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The Judicial Branch What is the basic structure of the Judicial Branch? What benefits does one get as a member of the Judicial Branch? What is the basic.

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Presentation on theme: "The Judicial Branch What is the basic structure of the Judicial Branch? What benefits does one get as a member of the Judicial Branch? What is the basic."— Presentation transcript:

1 The Judicial Branch What is the basic structure of the Judicial Branch? What benefits does one get as a member of the Judicial Branch? What is the basic structure of the Judicial Branch? What benefits does one get as a member of the Judicial Branch?

2 What is the Judicial Branch?  The Judicial Branch is one of the main branches of the US government  The Supreme Court  Federal Courts  Specialized Courts  The Judicial Branch is one of the main branches of the US government  The Supreme Court  Federal Courts  Specialized Courts

3 What does the Constitution say about Courts?  “The judicial power of the United States, shall be vested in one supreme court...”  What does this mean?  What is “judicial power”?  What should the Supreme Court look like?  “The judicial power of the United States, shall be vested in one supreme court...”  What does this mean?  What is “judicial power”?  What should the Supreme Court look like?

4 What is the Supreme Court?  The Supreme Court is the highest court in the US  Deals with cases of Constitutional merit  The “guardians” of the Constitution  A safeguard to our citizens rights & freedoms  The Supreme Court is the highest court in the US  Deals with cases of Constitutional merit  The “guardians” of the Constitution  A safeguard to our citizens rights & freedoms

5 Why did the Founding Fathers want a “judicial branch”?  Number of Reasons:  Checks & Balances  No elections  Legal “scholars”  Courts safeguard the rights of the average citizens  Number of Reasons:  Checks & Balances  No elections  Legal “scholars”  Courts safeguard the rights of the average citizens

6 What was the early history of the Judicial Branch?  Post-1787:  The Supreme Court had little power  Heard few cases  No one was really sure what their role would be  Post-1787:  The Supreme Court had little power  Heard few cases  No one was really sure what their role would be

7 The first Supreme Court meet in the Merchants Exchange Building in New York City from 1785 to 1790

8 The first Chief Justice of the Supreme Court, Justice John Jay of New York. During the first few Courts, the High Court heard few cases and had little power in the new government.

9 Philadelphia’s Old City Hall was the home of the US Supreme Court from 1791 till 1800 when it moved to Washington DC

10 Interior of the Old City Hall where the first US Supreme Court meet and hear cases

11 The Supreme Court originally shared space with the US Congress in the partially completed Capital Building. The Court often met in the Capital building’s basement

12 The interior of the Supreme Court’s Capital chamber where the High Court met from 1810 to 1860

13 In 1929, the Temple of Justice, was designed a built as the new permanent home of the US Supreme Court.

14 What changed the Court’s role in the US government?  In 1801, President John Adams appoints John Marshall as Chief Justice  “Midnight Judges”  Marshall helped to increase the power of the judiciary  “judicial review”  Marbury v. Madison  In 1801, President John Adams appoints John Marshall as Chief Justice  “Midnight Judges”  Marshall helped to increase the power of the judiciary  “judicial review”  Marbury v. Madison

15 What is “judicial review”?  Judicial review is the power of the courts to review the actions of the Executive & Legislative braches  Laws  Executive Orders  Can declare items “unconstitutional”  Checks & Balances  Judicial review is the power of the courts to review the actions of the Executive & Legislative braches  Laws  Executive Orders  Can declare items “unconstitutional”  Checks & Balances

16 What was Marbury v. Madison?  In 1801, President Adams appointed William Marbury a justice of the peace  Was barred by Sec. of State James Madison  Sued the Federal government  1803: Heard by the Marshall Court  In 1801, President Adams appointed William Marbury a justice of the peace  Was barred by Sec. of State James Madison  Sued the Federal government  1803: Heard by the Marshall Court

17 How was Marbury v. Madison case decided?  Justice Marshall declared Marbury’s appointment “unconstitutional”  First time a US court struck down a law  Established:  The power of the courts  Made the courts an equal members of the government  Justice Marshall declared Marbury’s appointment “unconstitutional”  First time a US court struck down a law  Established:  The power of the courts  Made the courts an equal members of the government

18 What are some other major decisions from the Supreme Court’s history?  Other famous cases:  Dred Scott v. Sandford (1857)  Plessey v. Ferguson (1896)  Brown v. Board of Education (1954)  Gideon v. Wainwright (1963)  Miranda v. Arizona (1966)  Roe v. Wade (1973)  Bush v. Gore (2000)  Hamdan v. Rumsfeld (2006)  Other famous cases:  Dred Scott v. Sandford (1857)  Plessey v. Ferguson (1896)  Brown v. Board of Education (1954)  Gideon v. Wainwright (1963)  Miranda v. Arizona (1966)  Roe v. Wade (1973)  Bush v. Gore (2000)  Hamdan v. Rumsfeld (2006)

19 What are the requirements to be a US justice?  Requirements:  There are none…  The President may appoint whoever he/she chooses  Law background  Similar ideological views  Non-controversial  Requirements:  There are none…  The President may appoint whoever he/she chooses  Law background  Similar ideological views  Non-controversial

20 What are the benefits of being a US justice?  Benefits:  Life tenure (“judge for life”)  Annual salary ($213,900+)  Health Care  Pension / retirement plan  Other benefits:  Speaking engagements  Book / textbook deals  Benefits:  Life tenure (“judge for life”)  Annual salary ($213,900+)  Health Care  Pension / retirement plan  Other benefits:  Speaking engagements  Book / textbook deals


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