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Judicial Branch

Judicial Branch. AP Government & Politics. Tuesday, September 18 th. Good Afternoon! As you come, please: Front table – pick up an Executive Cabinet Info Summary & we’ll get started in a minute!

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Judicial Branch

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  1. Judicial Branch AP Government & Politics

  2. Tuesday, September 18th • Good Afternoon! • As you come, please: • Front table – pick up an Executive Cabinet Info Summary & we’ll get started in a minute! • Gallery Walk – fill in your Executive Cabinet Info Summary with your beautiful mini-posters in the hallway

  3. Class Updates • Tutoring – Thursday after school • Friday – Unit 2 Summative • Covers all the interactions between the 3 branches + the bureaucracy • I’ll share tomorrow: • Unit Assignments Cover Page

  4. Today’s Learning Objective

  5. Discussion Prompt What message is this illustration trying to convey? On a clean sheet of paper, write down your thoughts in 3-5 sentences

  6. Constitutional Roots Article I Article III Article II

  7. The Role of the Judicial Branch • To interpret and define law • This involves hearing individual cases and then deciding how the law should apply • Remember federalism – there are federal courts for federal law, and state courts for state laws!

  8. 3 Major Steps in the Federal System Courts Judges 1 Supreme Court 9 12 Court of Appeals 3 91 1 District Court

  9. Sources of Law • Constitution of the United States • Statutory laws – (statutes) laws that are written by state legislatures and other lawmaking bodies • Common Law – origin of stare decisis; past rulings are differed to when issuing decisions (using precedent)

  10. Two Branches of Law 1. Public Law – deals with the relationship between the government and citizens • Criminal Law • Constitutional Law • Administrative Law – rules and regulations of the government agencies • International Law – rules that guide relations with other countries

  11. Two Branches of Law 2. Private/Civil Law – deals with disputes between individuals, businesses or other organizations • Contracts • Property • Torts(wrongful act that injures a person or someone’s property) • Domestic Relations

  12. Federal Court System

  13. Jurisdiction • Jurisdiction – the authority of a court to hear (try and decide on) a case • 4 Types of Jurisdiction: • Exclusive Jurisdiction – only federal court has authority to hear, state court cannot

  14. Jurisdiction • Concurrent Jurisdiction – federal or state court could hear • Original Jurisdiction – court is the first one to hear a case • Appellate Jurisdiction – court can only hear a case on appeal

  15. Jurisdiction • U.S. District Courts have original jurisdiction • The Court of Appeals has appellate jurisdiction • Supreme Court has both

  16. Types of Jurisdiction

  17. Jurisdiction The right of a court to hear a case Original jurisdictional levels:

  18. Federal District Courts • Federal trial courts; currently 94 courts • at least one per state plus D.C. and Puerto Rico • 2 judges per court • have original jurisdiction • hear 80% of federal cases (about 300,000/yr.)

  19. Court of Appeals • Set in 12 districts or circuits; usually 3 judge panels (11 “regions,” and one in DC) • hear appeals from district courts • set up to lessenworkload of Supreme Court • have appellate jurisdiction • does not always mean a trial • about 40,000 cases/yr.

  20. Supreme Court • Court of lastresort - most appeals come from the Court of Appeals • currently 8 associate justices and 1 chief justice • judicial review– can declare a law or action unconstitutional • meets on the first Monday of October each year and usually continues in session through June. • cases are heard en banc, which means by all the justicessittingtogether in open court. • about 6,000 cases apply/yr., only about 100 get fulldecision

  21. Process to the Supreme Court • Federal Indictment • Federal Grand Jury Hearing • Trial in Federal District Court • Verdict by Trial (Petit) Jury • Appeal to Courts of Appeals (Circuit Courts) • 3 panel court decides to uphold or overturn the verdict • Appeal to United States SupremeCourt

  22. Process of Hearing Cases by the U.S. Supreme Court 8. Submit Appeal - In most cases lawyers write an appeal for the court to issue a writ of certiorari. (forces lower courts to send documents from the case to be reviewed) – 90% rejected 9. Appeal Granted – At the Friday Conference (Rule of Four) 4 of 9 justices agree to put case on docket(schedule).

  23. Process of Hearing Cases by the U.S. Supreme Court 10. Submit Brief - Briefs are written -statements setting forth the legalarguments, relevantfacts and precedents supporting one side of a case. *Amicus Curaie Briefs– friend of the court (come from individuals, interest groups, or govt agencies claiming useful info.)

