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Unit 3: The Judicial Branch State, District and the Supreme Court.

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1 Unit 3: The Judicial Branch State, District and the Supreme Court

2 Free powerpoint template: www.brainybetty.com 2 John Marshall Served as Chief Justice from 1801- 1835 Greatly expanded the power of the court Introduced the idea of judicial review

3 Free powerpoint template: www.brainybetty.com 3 Court Systems Two Court Systems: 1. State Courts 2. Federal Courts a. lower federal courts b. Supreme Court

4 Federal State

5 Free powerpoint template: www.brainybetty.com 5 Jurisdiction This is the right of a particular court to hear a case Federal Courts- jurisdiction over U.S. laws, treaties with foreign nations and interpretations of the Constitution

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7 7 Federal, not State Cases 1.Ambassadors and other representatives of foreign governments 2.Two or more state governments 3.The U.S. govt. or one of its offices or agencies 4.Citizens of different states 5.A state or its citizens and a foreign country or its citizens

8 Free powerpoint template: www.brainybetty.com 8 Concurrent Jurisdiction In some cases, both state and federal courts have jurisdiction. But if one party insists, case must be tried in federal courts

9 Free powerpoint template: www.brainybetty.com 9 Types of Jurisdiction Original – where the case is first heard in a court Appellate – where you go if you did not agree with decision in original decision Supreme Court – last stop

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13 Free powerpoint template: www.brainybetty.com 13 The Supreme Court

14 Free powerpoint template: www.brainybetty.com 14 The Basic Rules The Supreme Court, nor any federal court, can initiate action This makes the U.S. very different than other countries where courts often regulate other areas of governments by introducing cases Federal courts do NOT offer legal advice; they only rule on cases

15 Free powerpoint template: www.brainybetty.com 15 Marbury v. Madison 1801- bill passes that allowed president to appoint 42 justices of the peace in the District of Columbia (President Adams, a Federalist, was on his way out of office. TJ, a Demo-Rep was coming in) Senate confirmed these appointments, all but 4 were delivered before Adams left office Jefferson stopped the remaining 4 deliveries William Marbury, one of the 4, sued for his appointment

16 Free powerpoint template: www.brainybetty.com 16 The Court Says… Heard case in Feb 1803 Marshall: Marbury was violated, BUT he ruled that Congress gave the court too much power under the Judiciary Act of 1789 so that they could not enforce their ruling This case established Judicial Review (power of the court to examine laws and actions and determine if they are constitutional)

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19 Free powerpoint template: www.brainybetty.com 19 Civil War After the Civil War, the Supreme Court was forced to deal with newly freed African Americans Reconstruction Amendments: 13 th, 14 th, 15 th 13= no more slavery 14= equal protection under the law 15 = voting cannot be denied based on race

20 Free powerpoint template: www.brainybetty.com 20 Plessy v. Ferguson (1896) This established the premise of ‘separate but equal’ Plessy, a very light colored man demanded to sit in first class with the white people; told to move to the ‘negro’ section Sued Court said segregation is okay Overturned in Brown v. Board

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22 Brown V. Board

23 Free powerpoint template: www.brainybetty.com 23 Federal District Courts 94 total and each state has at least one Texas has four district courts There are 550 judges who preside over the district courts

24 Free powerpoint template: www.brainybetty.com 24 Juries Grand Jury- included 16 to 23 people to hear charges against a person to determine if there is enough evidence to bring the person to trial Jury in a criminal case – guilty or not guilty Jury in a civil case – find either for the plaintiff or the defendant

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26 Free powerpoint template: www.brainybetty.com 26 Circuit Courts 12 judicial circuits with one appellate court in each circuit Can make three decisions: 1. Reverse the decision 2. Uphold the decision 3. Send case back to the lower court to be tried again

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28 Free powerpoint template: www.brainybetty.com 28 Selection of Federal Judges President appoints all federal judges No qualifications for judges set forth in the Constitution Serve for life. Why? –Gives them the freedom to be able to make unpopular decisions Favor judges who belong to their political party Congress has the power to increase number of judges – most likely when Congress and President same political party

29 Free powerpoint template: www.brainybetty.com 29 Who are Judges? Listed below are the current Justices of the U.S. Supreme Court. Click on the Justice's name for a short biography. John G. Roberts - Chief Justice of the United States Appointed by: President George W. Bush Appointed in: 2005 Age When Appointed: 50 Samuel A. Alito, Jr. Appointed by: President George W. Bush Appointed in: 2006 Age When Appointed: 55 Antonin Scalia Appointed by: President Reagan Appointed in: 1986 Age When Appointed: 50 Anthony Kennedy Appointed by: President Reagan Appointed in: 1988 Age When Appointed: 52 John G. RobertsChief Justice of the United States Samuel A. Alito, Jr. Antonin Scalia Anthony Kennedy Clarence Thomas Clarence Thomas Appointed by: President George H. W. Bush Appointed in: 1991 Age When Appointed: 43 Ruth Bader Ginsburg Appointed by: President Clinton Appointed in: 1993 Age When Appointed: 60 Stephen Breyer Appointed by: President Clinton Appointed in: 1994 Age When Appointed: 56 Sonia Sotomayor Appointed by: President Obama Appointed in: 2009 Age When Appointed: 55 Ruth Bader Ginsburg Stephen Breyer Sonia Sotomayor Elena Kagan Elena Kagan Appointed by: President Obama Appointed in: 2010 Age When Appointed: 50 Current (2009) salary for the Chief Justice is $217,400 per year,Chief Justice while the Associate Justices each make $208,100.

30 Free powerpoint template: www.brainybetty.com 30 On the Dockett http://otd.oyez.org/


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