1. Unit 2: Interactions Among Branches of Government
Lecture & Discussion 7: The National Judiciary

2. Enduring Understanding
The design of the judicial branch protects the independence of the Supreme Court and the use of judicial review remains a powerful practice.

3. Objective(s)
To explain the principle of judicial review and how it checks the power of the other federal institutions and state governments.

4. Do Now Read excerpts from “Federalist 78” and respond to the prompts.
Why does Hamilton believe that judges should have permanent tenure?
Why is the judiciary the “least dangerous” department? What does this view suggest about the framers’ perceptions of the three branches of government?
What is the court’s duty? How does it check the power of the other branches?

5. A. Federal Court System
Article III: establishes and vests judicial power of the United States in the Supreme Court
Congress has authority to setup inferior courts: constitutional courts include district courts and courts of appeals
judges of the Supreme Court and constitutional courts “shall hold their offices during good Behavior” (life tenure)

6. “Pyramid” of Federal Courts

8. A. Federal Court System Selecting Federal Judges
President nominates a “qualified” person, who is confirmed by the Senate
senatorial courtesy: an unwritten tradition whereby the Senate will not confirm a district court judge if opposed by the senior senator from the state in which the nominee will serve
litmus test: Presidents tend to nominate judges who reflect their own political ideology

9. A. Federal Court System Jurisdiction of Federal Courts
dual court system: federal and state courts
Constitution grants authority over certain types of cases to federal courts (all other matters left to state courts)

10. “Federal Question” Cases Involve…
A. Federal Court System
“Federal Question” Cases Involve…
the United States government
the United States Constitution or federal laws
controversies between States
controversies between the United States and foreign governments 

11. “Diversity” Cases Involve…
A. Federal Court System
“Diversity” Cases Involve…
citizens of different states
U.S. citizens and those of another country
damages of $75,000+

12. Dual Court System

13. B. Supreme Court in Action
Getting to the Court
cases may reach the U.S. Supreme Court in three ways (original or appellate jurisdiction):
most cases heard on appeal from lower court
writ of certiorari: an order by the Supreme Court directing a lower court to send up a case for review
if the case is under the Court’s original jurisdiction
an appeal of a decision made in a state supreme court
an appeal of a decision made in a federal Court of Appeals

14. B. Supreme Court in Action
Hearing the Case
briefs: documents that set forth the facts, summarize lower-court’s decision, state arguments, and discuss relevant cases
lawyers present oral arguments; then, justices debate case in secrecy
opinion: a written explanation of decision
dissenting opinion: a signed statement in which one or more justices disagree with the majority opinion
opinion of the Court: a signed statement that reflects the majority view of the Supreme Court
concurring opinion: a signed statement in which one or more members agree with the majority view but for different reason

15. C. Power to Make Policy Judicial Review
the principle by which the Court can declare laws and executive acts unconstitutional
established by Marbury v. Madison, 1803

16. C. Power to Make Policy Judicial Review
judicial activism: an approach to judicial review which holds that judges should discover the general principles underlying the Constitution and apply them to modern circumstances
judicial restraint: an approach to judicial review which holds that judges should decide cases strictly on the basis of the language of the laws and the Constitution

17. C. Power to Make Policy Overturning Precedent
stare decisis: an informal doctrine by which judges look at past decisions to guide rulings on cases with similar issues or circumstances
Court decisions establish precedents, which provide continuity in interpreting rule of law
change in ideological composition of Court due to presidential appointment, however, can establish new or reject existing precedent

20. C. Power to Make Policy 3. Justiciable Disputes
political question: a doctrine that holds if an issue is fundamentally political, not legal, the Court will refuse the case and leave for the executive and legislative branches to settle
notion is less important as Court is “willing” to handle what has increasingly become more legal, rather than political, matters

21. C. Power to Make Policy Judicial Relief
remedy: a judicial order setting forth what must be done to correct a situation that a judge believes to be wrong
Court orders often involve monetary compensation, but can also be based on interpretations of Constitution or federal laws as they pertain to civil rights

22. Supreme Court Speaks
Legal scholars consider the case Marbury v. Madison (1803) a central text for understanding the role of the Court to interpret law in light of the Constitution, known as judicial review.

23. Supreme Court Speaks Directions:
Read the case summary for Marbury v. Madison (1803)
Respond to the prompts.
Complete a case brief that includes the facts, arguments, decision, opinions, and precedent.

24. Supreme Court Speaks
Marbury v. Madison (1803): the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review.