AP US GovernmentJudicial 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, 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

Privacy Free Speech

Free Press Freedom of Religion

Assembly and petition rights “Association”

Search and seizure Exclusion of evidence

Self incrimination Confront witnesses

Impartial jury Speedy trial

Right to counsel Public trial

Cruel and unusual punishment

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 awayTherefore, 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 timesConservative 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

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

State laws that are declared

unconstitutional by a lower

federal court will be heard by the Supreme Court

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

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.