1. Judicial Branch #1
The Supreme Court

2. Jud #1: Supreme Court
Washington DC passed a law in 1978 that bans all handguns in its district. Recently, several people sued saying that the law violates their second amendment right.
Who’s right? Does the district have the right to ban handguns or does this violate their second amendment rights?

3. Article III: Judicial Branch
Decide on federal issues
No formal qualifications
Federal judges – life terms
Appointed by the
Confirmed by the
Can be impeached
& removed

4. Questions…
Why aren’t federal judges elected?
Should they serve life terms?

5. Congress determines structure of courts:
1. District Courts: where federal cases begin
Original jurisdiction – first authority to try a case
Currently hearing a case on CA’s ban on same sex marriage – does it discriminate?

6. We are in the 9th Circuit

7. Appeal: reviews decision of lower court
2. Circuit Court of Appeals: appeal case to this ct.
Appellate jurisdiction – authority to hear an appeal

8. The last say…
3. Supreme Court: final appeal

9. Supreme Court 9 Justices Includes Chief Justice
Make the final review on a case
Judicial Review: is a law constitutional? Power comes from Marbury v. Madison

10. Selecting a Case SC decides its own docket (caseload) Rule of 4
4 justices must decide to hear a case
If they do, it’s given a writ of certiorari
80%++ cases will not get heard
Types of cases that get accepted:

11. Deciding a Case Each side’s lawyers present to justices Time limits
Review materials already given to Court
Judicial Conference: justices discuss the case in closed door sessions

12. Decision: number of people who agree
Ex: 8-1 where 8 justices say no and 1 says yes
Opinion: brief that explains the decision
Majority Opinion: explains opinion of the majority
Dissenting Opinion: explains opinion of the minority
Decision is made public

13. Checks & Balances
How can the other two branches stop the judicial branch?
Impeach & remove judges
Confirm (or not) federal judges
Amend the Constitution
Is the judicial branch the most powerful of the three branches?

14. Quick Review
How do federal judges get their job (HINT: it’s a 2 step process)?
Once they have their position, how long is their term in office?
When the courts overturn a law it’s known as….
Which court case establishes the above answer (#3)?

15. Jud #4 Schenck vs. U.S.
What law did Congress pass in 1918 and why? (What war were we fighting?)
What happened to those who dissented (opposed) the war?
Who is Charles Schenck?
What did he do that caused him to get in trouble?

16. Who’s Right?
List 2 arguments for why Schenck should be allowed to speak his mind
List 2 arguments for why the US should be allowed to silence his speech
Then, decide who you think is right – Schenck or the US