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Unit V
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 ConstitutionChapters 18-21 in your textbook
Discussion Question“WE ARE A NATION OF LAWS”
What are the implications of this statement? What does this mean?
The Judicial Branch
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.
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” a.k.a. life
Role of the courts in American Role of the courts in American governmentgovernmentMake 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. MadisonJudicial reviewChecks and Balances
Defendant Arrested
Trial Court
Guilty Not Guilty
can appeal to
Court of Appeals
Reverse Conviction
UpholdConviction
Defendant Free
can appeal to
MinnesotaSupreme Court
Reverse ConvictionDefendant Free
UpholdConviction
DefendantFree
Dual Court SystemStatesFederal
Judicial review of state lawsJudicial review of state laws
Minnesota Court System
Federal system94 District Courts: Criminal and Civil cases13 Appeals Courts AppellateJustices – Life terms (“Good behavior”)1 Supreme Court
Judicial Review Marbury v. Madison
SCOTUS
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
U.S. Supreme CourtCases appealed from federal and state
systemControl of docket (5k-7k hear 100-150)Session (October - June)Justices - 9 (life, appointed by president,
confirmed by senate)
Supreme Court (continued)Supreme Court (continued)Control over docket (rule of four)Solicitor generalAmicus curiae briefGrant reviewOral argumentsConferenceJudgmentChief Justice
SessionCases are heard with all the Justices sitting
together in open court.Majority, Concurring, and Dissenting
Opinions
U.S. Supreme Court 2012-13
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
The Judicial Branch