts-have original jurisdiction and serve as trial courts for federal government
-Courts of Appeals-hear appeals from district courts
-Supreme Court-mainly an appellate court-highest court in the land
8.1-The Federal Court System

7. 8.1-The Federal Court System
Appointing Federal Judges
-Constitution does not require it but federal judges are trained lawyers
-President usually nominate judges with whom they share a party affiliation
-Has judicial restraint and judicial activism
-Respect for precedent (previous court ruling)
-Opinions from the Senate-Senatorial courtesy
8.1-The Federal Court System

8. 8.1-The Federal Court System
Checks and Balances
-Judicial Review-Marbury v. Madison-Rule laws unconstitutional
-Checks on the Judiciary-Congress can remove and impeach judges, president appoints judges
8.1-The Federal Court System

9. Activity-Picking Judicial Candidates
Review the information in Chapter 8.1
Review the information about the four factors presidents consider for nominees to the federal bench.
Develop a list of academically sound questions based the information that you could ask to determine a candidate’s legal experience, party affiliation, and judicial philosophy.
Activity-Picking Judicial Candidates

10. Bell Work 1. What is the purpose of courts?
2. How is the dual court system consistent with the principles of federalism?
3. Compare and contrast judicial activism and judicial restraint.
4. What are two ways the Constitution helps ensure judicial independence?
Bell Work

11. Chapter 8.2-The Federal Courts and the Judicial Branch
-Lowest Tier
-Deal with 300,000 cases a year (215,000 civil cases and 70,000 criminal)
-Each district has 2 judges
-Serious criminal cases, district courts convene panels of citizens to grad juries (16-23 people)
-Bankruptcy fall under district courts
Chapter 8.2-The Federal Courts and the Judicial Branch

14. Chapter 8.2-The Federal Courts and the Judicial Branch
-Court Officials
-Magistrate judge-responsible for overseeing some of the early hearings of a criminal trial (can hear misdemeanor or felony cases)
-US Attorneys-represents the United States government
-Public defenders
-US Marshalls –provide security and police protection
Chapter 8.2-The Federal Courts and the Judicial Branch

15. Chapter 8.2-The Federal Courts and the Judicial Branch
Federal Court of Appeals
-Hear cases on appeal from district courts within their circuit
-Hears 65,000 cases (75% are criminal or civil cases)
-Few appeals are successful (less than 9%), do not retry cases
-Appeals are heard by three circuit judges (not juries)-makes decision based on briefs -from both sides
-The ruling of a court of appeals is usually the final word on a particular case
-They may send the cases back to district courts and retry the case
-1982 created the Court of Appeals for the Federal Circuit
Chapter 8.2-The Federal Courts and the Judicial Branch

16. Bell Work 1. What is an appellant?
2. What kinds of cases are heard in federal district courts?
3. What is the purpose of the Court of Appeals for the Armed forces?
Bell Work

17. Chapter 8.3-The Supreme Court (SCOTUS)
Supreme Court history
-Federalist no discussed the Supreme Court would play in providing judicial review
-Marshall Court-John Marshall took the court to be an equal partner in checks and balances
Chapter 8.3-The Supreme Court (SCOTUS)

18. Chapter 8.3-The Supreme Court (SCOTUS)
-Marshall Court
Marbury v. Madison-Judicial Review
McCulloch v. Maryland-Necessary and proper clause
Gibbons v. Ogden-regulate interstate commerce
SPk
Chapter 8.3-The Supreme Court (SCOTUS)

19. Chapter 8.3-The Supreme Court (SCOTUS)
-Civil Rights
Worchester v. Georgia-Indians could stay in Georgia, removed to Oklahoma
Dred Scott-Slaves were not people, but property
Plessy v. Ferguson-Separate but equal (Jim Crow Laws)
Brown v. Board of Education-desegregate school systems
Chapter 8.3-The Supreme Court (SCOTUS)

20. Chapter 8.3-The Supreme Court (SCOTUS)
-Other Significant cases
-Court Packing Scheme (1937)-FDR plan to expand the Court in order to get support for New deal programs-failed but scotus started to support programs
-Miranda v. Arizona-law enforcement must inform criminal suspects of their rights before questioning
Chapter 8.3-The Supreme Court (SCOTUS)

21. Chapter 8.3-The Supreme Court (SCOTUS)
Choosing Supreme Court Justices
-Constitution gives no formal requirements
-Presidents chooses someone who has legal expertise, party affiliation, judicial philosophy and sense of nominee’s acceptability to the Senate
-Senate Judiciary Committee begins hearings for confirmation
Chapter 8.3-The Supreme Court (SCOTUS)

22. Chapter 8.3-The Supreme Court (SCOTUS)
Supreme Court Procedures
-Terms begin on the First Monday in October and remains in session until June or July
-Court sessions are divided into blocks (2 weeks listen to lawyers present cases, and another block of working behind closed doors to make rulings)
Chapter 8.3-The Supreme Court (SCOTUS)

23. Chapter 8.3-The Supreme Court (SCOTUS)
Selecting cases-petition for a writ of certiorari (order to seek review of lower courts)
Briefs and arguments-will read briefs and hear arguments from lawyers
Opinions
Conference with justices
Opinions are drafted
Chapter 8.3-The Supreme Court (SCOTUS)

24. Chapter 8.3-The Supreme Court (SCOTUS)
Opinions are announced-majority (At least 5 of 9), concurring (agree with overall conclusion), and dissenting (do not agree)
Chapter 8.3-The Supreme Court (SCOTUS)

25. Activity-Dred Scott Case
Look at page 235
In your groups review the facts of the Dred Scott case as they are presented in the supreme court glossary
Write a point-by point analysis of the case, what possible effect would each point have on the rights of African Americans and the nation?
What do you think might have happened if SCOTUS had ruled in Dred Scott’s favor? What effect would it have on the Missouri compromise?
Activity-Dred Scott Case

26. Why is the Warren Court so important in American judicial history?
Bell Work