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THE JUDICIARY

Unit 10. THE JUDICIARY. Following the Supreme Court . Supreme Court Resources Supreme Court Watch (PBS News hour) Supreme Court In Depth (PBS Video series) Supreme Court (Official web site) Oyez.org Landmark Cases (PBS) Landmark Cases of the Supreme Court ( Street Law )

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THE JUDICIARY

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  1. Unit 10 THE JUDICIARY

  2. Following the Supreme Court • Supreme Court Resources • Supreme Court Watch (PBS News hour) • Supreme Court In Depth (PBS Video series) • Supreme Court (Official web site) • Oyez.org • Landmark Cases (PBS) • Landmark Cases of the Supreme Court(Street Law) • Supreme Court Cases that changed America (CNN slide)

  3. The Supreme Court Targets 10.1 - 10.7

  4. 10.1 Constitutional BasicsArticle III • Judicial Power: • “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” • Life Tenure: • “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…” • Jurisdiction: • …In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction.  In all the other Cases…the supreme Court shall have appellate Jurisdiction…

  5. 10.1 BasicsJudicial Review • The chief “weapon” of the Court • Marbury v. Madison… • Hamilton, Federalist No. 78 • The Court has “neither the power of the sword nor the power of the purse” • “the interpretation of the law is the proper and peculiar province of the courts”

  6. 10.1 BasicsAppointment • John Roberts (2005)…………......Bush • Samuel Alito (2006)…………......Bush • Sonia Sotomayor (2009)………...…..Obama • Elena Kagan (2010)…. …………Obama

  7. 10.1 Basics Interpreting the Constitution • Strict Construction v. Loose Construction Original Intent (originalism) Judicial Restraint Conservative(Republican) Living Document Judicial Activism Liberal(Democrat)

  8. 10.1 CASE STUDYThe Court Changes its Mind

  9. 10. 2 Historical Development

  10. 10.3 Organization & JurisdictionThree tiers of the federal courts • Petitioners v. Respondents

  11. 10.3 Organization & Jurisdiction

  12. 10.3 Organization & Jurisdiction • Original v. Appellate Jurisdiction • …In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction.  In all the other Cases…the supreme Court shall have appellate Jurisdiction…

  13. 10.3 Organization & Jurisdiction Getting to Court • Cert • Rule of Four • Standing • Resources

  14. 10.4 The Court as a policy maker

  15. 10.5 Restraints on the Court • Checks & Balances • Appointment and confirmation • Appellate Jurisdiction • No enforcement powers

  16. 10.6 Politics & the Court • Is the Court Immune from Politics? • Roosevelt’s court packing scheme(start @ 15:00)

  17. 10.6 Politics & the CourtIdeology

  18. 10.6 Politics & the Court Bush v. Gore

  19. 10.6 CASE STUDYPolitics of Appointment • Original Intent

  20. 10.6 CASE STUDYPolitics of Appointment • “Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters., rogue police could break down citizen’s doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of Government.” • Senator Edward Kennedy

  21. 10.6 CASE STUDYPolitics of Appointment Alito Confirmation Hearing

  22. 10.6 CASE STUDYPolitics of Appointment

  23. 10.7 The Court & Public Opinion

  24. 10.7 The Court & Public Opinion

  25. 10.7 The Court & Public Opinion • What is the role of the courts in our democracy?

  26. Case Study Military commissions

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