  24. Process of Hearing Cases by the U.S. Supreme Court 11. Oral Arguments- the lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limited to 7 sittings at 30 minutes for each side. (2 weeks long) 12. Conference - Justices discuss and vote on cases. (Wednesday morning and on Friday) 13. Write Opinions – after voting on the case, each justice may write their opinions. 14. The Decision is Final

  25. Making Decisions • Judicial Restraint – the Court limitsitself to matters of law and justice as they are brought before them. • Judicial Activism – the Court does not limit itself from makingpolicy with its decisions. • Write Opinions – • majority– the decision of the court • concurring – agrees with the decision but wants to explain • dissenting – disagrees and wants to explain why

  26. Making Decisions • Precedents – a principle or rule established in a previous legal case that is either bindingon or persuasive for a court when deciding latercases with similar issues or facts. • Unique to states who follow common law

  27. Judicial Review • Judicial Review – the power to declare acts of government unconstitutional, thus eliminating them • All comes from the case of Marbury v. Madison

  28. Marbury v. Madison • John Adams (2nd President) has just lost to Thomas Jefferson in the election of 1800 • To preserve his legacy, Adams has Federalists in Congress createloads of newjudgeships • Adams appoints Federalistparty members to all the new positions

  29. Marbury v. Madison • Jefferson was very upset • Jefferson ordered James Madison(then Secretary of State) not to deliver the judgeship commissions • William Marbury, who was to be a judge, suedMadison • At the time, JohnMarshall was ChiefJustice of the Supreme Court.

  30. Decision in Marbury v. Madison • Judiciary Act of 1789 gave Supreme Court original jurisdiction in disputes about judgeships • However, Article III of the Constitution gives Supreme Court appellate jurisdiction in those cases

  31. The Constitutional Question • While Marbury was suing to get his judgeship commission delivered, the Supreme Court debated… • The real question – can Congress expand the Supreme Court’s powers beyond what is written in the Constitution (with the Judiciary Act of 1789)?

  32. Decision in Marbury v. Madison • Therefore, Judiciary Act of 1789, and Marbury’s lawsuit are… • For the first time Supreme Court struck down an act of government as unconstitutional Unconstitutional!!

  33. Judicial Review • Definition: the power that the Supreme Court has to review acts of laws and already tried cases. • Before: Marbury v. Madison – Supreme Court had very little power and was uncertain of their role in government • NOW: the Supreme Court had power to check the other two branches of government to see if laws passed follow the Constitution and the actions of the Executive branch

  34. Closer • A Time to Kill Closing Statements

  35. Wednesday, September 19th • Good afternoon! • As you come in, please: • Pull out yesterday’s Student Notes – we’ll finish them in a moment!

  36. Class Updates • Tutoring – Thursday after school • Friday – Unit 2 Summative • Covers all the interactions between the 3 branches + the bureaucracy • I’ll share tomorrow: • Unit Assignments Cover Page

  37. Today’s Learning Objective

  38. Latin Terms to Know

  39. The Supreme Court

  40. Inside The Supreme Court Building

  41. Appointing Supreme Court Justices Presidents appoint Supreme Court Justices and federal judges US Senate confirms the appointment Presidents are strongly influenced by judicial ideology in choosing justices—justices are a President’s legacy Justices appointed to life tenure, so a chance for president’s legacy to extend beyond his time in office.

  42. Senatorial Courtesy: tradition in which President consults with senators within a state in which an appointment is to be made. Litmus Test – Presidents try to get the Justice Department to find judges that fit in line with the President’s political ideology. Some presidents may have judicial “litmus test”on some major issue i.e. abortion. Selecting Judges Are you a liberal?

  43. Judge Selection Party background has some influence Ideology does NOT always determine behavior (President Eisenhower was VERY DISAPPOINTED with his nomination of Warren as was Bush ‘41 and Souter nomination) Souter Warren

  44. The Supreme Court Justices Back Row: Elena Kagen, Samuel Alito, Sonia Sotomayer, Neil Gorsuch Front Row: Ruth Bader Ginsburg, Anthony Kennedy, John Roberts, Clarence Thomas, Anthony Kennedy

  45. The Supreme Court 9 justices – 1 Chief Justice, 8 Associate Justices Mostcases come from the federal courts (appellate courts)

  46. The Supreme Court Justices Elena Kagan 1960 2010 D Harvard Obama Jewish None Solicitor General/Law School Dean Neil Gorsuch 1967 2017 R Oxford, Trump Episcopalian U.S. Court Columbia of Appeals Sonia Sotomayor 1954 2009 D Yale Obama Roman U.S. Court Assist. District Catholic of Appeals Atty./Corp. law

  47. Chief Justice John Roberts Jr. Appointed by President George W. Bush in 2006 Conservative From upstate New York; educated at Harvard

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