Role of the Court

Warm Up• What do you

feel is the role of the federal judges regarding interpreting the Constitution?

Graphic Organizer Time• How Federal Cases

are Appealed• Appealing a Case

to the Supreme Court

Judicial Review

Judicial Review• Judicial review refers to the

power of a court to determine the constitutionality of a government action.

• The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803).

• The Court’s decision laid the foundation for its involvement in the development of the American system of government.

John Marshall: Great Chief Justice or Greatest Chief Justice?

William &Mary:Class of 1780

Movie Time!!!

• Judicial Review• Marbury vs. Madison• John Marshall• http://www.teachertub

e.com/view_video.php?viewkey=1ba2e1f0d4a99089bc3f

The Case of the Flying Fish

• Little v. Barreme (1804)– The President authorized the Navy to intercept any vessel

going to or from a French port.– HOWEVER, Congress had passed a law telling the Navy to

seize only vessels going to French ports.– The Flying Fish, a Dutch Ship, was coming from a French

Port. It was seized by the USS Boston under the command of Captain George Little.

– Captain Little was declared to be liable for executing a command that was illegal in nature.

Flying Fish Continued…• Key Issue:

– Whether an order of the President, which in effect attempts to make law, can override an act of Congress.

• The Supreme Court decides:– No, an order of the President which

is in contradiction with an act of Congress is illegally put forth.

• Reasoning:– Legislative branch makes laws and

the Executive enforces the law. The Act of Congress limited what ships could be seized. The President acted contrary to these limits. His actions were unconstitutional.

Extra Credit Challenge

• Take Out Your Book• Turn to the Constitution• Find the Following: – Right to Privacy– Separation of Church

and State– Freedom of Expression

No Luck?

• Why do you think you couldn’t find any of these?

• Do they exist?– Right to Privacy– Separation of Church

and State– Freedom of Expression

• Judicial Restraint- a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional.

Judicial Activism vs. Judicial Restraint

• Judicial Activism- relates to activities of judges who, in the course of carrying out their duties, go beyond the strictly judicial function and enter into the political policymaking arena.

Examples of Judicial Activism

• Judicial Activism– Judicial Review

• Marbury v. Madison

– Right to Privacy– Abortion Rights

• Roe v. Wade

– Abolished Segregation• Brown v. Board of Ed

– Dred Scott v. Sanford

"It is every Americans' right and obligation to read and interpret the Constitution for himself."

— Thomas Jefferson

Freedom of Religion(Two Parts)

• The Establishment Clause• "Congress shall make no law

respecting an establishment of religion.“

• It has been interpreted to prohibit :– the establishment of a

national religion by Congress, or

– the preference of one religion over another.

• The Free Exercise Clause• “or prohibiting the free

exercise thereof“• It has been interpreted as:

– Religious groups and individuals should have the right to meet and worship without undue government interference.

– Individuals have the right to choose their own religion.