THE JUDICIAL BRANCH

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THE JUDICIAL BRANCH

• The Judicial Branch is the part of government that interprets the laws.

FEDERAL LAWS

• FEDERAL means NATIONAL, & today’s lesson focuses on our NATIONAL court system.• Which of the following cases applies to the FEDERAL courts?

speeding tickets

cyber crimes

tax evasion

illegal immigration

kidnapping a child across state lines

shoplifting

not paying child support

FEDERAL COURTS

• It is made of the Supreme Court & lower federal courts & state courts.

THE JUDICIAL BRANCH

• The Federal Court System consists of district courts & appeals courts. • Most cases involving federal laws are heard in the district court. Each district covers several states.

APPEALS COURTS

• Citizens can appeal decisions (to request a change) & go to a higher court.• Courts that review cases are called appeals courts.

APPEALS COURTS

• Appeals courts do not hold trials. Instead, a panel of judges reviews the case records and listens to arguments from lawyers on both sides.•The judges may decide in one of three ways: • uphold (AGREE) the original decision, • reverse (DISAGREE) the decision, • or remand the case—send it back to the lower court to be tried again.

THE SUPREME COURT

• The Supreme Court is the most powerful part of the Judicial system. • Its decisions are final & binding (or lasting) with all other courts.

THE SUPREME COURT

• Congress has set the Supreme Court at 9 members called justices.• Most Supreme Court justices serve on the Court for life, although some retire.

THE SUPREME COURT

• The Supreme Court consists of one Chief Justice (the leader) & 8 associate justices. • They are nominated by the President of the United States & voted on by the Senate. • Their salary is currently set at $223,500 per year for the Chief Justice & $213,900 per year for each associate justice.

THE SUPREME COURT

Chief Justice John G. Roberts

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

109 MD 1955 2005-present 2005-present George H. W. Bush

THE SUPREME COURT

Antonin Scalia

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

103 NJ 1936 1986-present ---- Ronald Reagan

THE SUPREME COURT

Anthony Kennedy

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

104 CA 1936 1988-present ---- Ronald Reagan

THE SUPREME COURT

Clarence Thomas

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

106 GA 1948 1991-present ---- George H. W. Bush

THE SUPREME COURT

Ruth Bader Ginsburg

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

107 NY 1933 1993-present ---- Bill Clinton

THE SUPREME COURT

Stephen Breyer

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

108 MA 1938 1994-present ---- Bill Clinton

THE SUPREME COURT

Samuel Alito

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

110 NJ 1950 2006-present ---- George H. W. Bush

THE SUPREME COURT

Sonia Sotomayor

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

111 NY 1954 2009-present ---- Barack Obama

THE SUPREME COURT

Elena Kagan

# State Year Born Service on Supreme

Court

Term as Chief Justice

Appointed by

112 NY 1960 2010-present ---- Barack Obama

THE SUPREME COURT

• The Supreme Court reviews about 100 cases each year.

JUDICIAL REVIEW

• The Supreme Court has the power of “judicial review,” which is the power to decide whether laws & actions by the legislative & executive branches conflict with the Constitution.

JUDICIAL REVIEW

• The Supreme Court case U.S. v. Nixon was an example of judicial review. • The Senate was impeaching (bringing to trial) President Nixon for using his Presidential power to authorize men of committing conspiracy, burglary, & illegal wiretapping. Nixon refused to turn over some of the evidence, claiming he had executive power.

JUDICIAL REVIEW

• The Supreme Court used their judicial review to rule that Nixon had to surrender the evidence.• After examining the evidence, the Senate found Nixon guilty & he resigned as President of the United States.• Watch his resignation speech here.

RECENT SUPREME COURT DECISIONS

Remember, the Supreme Court hears about 100 cases each year. For example, on Monday, January 23rd, 2011 called Reynolds v. United States. George Reynolds, a Mormon, had married his second wife. When the state of Utah convicted him of bigamy (being married to more than one person), he appealed (challenged) the state & lost in Reynolds v. Utah. Click the next slide to see what happened…

RECENT SUPREME COURT DECISIONS

When the case reached the Supreme Court, the case became Reynolds v. United States. The Supreme Court ruled that Reynolds’ freedom of religion did not protected him from being convicted of criminal activity, such as bigamy. Those who practice polygamy (having more than one spouse) are no more exempt from the law than those who wish to practice human sacrifice as part of their religious belief.

CASE STUDY… HOW IT WORKS

The Facts: In 2004, President Bush required background checks for many government jobs, including people who worked for NASA. 28 lab

employees filed a lawsuit that this requirement was overly intrusive (or a violation of their right

to privacy). A lower court judge ordered the background checks halted until the case was

decided.

CASE STUDY… HOW IT WORKS

The Question: Does the government violate an employee's constitutional right to privacy by

asking her whether she has received counseling or treatment for recent illegal drug use in the past year, or by asking her references if they have any reason to believe she is unsuited to

work in a federal government facility?

CASE STUDY… HOW IT WORKS

The Decision: 8 judges voted NO, that the background checks did not invade their privacy

since they were working for a federal government agency. (One judge did not vote for

an unknown reason.) They decided NASA & other government agencies had the right to

know any potential concerns about their employees.

Do you agree or disagree with their decision?

FUN FACTS

• In 1789, the Chief Justice’s salary was $4,000, while associate justices made $3,500.• In 1790, some Supreme Court justices still wore wigs. Thomas Jefferson said, “For heaven’s sake, discard the monstrous wig which makes the English judges took like rats peeping through bunches of timbers.”• George Washington appointed the most Supreme Court justices (11). Only Franklin D. Roosevelt came close, with 9 appointments.

FUN FACTS

• Chief Justice Salmon P. Chase was the only justice to appear on U.S. currency. He was on the $10,000 bill, which is no longer printed.• William H. Taft was the only president to also serve as a Supreme Court justice.• Jimmy Carter is the only president to serve a full term without nominating a Supreme Court justice.

POP QUIZ

• Take out a piece of scrap paper. • WRITE YOUR NAME ON IT.• You may use your notes & this PowerPoint

to help you, but you must work independently.

• When you’re finished, put your quiz in the bin.

POP QUIZ

1. The Judicial Branch __________ the laws.2. A synonym for the word federal is

___________.3. What is the highest court in the U.S.?4. How many judges sit on this court? What

are they called?5. How are these members chosen? (Explain

the President & the Senate’s roles.)

POP QUIZ

6. Who is the oldest justice on the Supreme Court? How old?

7. Which justice was most recently appointed to the Supreme Court? When?

8. What is ‘judicial review’?9. Why do you think the Supreme Court agreed

with NASA in the NASA v. Nelson?10. Who was the only President to serve on the

Supreme Court after his presidency?

POP QUIZ

11. List the 3 branches of government.

VIDEOS

Check out a couple of the following videos that might interest you.

• Supreme Court Decisions (July 16, 2007)• Obama Announces Kagan

as Supreme Court Nominee (May 10, 2010)• Three Women Supreme Court Justices for the First T

ime (October 4, 2010)

ACTIVITIES

Once your quiz is in the bin, check out…• A Day in the Life: taking a look at everyday

situations where the Supreme Court has impacted your rights & freedoms

• Court Concentration: matching Supreme Court justices with their decisions

• Landmark Case Timeline: sorting the Supreme Court’s most important cases in chronological order

• Supreme Court Quiz: what have you learned?• Constitution Facts Game: is it real or fake?• It’s OK if you haven’t learned some of this yet!!!