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AP US Government Judicial Branch. The creation of judicial review. Election of 1800: the Federalists lost both the Presidency and control of the Congress. In their final months of Congressional control, The Federalists passed the Judiciary Act of 1801,
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The creation of judicial review • Election of 1800: the Federalists lost both the Presidency and control of the Congress. • In their final months of Congressional control, The Federalists passed the Judiciary Act of 1801, • This Judiciary Act created 6 circuit courts and 16 new judgeships, along with a number of other judicial appointments. • William Marbury was appointed to a judgeship as a justice of the peace for the District of Columbia. • His papers of appointment, however, was never delivered. When Jefferson became President, he instructed Secretary of State Madison not to deliver the these documents. • Marbury sued. • The Supreme Court faced a dilemma. I • f it ruled in favor of Marbury, it would no doubt be defied by the administration. • If it ruled against Marbury, however, it would be admitting that the Court had no power. • Marshall found the political middle. He ruled against Marbury on a technicality. On the other hand, he ruled that the judiciary had the right and responsibility to decide what was and what was not constitutional.
So what… Marbury v Madison set a precedent: even though Marbury lost this battle, the case gave the Supreme Court the power to decide what is and is not Constitutional.
The judicial branch and the Constitution Initially, the Bill of Rights was only to be applied to Federal cases. Post civil war, however, the 13th, 14th and 15th Amendments were written to protect the interests of all citizens. All states must adhere to (follow), the 14th Amendment, which requires due process and equal protection to all citizens.
The judicial branch and the Constitution…cnt’d • Throughout the history of the judicial branch, various court cases have actually ruled that due to the 14th amendment, states must also adhere to other amendments. • This is known as the Incorporation Doctrine. • Example: A citizen is suing a state for forcing him to stop printing his extreme left-wing internet magazine. • The state must allow the citizen to continue publishing because, according to the 14th Amendment, all citizens must receive equal protection under the law. • This citizen’s 1st Amendment right (freedom of press) must therefore be protected.
Rights in the Bill of Rights that have been “Incorporated” through the 14th Amendment
Federal Judicial Terms: How long do they serve? • Both Federal Judges and Supreme Court judges serve life terms • In other words, they hold their seat as Judge until they step down, or pass away • Therefore, their initial selection is very important, and very political
Judicial Selection • Ideally, the Supreme Court will consist of a balance of conservative and liberal judges • Liberal judges will aim for stronger use of laws, with the goal of flexibility and equality • They believe that the constitution can be interpreted broadly, and adapted to meet the needs of modern times • Conservative judges prefer limited court control, and prefer liberty, and relinquishing most court issues to the state courts • Presidents rely on the recommendations of advisors and members of congress to fill vacancies w/in the courts. • Once nominees are submitted, the Senate Judiciary Committee plays a large role in selection.
The Supreme Court’s Work • 99% of Supreme Court Cases are remanded • This means that they original decision is upheld (supported) • The chief justice acts as a guide/chairperson but his vote holds no more weight than that of another judge. • Arguments/debates within the court are considered private • Lawyers are very limited in what they may present to the judge.
Supreme Court Decisions • Once the court has reached a majority of 5 to 9 justices, they will share their decision with the legal community, and explain what it means for future decisions: • Majority Opinion: Discusses how the case at hand influences the interpretation of the Constitution. • Minority Opinion: Discusses the opinion of those who do not agree with the ruling. • Concurrent Opinion: Those who voted with the Majority, but do not agree with the Majority Opinion, may publish their opinion as to how the ruling should affect the interpretation of the Constitution.
What types of cases does the supreme court hear? Cases as laid out by the Article 3 of the Constitution Federal laws that are declared unconstitutional by a state court will be heard by the Supreme Court Appeals granted by state Supreme Courts will be heard by the federal Supreme Court State laws that are declared unconstitutional by a lower federal court will be heard by the Supreme Court Cases granted an appeal by the Supreme Court from lower federal courts If any 4 of the judges wants to hear the case, the entire court will hear it
Why does the Supreme Court matter? The Supreme Court has been instrumental in the development of Civil Rights and Civil Liberties in the United States. Have guaranteed the rights of citizens independent of their skin color, race, age, gender, political or religious beliefs, sexual preference, weight, height, disability…. And the list goes on. This list will never remain stagnant…the changes we experience in our lifetime have the potential to be life altering for many.
