The Judicial Branch of Government
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Warm Up : 11/11/14
What is the most
important thing to know
about the Judicial
Branch?
Article 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.
•
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 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.
•
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.
•
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.
•
Primary function of courts in general and Supreme Court in
particular
•
Mechanical jurisprudence
—the view of judging
Laws often ambiguous
•
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
May refer to intent of the framers
Previous court cases/precedents
May base decisions on social or political
needs
**All enhance the credibility of decisions
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.
•
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)
•
Meet the Supreme Court Justices
Why is the Judicial System so important to understand? How and
why did the Framers distribute power in the Constitution?
•
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
•
President nominates
•
Lifetime appointment
1.
Chooses cases—no independent data, relies on briefs
2.
Oral arguments heard over seven 2-week sessions
3.
Conference Days—Private meetings/deliberation
4. 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
1.
Per Curiam
: Unsigned decisions of the Court that states
the facts of the case and the ruling
2.
Majority Opinion
: written opinion of the majority stating
reasoning for the decision
3.
Concurring Opinion
: Can be authored by a justice who agrees
with the outcome of a case but for different reasons; may go on
record with own opinion; can influence future opinions; can
lessen impact of majority opinion
4.
Dissenting Opinion
: minority opinions; written by justices who
dissent; may influence future decisions; can undermine
majority opinion
5.
Plurality opinion:
in the absence of a majority opinion
presents the reasoning of most of the justices who side with
the winning party
Judicial activism vs. judicial restraint
suggests that judges rule according to
differing levels of assertiveness
Marbury v. Madison
established the
principle of judicial review
The Supreme Court gained this power
simply by exercising it
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
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)
•
Fold your paper in half to prepare for this application!
•
On one half….
•
Find an example of a case in history where you think the courts acted
using
judicial restraint
•
On the other half…
•
Find an example of a case in history where you think the courts acted
using
judicial activism
•
One side of your bi-fold should have an picture representing
the case
•
The other side should have a description of judicial
activism/restraint and a description of the case (at least 2
paragraphs)
•
If you were a Supreme Court Justice, do you think you would act
more with judicial activism or judicial restraint? Why ? (2-3
sentences)
Do now:
•
Write down 4 things you
know about the Judicial
Branch
Agenda:
•
Do now
Share out
•
Guided Notes
Dual court
system and Marbury vs.
Madison
•
Application
You Pick
•
Judicial Branch Reading
Questions/Vocab
•
Closure
•
Dual Court System
-
There are 50 state court systems
-
One federal court system
•
Each state has a
state supreme court
, though some do not
actually use the term "supreme court."
•
Lower courts include municipal courts, police courts, justices of
the peace, and/or district magistrates.
•
The lowest courts in the state judicial hierarchy have limited
jurisdiction in both civil & criminal cases.
•
Trial courts with general jurisdiction
•
Most cases of a relatively serious nature
start here
•
Intermediate appellate courts
•
Trial court decisions can be appealed here
•
State Supreme Court or Court of Appeals
--This court occupies the top position in the state judiciary
1.
The United States district courts are at the bottom of the
triangle.
2.
The United States court of Appeals are the middle.
3.
The United States Supreme Court is at the top
1)
Constitutional Courts
—judges enjoy lifetime tenure; Article III
2)
Legislative courts
---Article I, Provide advisory opinions and
perform other functions assigned to them by Congress
Thomas Jefferson (Democratic-
Republican) defeats John Adams
(Federalist) in election of 1800
“Revolution of 1800” – huge victory
for D/R
Federalist Reaction
Occurs after election and before
inauguration
Bitter over defeat
Create new federal judgeships and
PACK THE COURT
•
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 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
1. Court refuses Marbury’s request for
writ of mandamus
. Why?
2. Cour
t found Judiciary Act in conflict
with Constitution (Article III Section 2,
Clause 2)
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
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
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
The formal amendment process
emphasizes the federal
character of the governmental
system
Proposal 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
•
Vary in their political and legal philosophies...
They have the POWER to declare acts and
laws
unconstitutional
•
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
•
Read
ALL OF THE INSTRUCTIONS
and answer the questions
•
Whatever you don’t finish will become homework
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
The Judicial Branch, established by Article III of the Constitution, is vital for interpreting laws, upholding the Constitution through judicial review, and providing checks and balances on the legislative and executive branches. The Supreme Court, alongside lower federal courts, plays a crucial role in ensuring the legal system's integrity and fairness.
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Presentation Transcript
Welcome to the Judicial Branch Warm Up : 11/11/14 What is the most important thing to know about the Judicial Branch?
Judicial Branch Article 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/precedents May 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. A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal. 2.
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. 2. 3. 4. At meeting, they speak in descending order of seniority. Chooses cases no independent data, relies on briefs Oral arguments heard over seven 2-week sessions Conference Days Private meetings/deliberation 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 Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values.
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 defeat Create 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)
Marburys 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 Marshalls 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 system Proposal 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
Supreme Court Justices Vary in their political and legal philosophies... Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values. Judicial Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent They have the POWER to declare acts and laws unconstitutional
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: Agenda: Write down one question that you guarantee will be on the Unit test for each branch of the government 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
