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Judicial Branch

Judicial Branch. Article 3 of the Constitution. Judicial power. The Constitution states that Judicial power is the United States is held in the Supreme Court and lower courts established by congress. Federal District Courts. Trial courts for the US government

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Judicial Branch

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  1. Judicial Branch Article 3 of the Constitution

  2. Judicial power • The Constitution states that Judicial power is the United States is held in the Supreme Court and lower courts established by congress.

  3. Federal District Courts • Trial courts for the US government • These courts determine guilt or innocence.

  4. Federal Courts of Appeal (Circuit Courts) • Hear appeals on rules of laws and Constitutional rights • Do not determine guilt or innocence

  5. US Circuit Courts

  6. United States Supreme Court

  7. US Supreme Court

  8. What does the Supreme Court do? • Protect the Constitution • Interpret the Constitution

  9. How does the Supreme Court Protect the constitution?

  10. Judicial Review • Power of the Supreme Court to declare a law or action unconstitutional and thus void.

  11. Lets say that we have a school constitution that states… • The principal of the school has the power to permanently remove a student from class for rule violations. • Students have the right to speak appropriately in school

  12. How does the Supreme Court interpret the Constitution?

  13. “Students have the right to speak appropriately in school” • “I hate this class.” • “This class sucks.” • “The hell with this class” • “Damn this class” • “F this class”

  14. Precedents • A court decision that sets a standard for future similar cases. • The basis of our court system

  15. “Students may not eat in class”

  16. “Students may not eat in class”

  17. “Students may not eat in class”

  18. “Students may not eat in class”

  19. “Students may not eat in class”

  20. “Students may not eat in class”

  21. Supreme Court Justices • 9 of them (since 1869) • Serve for life • Can be impeached for treason, bribery, high crimes and misdemeanors. • Appointed by the President and approved with a majority vote of the Senate

  22. Supreme Court Justices

  23. John RobertsAppointed 2005(Bush)Chief Justice(conservative)

  24. Antonin Scalia 1982(Reagan)very Conservative

  25. Anthony Kennedy 1988(Reagan)Centrist

  26. Clarence Thomas1991(Bush Sr.)very Conservative

  27. Ruth Bader Ginsburg1993(Clinton)liberal

  28. Stephen Breyer1994(Clinton)leans liberal

  29. Samuel Alito2006 (Bush)Likely conservative

  30. Sonia Sotomayor 2009 (Obama)

  31. Elena Kagen 2010 (Obama)

  32. Conservative leaning judges

  33. Likely Liberal leaning judges after 2010

  34. Swing Judge (Kennedy)

  35. Choosing a case • They get thousands of requests to hears cases each year. • They only hear 100-150 each term • Rule of 4 (Writ of Certiorari) • 3 minute video

  36. Hearing and deciding a case • Hear two cases a day (Monday –Wednesday) from October – June • Each case typically lasts 1 hour • Each side presents their case • Eventually the justices will get together and vote on the case. • Whatever decision has support from a majority of justices win. • Will announce their decision a few months after the case is hear.

  37. Opinions • Majority • Dissenting • Concurring

  38. Articles of Confederation (1781-1787) • The Constitution (1787- Present) • The Amendments • 27 of them over the history of the United States • Bill of Rights • The first ten amendment passed in 1791 • They are designed to protect us from our government

  39. “Majority rule only works if you also have individual rights. You can’t have five wolves and a sheep voting on what is for supper.”Larry Flynt

  40. Amendment I (1791) • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

  41. Freedom of Religion • What is freedom of Religion to you? • Does freedom of religion mean that everyone can worship freely? • Does it mean we are free to not believe and participate in religion? • Does it mean that all can worship however they want?

  42. Religious liberty in early America • New England colonies made the Puritan church and Southern colonies the Anglican church their established churches. • Taxpayers money went to those churches • Colonists were forced to go to church on Sundays and could be whipped for failing to know religious doctrines

  43. In New England Quakers were executed for their faith. • Four colonies did not create established churches. (Delaware, New Jersey, Pennsylvania, and Rhode Island). • After the Revolutionary War American’s were calling for religious freedoms.

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