Powers of the Supreme Court

1. Lesson C-4: The Judicial Branch Today we will list the powers of the Supreme Court.

2. Vocabulary • judicial – having to do with courts and the justice system • supreme – highest in quality, rank, or authority • jurisdiction – the power to control or to administer justice • unconstitutional – in violation of a principle found in the Constitution

3. What We Already Know The Constitution created a government divided into three branches.

4. What We Already Know The legislative branch makes the laws.

5. What We Already Know I want you to study hard in Mr. B’s History Class! The job of the executive branch, led by the President, is to enforce the laws.

6. Article 3. The Judiciary The major job of the judicial branch is to interpret the Constitution, determining whether laws are constitutional.

7. Section 1 sets up the judicial branch of the federal government. • It established one Supreme Court, the highest court in the nation. • But it allows for Congress to set up “inferior,” or lower, federal courts.

8. In accordance with their powers under the Constitution, Congress passed the Judiciary Act of 1789. • The Judiciary Act of 1789 established a Supreme Court with a chief justice and five associate justices. • It also set up other lower federal courts.

9. Since 1869, the Supreme Court has been made up of nine justices.

10. Judges serve “during good behavior.” • Judges are appointed by the president, and they serve for life unless they are found guilty of misbehavior. • The salary of a judge cannot be lowered while the judge is in office. • Today’s Chief Justice is paid $233,500 per year and each Associate Justice earns $213,900. Chief Justice John Roberts

11. Section 2 gives the federal courts jurisdiction over cases involving: • ambassadors and other public officials. • admiralty and maritime issues, or issues related to shipping via the U.S. government. • disagreements between two or more states. • disagreements between citizens of different states.

12. Section 2.2 specifies that the Supreme Court has appellate jurisdiction, meaning it has the power to hear appeals of cases held in lower courts.

13. Section 2.3 reaffirms the citizens’ rights to a trial by jury.

14. Section 3 defines the crime of treason. It also sets limits on the punishments Congress can establish for treason.

15. Judicial review is an important power of the courts that is not spelled out in the Constitution. • The judges examine a law to decide whether it violates the Constitution. • If they find it unconstitutional, the law is declared invalid. • This is the only way that the judicial branch can check the legislative branch.

16. The justices can also limit the president’s power in the same way. • If the president issues an executive order, the Supreme Court may decide such an action is unconstitutional. • The president’s order is overturned. • This is the only check that the judicial branch has on the executive branch.

17. Articles 4 through 6 Today we will discuss the roles that The States play in our government.

18. Vocabulary • discuss – talk about • role – the part played during an event or in a group • state – smaller part of the United States

19. Check for Understanding • What are we going to do today? • What does it mean to discuss? • What is your role in this class?

20. In a federal government, power is shared between the national government and the state governments. CONCURRENT DELEGATED RESERVED National government State governments

21. Check for Understanding • How is power shared in a federal system of government? • What term does the Constitution use to refer to the powers that state governments alone can exercise? • What term does the Constitution use to refer to the powers of the national government? • What does the word ‘concurrent’ mean?

22. Article 4: Relations Among States • States respect public acts (marriages, contracts, court decision, etc.) from other states. • Citizens visiting other states have the same rights as residents of those states. • Suspects who flee from the state of the crime to another state must be sent back to face trial. (extradition)

23. Check for Understanding • Is my California driver’s license valid in Arizona? • If I am charged with burglary in California, can I escape the charge by moving to Nevada? • What term is used to describe the process of transporting someone accused of a crime from one state to the state where the crime occurred?

24. Article 4: Relations Among States • New states are admitted to the United States by Congress. • New states may not be created from dividing other states. • Territories and other U.S. possessions are under the control of Congress. • All states must have a republican form of government. • All states receive federal protection from invasion or domestic violence.

25. Check for Understanding • Who controls U.S. possessions like Guam and American Samoa? • What are form of government are all states guaranteed by Article 4? • Who decides when and how a territory becomes a state? • If large-scale riots or other disturbances break out, who is responsible to restore order?

26. Article 5: Amending the Constitution • Two-thirds of each house of Congress approve of a proposed amendment. OR • Two-thirds of the state legislatures call for a constitutional convention to propose an amendment. THEN • Approval of three-fourths of state legislatures OR • Approval of three-fourths of state conventions

27. Check for Understanding • How can Congress start the amendment process? • How can the states start the amendment process? • How do the states ratify a newly proposed amendment?

28. Article 6: Supremacy of the National Government • The Constitution and the laws passed by Congress are the supreme law of the land. • State laws may not conflict with the Constitution or with federal laws. • Judges in all the states must give preference to national lawsover the state laws. • All government officials must swear to support the Constitution. • Religious tests for elected officials are banned.

29. Check for Understanding • What is the supreme law of the land? • Why may state laws be more strict than federal laws? • Can a state decide not to enforce a federal law within its borders? • What promise must all elected officials make when they take office?

31. TheBill of Rightsand other Amendments Today we will discuss the Bill of Rights and the other amendments to the Constitution.

32. Vocabulary • amendment – a change made by adding to or taking away, especially to a written document • Bill of Rights – first 10 amendments to the Constitution • Constitution – written plan of government for the United States

33. What We Already Know In the Declaration of Independence, Thomas Jefferson listed three of the basic natural rights (life, liberty, and the pursuit of happiness), and declared that governments exist to protect those rights.

34. What We Already Know In their first constitutions, most states revealed their fear of a strong government that could be a threat to their natural rights.

35. What We Already Know During the late 1780s, several states refused to approve of the new Constitution because it did not contain a bill of rights guaranteed to the people.

36. Check for Understanding • Why did the states fear a strong national government? • What natural rights are listed in the Declaration? • Why did several states refuse to approve of the new Constitution?

37. The Bill of Rights can be divided into three categories. • The first four amend-ments guarantee personal liberties. • The second four provide protection during legal proceedings. • The last two reserve rights for the people and the states.

38. Amendments 1 thru 4: Personal Liberties • Freedom of religion, of speech, of the press, of peaceable assembly, and to petition (protest to) the government • Right to bear arms (as part of a militia?) to protect your rights • No troops quartered in homes without consent during peace time • No unreasonable search and seizure

39. Amendments 5 thru 8: Protection during Legal Proceedings • Protection from double jeopardy, self-incrimination, and loss of property without due process • Right to a speedy public trial; to knowledge of the charges; to confront and call witnesses; and to a lawyer • Right to a trial by jury • No excessive bail, no excessive fines, no cruel or unusual punishment

40. Amendments 9 and 10: Powers Reserved to the States • This list of the people’s rights is not necessarily all the rights the people have. • All powers notdelegated to the national government, nor prohibited from the states, are reserved for the states. Delegatedpowers = given to the national government Reservedpowers = given to the state governments Concurrent powers = shared by both national and state governments

41. Which amendment . . . • guarantees a jury trial? • (7th) • protects the media (the press)? • (1st) • allows citizens to own firearms? • (2nd) • keeps the government from searching your house without a warrant? • (4th) • says you can’t be tried twice for the same crime? • (5th)

42. bans cruel and unusual punishment? (8th) gives the states all the powers that are not assigned to the national government? (10th) guarantees freedom of speech and religion? (1st)