Welcome to the Judicial Branch

Warm Up : 11/11/14What is the most important thing to know about the Judicial Branch?

Judicial BranchArticle III of the Constitution established the

judicial branch of government with the creation of the Supreme Court.

This court is the highest court in the country and vested with the judicial powers of the government.

There are lower Federal courts but they were not enumerated in the Constitution. Congress deemed them necessary and established them using power granted from the Constitution.

Judicial Review

• Courts decide arguments about the meaning of laws, how they are applied, and whether they violate the Constitution (aka judicial review)

• Judicial Review is this process that the judiciary uses to provide checks and balances on the legislative and executive branches.

Judicial Review

• Judicial review is not an enumerated power given to the courts but it is an implied power.

• In Marbury v. Madison (1803), the courts' power of judicial review was clearly articulated.

Basic Characteristics• The judicial branch hears cases that challenge

or require interpretation of the legislation passed by Congress and signed by the President.

• Consists of the Supreme Court and the lower federal courts.

• Appointees to the federal bench serve for life or until they voluntarily resign or retire.

Basics

• The Supreme Court is the most visible of all the federal courts.

• The number of Justices is determined by Congress rather than the Constitution, and since 1869, the Court has been composed of one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate.

Interpreting the Law• Primary function of courts in general and Supreme

Court in particular

• Mechanical jurisprudence—the view of judging

Laws often ambiguous

Legal Interpretation• Judges base decisions on precedents, laws• Explain interpretations by invoking generally

accepted legal standards or yardsticks• Can sometimes explain decisions by the literal

meaning of the words of text in question

Legal Interpretation

May refer to intent of the framers

Previous court cases/precedentsMay base decisions on social or political needs

**All enhance the credibility of decisions

Court Jurisdiction

1. A case that is heard on original jurisdiction originates or starts in that court. It has not previously been heard in a lower court.

2. A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal.

Jurisdiction• Federal courts have jurisdiction over cases

involving federal parties (example: ambassadors, leaders, etc) or federal questions (examples: federal laws or treaties, interpretation of constitutional law)

Supreme Court Justices • Meet the Supreme Court Justices

Warm Up-

Why is the Judicial System so important to understand? How and why did the Framers distribute power in the Constitution?

Supreme Court in review• Only court explicitly outlined in Constitution• Membership fixed by Congress• Since 1869 the Court has had 9 members,

including a chief justice and eight associate justices

• 6 members are needed for quorum

Supreme Court in review• President nominates• Lifetime appointment

Supreme Court Process

1. Chooses cases—no independent data, relies on briefs

2. Oral arguments heard over seven 2-week sessions

3. Conference Days—Private meetings/deliberation4. At meeting, they speak in descending order of seniority.

5. Take tentative vote in ascending order of seniority

6. Assign opinion writing—drafted and circulated to fellow

justices for comment

Judicial Activism

When a judge is active in exercising authority beyond their prescribed power

Claims that Judges “Legislate from the bench” rather than “review and referee”

Loose interpretation of the Constitution; when judges make decisions based on personal notions of societal needs

Brown v. Board—1954; Roe v. Wade—1973

Judicial Restraint

Suggests that judges limit the exercise of their power (and not beyond, as practitioners of judicial activism may)

Strict interpretation of the Constitution

Adhere to precedents set by previous decisions in other cases District of Columbia vs. Heller (2008)

Journal

Judicial ActivismLoosely interpret and apply

the Constitution

based on ongoing changes

and values.

Judicial Restraint

Follow a strict

interpretation of the

ConstitutionBelieve judges

should also follow

precedent

Identify the difference between Judicial Activism and Judicial Restraint

Marbury v. Madison

Background

Thomas Jefferson (Democratic-Republican) defeats John Adams (Federalist) in election of 1800

“Revolution of 1800” – huge victory for D/R

Background

Federalist Reaction Occurs after election and before inauguration

Bitter over defeatCreate new federal judgeships and PACK THE COURT

Key Players• Marbury, Madison and others •William Marbury – appointed Justice of Peace for D.C. by outgoing president (Adams)

• Problem arises when his commission is not delivered by James Madison (Jefferson’s Secretary Of State)

Marbury’s Reaction

Marbury takes case to Supreme Court seeking writ of mandamus

Writ of mandamus – court order compelling government officer to perform an act, which that office has a clear legal duty to perform

Supreme Court Decision

1. Court refuses Marbury’s request for writ of mandamus. Why?

2. Court found Judiciary Act in conflict with Constitution (Article III Section 2, Clause 2)

Supreme Court Decision Marshall bases his decision on three propositions… 1. Constitution is supreme law of the land (Article VI Clause 2)

2. All acts of government (legislative, executive, etc.) are subordinate to the supreme law and cannot conflict with it

Supreme Court Decision

3. Judges are sworn to enforce the provisions of the Constitution and therefore must refuse to enforce any government action they find to be in conflict with it.

(Judicial Review is

established)

• According to Marshall’s ruling in Marbury v. Madison, the judiciary is the guardian of the Constitution• Judicial review is controversial

because Americans disagree on how the courts should use this power

Amending the Constitution

The Framers of the Constitution realized that, inevitably, changes would have to be made in the document they wrote

27 amendments Article V

Formal amendment process—four (4) methods

Proposal and ratification

Federalism and Popular Sovereignty

The formal amendment process emphasizes the federal character of the governmental systemProposal takes place at the

national level and ratification is a state-by-state matter

When the Constitution is amended, that action represents the expression of the people’s sovereign will

What is this political cartoon implying?

Journal

Journal

Supreme Court Justices• Vary in their political and legal

philosophies...Judicial ActivismLoosely interpret and apply

the Constitution based

on ongoing changes

and values.

Judicial RestraintFollow a

strict interpretatio

n of the Constitution

Believe judges

should also follow

precedent

They have the POWER to declare acts and laws unconstitutional

Judicial Review?

Application You Pick!

• Pick one and apply pretending to be the voice of the Judicial Branch

• Poem (at least 15 lines) Hint: you could break this up into sections for different ideas

• Song (at least 15 lines) Hint: you could break this up into sections for different ideas

• Speech (at least 15 lines)

• MAKE YOUR VOICE HEARD! Humor is appreciated

The Judicial Branch Reading• Read ALL OF THE INSTRUCTIONS and answer

the questions • Whatever you don’t finish will become homework

Happy Thursday!

Do now:

• Write down one question that you guarantee will be on the Unit test for each branch of the government

Agenda:• Do now Share out• Gallery Walk• Practice Quiz• Review Game• Closure

• The Federal Courts are part of the Judicial Branch, one of three major branches in the federal government. What is the purpose of the judicial branch?• To create laws • To enforce laws• To apply laws to the circumstances of a case• All of the above