BellringerDo you believe the U.S. Constitution should

be followed word for word? OR

Do you think that the U.S. Constitution should be interpreted to fit today’s society?

Please put your reference page in the bin!

Judicial 1

Today we will …

Objectives AgendaDiscuss how our

judiciary was designed and why.

Explain judicial review and analyze its origin in this country to Marbury v. Madison.

Compare/contrast original intent & evolving constitution interpretations of the Constitution.

1. Federalist No. 78 reading groups

2. Marbury v Madison review article

3. Competing Views on Interpretation pair/share

4. Closure

Federalist #78

Why do we need a judiciary? Why should it be independent?

Reading Groups:1. Preview questions 1-3.2. Read Federalist #78 together.

• Ex post facto, bills of attainder, etc.3. Discuss & answer the questions together.

Federalist #78 – Hamilton said …Judiciary “will always be the least dangerous to the

political rights of the Constitution; because it will be least in a capacity to annoy or injure them”- still true?

The Judiciary “has no influence over either the sword or the purse” -still true?

The Judiciary “has neither FORCE nor WILL, but merely judgment”- still true?

Must be independent of the EXEC & LEG, represents a Limited Constitution – still true?

Justices must have permanent tenure with good behavior to resist encroachment by the LEG- still true?

Check for UnderstandingWhat does this

political cartoon say about the relationship between the judicial, executive and legislative branches?

What would Madison say about this cartoon?

1. Marbury v. Madison: Reading

Legal Model= Slot Machine Model

The FactsThe Law - precedents, constitutions,

laws, & regulationsThe Independent Judge or

Decision Maker - a judge must be judicially independent from influence from either party & independent from influence from the political branches. A court must be independent to make

unpopular decisions that protect the civil liberties of minorities (anti-majoritarian).

The Holding: The components result in the proper decision being made every time.

Your payoff NEVER depends upon who you are or the political environment you operate in.

The judgment is a simple decision for one of the two parties in the suit.

Marbury V. MadisonThe Facts: William Marbury is appointed a

federal magistrate and confirmed by the Senate. Before his commission is delivered by the Secretary of State, a new presidential administration takes over power. James Madison, the new secretary of state, refuses to deliver the commission. Marbury files suit.

Marbury V. MadisonThe Law: Marbury sues for a writ of

mandamus (an order compelling an action by a government official) under the Judiciary Act of 1789, which granted original jurisdiction to the Supreme Court. Original jurisdiction simply means that the suit is filed in the Supreme Court and tried there, as compared with appellate jurisdiction, in which the case is tried in a lower court (district court), and the Supreme Court reviews the earlier decision.

Marbury V. MadisonHolding: The writ of mandamus is denied.

Marbury does not receive his commission.Legal Reasoning: The portion of the Judiciary

Act of 1789 that grants original jurisdiction to the Supreme Court is unconstitutional. The Constitution grants the Supreme Court original jurisdiction only in certain specified cases. Congress cannot expand the grant of original jurisdiction as set out in the Constitution. Hence, that portion of the Act is unconstitutional. It is solely the province of the judiciary to decide what the Constitution says.

Judicial ReviewJudicial Review: The right of the federal

courts to rule on the constitutionality of laws, executive acts (acts of the President & bureaucratic laws), and state laws. Marbury v MadisonFederalist 78, “The courts were designed to be an

intermediate body between the people and the legislature”

“No Legislative Act… contrary to the Constitution, can be valid. To deny this would be to affirm… that the servant is above his master, that the representatives of the people are superior to the people themselves”

Check for understandingWhere is judicial review mentioned in the

Constitution? What does this say about the founders

expectations of the federal courts?

2. Reading: Original Intent or Evolving Constitution

Evolving Constitution – Loose/Activist/Liberal

Original Intent - Strict Constructionist/Conservative

Step 1: With your partner read the article and take

notes on either Original Intent OR Evolving Constitution viewpoint (you will be assigned)

Draw a cartoon that illustrates your viewpoint of the Constitution or the court

2. Reading: Original Intent or Evolving Constitution

Evolving Constitution – Loose/Activist/Liberal

Original Intent - Strict Constructionist/Conservative

Step 2:Share your viewpoints & cartoon with a pair

that represents the opposing sideMake a T-Chart that compares the 2

viewpointsDiscuss which side you most agree with.

CLOSURE

Judiciary HomeworkHow does judicial

review empower the Supreme Court within the system of checks and balances?

How might judicial activism influence decisions made by individual judges when deciding cases heard by the court?

Judiciary A Questions #s 3-6

Make the Supreme Court Justices chart

3. The doctrine of original intent holds that (A) Supreme Court justices must emphasize independent and original thinking in considering constitutional matters(B) the meaning of the Constitution depends on the intention of the framers(C) cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court(D) Supreme Court justices should avoid bias by documenting their original impressions of a case(E) the Supreme Court should review all treaties that alter previously established foreign policy.