April 8 Movie Separation of Powers and Checks

and Balances review Notes/discussion over the Judicial

Branch Chapter 18 Vocab. and crossword

puzzle Vocab. Quiz Friday

You will be able to: COMPARE and CONTRAST federal

and state court systems LIST and EXPLAIN the differences

between criminal and civil cases DESCRIBE the basic structure of the

Supreme Court SUMMARIZE Supreme Court

decisions

US GOVERNMENT

The Judicial Branch Notes

Article I of the Constitution, the legislature makes the law.

Article II of the Constitution, the executive enforces the law.

Article III of the Constitution, the judicial interprets the law.

Each branch can “check” the power of the other branches.

Article III, Section I of the Constitution “The judicial Power of the United

States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

GENERAL INFORMATION: TWO different court systems in the

U.S. Federal and State Both feed into the US Supreme

Court Both hear criminal and civil cases

Why two different court systems? The Articles of Confederation did not

establish national courts or a national judiciary.

States interpreted and applied the laws as they saw fit.

Decisions by the courts in one state were ignored by the courts in other states.

Federal Judiciary -- deals with matters that state courts can’t handle. Ex: disputes between states, disputes between foreign citizens and U.S. states or citizens, and matters that deal with federal laws and the Constitution.

State Judiciary -- every matter not handed by the relatively limited federal courts is handled in the state courts. Ex: family law issues, landlord-tenant disputes, probate cases, lawsuits between parties within a single state, and nearly all state criminal offenses.

To determine whether it is federal or state court, you need to look at: The parties involved

– Are they all from the same state?– Are they from different states or even

different countries? The situation that has lead up to the

trial – Is it a state law or federal law that has

been broken?

Federal Court System

94 US District Courts in the US 13 Courts of Appeals (13 Circuits) 1 U.S. Supreme Court

State Court System

132 General District Courts 123 Circuit Courts Court of Appeals of VA VA Supreme Court

DIAGRAM OF COURTROOM

Two Kinds of Federal Courts

Inferior Courts

US Supreme Court Article III of the Constitution Exercises both original and appellate

jurisdiction Most cases come on appeal from the lower

federal courts and from the highest State courts.

Constitution sets original jurisdiction as: 1. As those to which a state is a party. 2. Those affecting ambassadors, other

public ministers, and consuls.

Judicial Review

The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial.

The Supreme Court is the final authority on the meaning of the Constitution.

Read pages 518-519Explain Marbury v. Madison.What were the effects of

Marbury v. Madison?

Appointment of Justices of the US Supreme Court

Presidential appointment with Senate confirmation (judges of the 94 district courts are appointed by the President and confirmed by the Senate)

Considerations: balance, experience/qualifications, positions of past decisions, other opinions

Term of office is for life with “good behavior”

Removed through impeachment

Congress sets the number of associate justices

Judiciary Act of 1789

– Six Judges Congressional Act of 1869

– Chief Justice and 8 associate judges

Supreme Court Sessions

Nine month term (October to June) Two week cycles

– Hear oral arguments, announce decisions on mondays, and rule of motions

– Recess to take care of all other business

Current Supreme Court Justices Chief Justice– John Roberts, appointed

by Bush in 2005 Ruth Bader Ginsburg, appointed by

Clinton in 1993 (2nd female justice)

Antonin Scalia, appointed by Reagan in 1986

Sonia Sotomayor, appointed by Obama in 2009 (1st Hispanic)

Elena Kagan, appointed by Obama in 2010

Clarence Thomas, appointed by Bush in 1991 (2nd African American Justice, grew up in Savannah, GA)

Samuel Alito, appointed by Bush in 2006

Stephen Breyer, appointed by Clinton in 1994

Anthony Kennedy, appointed by Reagan in 1988

First African American Justice was Thurgood Marshall

First woman was Sandra Day O’Connor

Read pages 520-521 Explain how cases reach the

Supreme Court. Explain how the Supreme Court

operates.

http://www.supremecourt.gov/oral_arguments/2010termcourtcalendar.pdf

www.Wikipedia.com