The United States Court System

1. The United States Court System Understanding Judicial Review CE.8a-b

2. Brainteaser Congress passes a law that says all citizens who were not born in this country must return to their country of birth within one month. The president signs the law and says he will have the armed forces help to enforce the law… Can you, a citizen of the US, do anything about this? If so, what? CE.8a-b

3. Virginia Supreme Court Court of Appeals appeals here Circuit Courts appeal here District Courts appeal here Juvy and Domestic District Court Magistrates CE.8a-b

4. The judicial function is exercised in a dual court system… CE.8a-b

5. …which consists of state and federal courts CE.8a-b

6. The United States Court Structure has a separate court system… CE.8a-b

7. …whose organization and jurisdiction come from the federal Constitution and federal laws CE.8a-b

8. The United States Court System is set up like a pyramid CE.8a-b

9. SUPREME COURT Court of Appeals District Courts CE.8a-b

10. The Constitution of the U.S. is the supreme law of the land US Constitution Virginia Constitution CE.8a-b

11. State laws must conform to the Virginia and U.S. Constitutions CE.8a-b

12. Judicial Review! The historic Supreme Court Case of Marbury v. Madison established the principle of judicial review at the national level CE.8a-b

13. Marbury v. Madison Hello 7th Graders… I’m Mr. Rogers! I’m going to use the next few slides t o give you a background to the idea of Judicial Review… Are you ready? Ok… I do not really Care… CE.8a-b

14. Marbury v. Madison John Adams was the 2nd President of the United States… He had the power, like you’ve already learned, to make appointments. Sadly for John Adams, he lost the 1802 Presidential Election to… Thomas Jefferson! CE.8a-b

15. Marbury v. Madison John Adams decided that he would get Jefferson and the and the Anti-Federalist back by quickly filling up appointments with his friends… Unfortunately, Adams’ Secretary of State did not deliver all of the appointments on time! CE.8a-b

16. Marbury v. Madison Adams’ Secretary of State assumed that Thomas Jefferson would deliver the appointments… but he was wrong! Jefferson told his new Secretary of State, James Madison, not to deliver the papers because it would stop Adams’ friends from taking office. CE.8a-b

17. Marbury v. Madison Wow! This is kind of turning into a who’s friends are more important game… So we know who Madison is, but who is this Marbury guy? CE.8a-b

18. Marbury v. Madison • William Marbury was one of those guys Adams forgot to deliver an appointment to • Marbury was denied his appointment, and chose to sue James Madison for not giving him his job appointment CE.8a-b

19. Marbury v. Madison CE.8a-b

20. Marbury v. Madison So, Marbury wanted the Supreme Court to force Madison to appoint him to his position, but Jefferson told Madison that he did not have to. Wonder what the Supreme Court will decide? CE.8a-b

21. Marbury v. Madison • The Supreme Court ruled that it did not have the power to force Madison to appoint Marbury • The Supreme Court struck down the Judiciary Act of 1789 • The Supreme Court also ruled that when a law written by the legislative branch conflicts with the Constitution, that law is “null and void” CE.8a-b

22. Marbury v. Madison Judicial Review- The power given to the Supreme Court which allows them to strike down laws by the legislative branch, and acts by the executive branch as unconstitutional CE.8a-b

23. Judicial Review! CE.8a-b