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Judicial Branch

Judicial Branch. Famous Trials. Back row (left to right): Elena Kagan, Samuel A. Alito, Sonia Sotomayor, and Neil Gorsuch. Front row (left to right): Ruth Bader Ginsburg, Anthony Kennedy (replaced by Brett Kavanaugh now), Chief Justice John G. Roberts, Clarence Thomas, and Stephen G. Breyer.

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Judicial Branch

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  1. Judicial Branch Famous Trials

  2. Back row (left to right): Elena Kagan, Samuel A. Alito, Sonia Sotomayor, and Neil Gorsuch. Front row (left to right): Ruth Bader Ginsburg, Anthony Kennedy (replaced by Brett Kavanaugh now), Chief Justice John G. Roberts, Clarence Thomas, and Stephen G. Breyer.

  3. Their Job • The Supreme Court • Decides the Constitutionality (does it go against the Constitution) of laws = Judicial Review • 9 Judges • Serve for life • Appointed by President but approved by Senate

  4. Questions • What is the job of the Supreme Court? • How many justices are on the court? • How long do they serve? • How do they get their jobs?

  5. Marbury vs. Madison • In 1803 • James Madison vs. William Marbury • Defined the courts right to determine whether a law violates the Constitution • The Constitution is the Supreme Law of the Land • Set up Judicial Review • Makes judicial branch legal.

  6. Questions • When was Marbury v. Madison? • What was argued? • What was the supremacy clause? • Where is it in the US Constitution? • What does judicial review mean? • Do we still have it today?

  7. Gideon vs. Wainwright • In 1963 • Gideon accused of breaking into a pool hall • This was a felony (crime) under the Florida law

  8. Trial • Gideon appeared in court without a lawyer because he could not afford one • He asked the courts to appoint (give) him a lawyer BUT they denied his request

  9. Gideon Appeals courts decision • While in prison he researched his case • He read the 6th Amendment • The 6th Amendment sets up …Right to an attorney

  10. Supreme Courts decision • The Supreme court heard his case • Ruled that a defendant cannot have a fair trial without a lawyer • State must provide a lawyer if you cannot afford one

  11. Miranda vs. Arizona • Ernesto Miranda vs. Arizona • 1966 • After he was arrested he was questioned by police

  12. Trial • Miranda made an oral and written confession • At his trial police testified that they… • Warned him that a written statement could be used against him • Had not warned him that an oral statement could be used against him • Nor had they told him he had the right to an attorney

  13. Supreme Court Decision • Since the Police did not warn Miranda about the oral statement and the right to an attorney it went to the Supreme Court • The Supreme Court overturned Miranda’s conviction • Violated his 5th Amendment: right to remain silent • Violated his 6th Amendment: right to an attorney • The Miranda Right must be read to you

  14. McColluch vs Maryland • James McColluch is sued by the state of Maryland for refusal to collect a tax on the United States Bank in Baltimore. • Loses the first, second appeal until reaches the Supreme Court in 1819. • Unanimous court decision ruling that Congress can create national banks. • Article 1 Section 8. Article 4 of Constitution. • Necessary and Proper clause. Supremacy Clause • People have more power than the states.

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