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Essential Questions 1. Why is the Federal Judiciary set up the way that it is? 2. How has/does the Judicial Branch affect(ed) American society? 3. What does it mean that we enjoy “relative” rather than “absolute” rights?
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Unit IV
The Judicial Branch
Essential Questions1. Why is the Federal Judiciary set up the
way that it is?2. How has/does the Judicial Branch
affect(ed) American society?3. What does it mean that we enjoy
“relative” rather than “absolute” rights?
Outline1) Judicial Review2) Structure3) The Supreme Court
A) ProcessB) Landmark CasesC) Freedom of Speech
4) Putting it all together
Found In:Article III in the ConstitutionChapter 11 & 12 of your textbook
Discussion Question
““WE ARE A NATION OF WE ARE A NATION OF LAWS”LAWS”
What does this mean?
What are the implications of this statement?
The Judicial Branch
U.S Constitution Article IIISection 1.
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.
The Constitution creates only the Supreme Court of the United States. It gives the Congress the power to establish other lower, federal courts.
U.S. Constitution Article IIIThe Judges, both of the supreme and inferior
Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Comprehension, which shall not be diminished during their Continuance in Office.
“…during good Behavior” what do you think the US Constitution means by
this?
Role of the courts in American Role of the courts in American governmentgovernment
Make policyCan undo work of representative
institutionsJudicial Activism or Judicial Restraint?Constitutional advocates?Bush v. GoreCitizens United v. FEC
Power on Federal CourtsPower on Federal CourtsU.S. Constitution
Articles I-VIIAmendments 1-10 aka Bill of RightsAmendments 11-27
Marbury v. MadisonCreates Judicial review
The primary Check and Balance power of the Judicial Branch
Defendant Arrested
Trial Court
Guilty Not Guilty
can appeal to
Court of Appeals
Reverse Conviction
UpholdConviction
Defendant Free
can appeal to
New MexicoSupreme Court
Reverse ConvictionDefendant Free
UpholdConviction
DefendantFree
Dual Court SystemState Courts
Federal Courts
New Mexico’s Court System
Dual Court System
Supreme Court of the United States
U.S. Supreme CourtU.S. Supreme Court
Supreme Court of the United StatesUltimate court of appeals in the U.S.Does not deal with guilt or innocence deals
with Constitutionality of previous judgment
U.S. Supreme Court
Cases appealed from federal and state system
Control of docket (5k-7k cases per year sent Only hear 100-150 cases)
Session (October - June)Supreme Court Justices – 9 Total (term is
for life, appointed by President, confirmed by Senate)
Supreme Court (continued)Supreme Court (continued)Control over docket (rule of four: Supreme Court will not hear a case unless there is 4 Justices who approve)Vocabulary Define each and provide a picture of eachJudicial Review Judicial Activism Judicial Restraint Supreme Court JusticeJurisdictionAppealState CourtsFederal Courts
U.S. Supreme Court 2013-2014
John G. Roberts, Jr.Chief Justice
First among equalsGets to decide
who write the majority opinion
Nominated by George W Bush
Reagan’s Nominees
Antonin Scalia Anthony Kennedy
HW Bush’s Nominees
Clarence Thomas
Clinton’s Nominees
Ruth Bader Ginsberg Stephen Breyer
W Bush’s Nominees
Samuel Alito
Obama’s Nominees
Sonia Sotomayer Elena Kagan
Justices of the Supreme CourtJustices of the Supreme CourtNine Justices led by a Chief Justice of the
Supreme Court. His/her main duty is administrational and ceremonial. For example?
Nomination and confirmation can sometimes become very “political”
Conservative, Moderate, LiberalRepublican to Republican appointeesDemocrat to Democrat appointeesAlmost always…Why?
U.S. Supreme Court 2012
The Roberts Court, 2012Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg
Unit V
Supreme Court Justice Activity