Lesson 7: Judicial Branch

GLE: 16--Evaluate a specific law or

court ruling on given criteria (C-1A-H5)

Judicial Branch Dual Court System

Federal Court System States Court System

Every court can only “hear” certain types of cases

Factors determining Jurisdiction Subject Matter Parties Involved

Federal Courts Jurisdiction – right to hear a case Judicial Review – power of the

courts to review acts of Congress for Constitutionality

Grand Jury – hears charges against person suspected of a crime

Indictment – formal accusation charging person with crime (by the grand jury)

Federal Judges President appoints Federal

Judges Senate must confirm

appointments Judges serve for life

The Court System

State vs. Federal Courts

State Court SystemHears MOST legal disputesBoth criminal & civil cases

Criminal: juries decide if crime committed

Civil: one party (person, gov’t, or business) sues another

Federal Court JurisdictionCases that deal with…1. Const’l issues (ex., 1st amend)

2. federal laws (tax evasion, kidnapping, bank robbery)

3. admiralty and maritime laws (seas)

4. US gov’t is involved5. between states6. foreign gov’ts & ambassadors

District CourtsLowest level; 90% of workOriginal jurisdiction: authority to hear cases for the 1st time

Only level with jury trialsMust be tried in state where crime committed

Jurisdiction is based on population

Judges serve for life (federal)

Appeals Courts (Appellate Courts)

Hear cases on appeal from lower district courts; Judges serve life (fed)

Don’t decide guilt or innocence; rule on whether defendant’s rights were protected and on whether received fair trial

Either uphold lower court’s ruling; overturn lower court’s ruling or remand (return it for new trial)

Activity 12: Judicial Branch Current Events Journal

(GLE:16)

Activity 13: What Planet Are You On? (GLE: 16)

Closure

Review Daily Objectives

Lesson 8: The Supreme

Court 16--Evaluate a specific law or

court ruling on given criteria (C-1A-H5)

Section Focus Transparency 11-1 (1 of 2)

Section Focus Transparency 11-1 (2 of 2)

1. None of the states could claim jurisdiction or power over other states.

2. Federal courts; because both parties in the case are not citizens of a single state.

3. Answers will vary but should demonstrate thoughtful reasoning.

Supreme Court “Court of last resort in all

questions of federal law”

9 Supreme Court JusticesChief Justice8 associate justices

Supreme Court Highest court in US Has original jurisdiction

Cases that involve diplomats from foreign countries

Cases in which a state is involved Has appellate jurisdiction in all other

cases Judicial review: court can review any

fed or state law to see if it is in agreement with Const (can declare laws unconst’l)

Supreme Court Justices

8 associate justices & 1 chief justice; Serve for life

Const no qualifications but most lawyers, judges, law professors

Appt by Pres & approve by Senate

Most justices share pol beliefs of Pres (way for Pres to influence for years after)

John Paul Stevens

Appointed in 1975 by President Ford

WWII veteran Most senior

associate justice Lawyer & federal

judge (appted by Nixon)

Sandra Day O’Connor

•Appointed by President Reagan in 1981; first woman

•Announced retirement effective with confirmation of her successor (Samuel Alito)

•Lawyer & federal judge

Antonin Scalia Appointed in 1986 by

President Reagan VERY conservative Law professor & federal judge

Anthony Kennedy

Appointed in 1988 by President Reagan

Nominated after two earlier nominations failed (Robert Bork too conservative & might have overturned Roe v. Wade)

Lawyer & federal judge

David Souter Nominated in 1990 by

George H.W. Bush Federal judge; state

supreme court judge Enjoys mountain

climbing Attended public

schools & later attended Harvard & Oxford

Clarence Thomas Nominated in

1991 by President George H.W. Bush

Problems during confirmation when accused on sexual harassment

Originally studied to become priest

Federal judge

Ruth Bader Ginsberg

Nominated by President Clinton in 1993

Former federal judge and law professor

Controversial for being liberal

Second woman on Supreme Court

Stephen Breyer Nominated by

President Clinton in 1994

Federal judge and law professor

Public high schools, Stanford & Harvard Law Review

John Roberts, Jr.

Nominated by President George W. Bush in 2005

Chief justice of the Supreme Court

Worked as a law clerk for the former chief justice, William Rehnquist (recently died)

Samuel Alito Nominated in

2005 by President George W. Bush to replace Sandra Day O’Connor

Replaced nomination of Harriet Miers

Federal judge In the middle of

confirmation hearings

How Cases Reach the CourtWrit of Certiorari Main route to the Supreme Court An order from the Court to the

lower court to send the records on a case for reviews.

On Appeal Cases that a lower court has ruled

unconstitutional

Supreme Court Decisions and

Opinions 2 weeks justices hear arguments (30 minutes on each side) & then make decisions during 2 week recess

When making decision, each justice gives an opinion & then vote is taken (maj wins)

Need minimum of 6 votes

Landmark Cases

Marbury vs. Madison

Precedent of Judicial Review Established

Plessy v Ferguson

“Separate but equal”

Brown v Board of Education of

TopekaOutlawed segregation in public school

Reversed “separate but equal” doctrine

Roe v Wade Legalized

women’s right to abortion

Activity 14: Analysis of a

Supreme Court Ruling

(GLE: 16)

Activity 15: Supreme

Court Cases Study

(GLE:16) –OPTIONAL

Closure

Review Daily Objectives

Lesson 9: Checks & Balances

GLEs: 9--Analyze or assess issues related to the distribution of

powers at the federal level (e.g., tensions among the three branches of government; roles and responsibilities of the three branches) (C-1A-H3) (Blooms Level: Analysis)

10--Explain the structure and functions of the three branches of the federal government, including regulatory and independent agencies and the court system (C-1A-H4)

11--Cite the roles, duties, qualifications, and terms of office for key elected and appointed officials (C-1A-H4) (Blooms Level: Analysis)

15--Explain the processes and strategies of how a bill becomes a law at the federal and state level (C-1A-H5)

16--Evaluate a specific law or court ruling on given criteria (C-1A-H5)

17--Examine the meaning, implications, or applications of the U.S. Constitution (e.g., the Bill of Rights, the Fourteenth Amendment) (C-1A-H5) (Blooms Level: Evaluation)

1. the judicial branch

2. the president

3. the legislative branch

Checks & Balances

Three Branches

Meets the goals listed in the Preamble

Division of the National Govt. into three parts Legislative—Congress—Makes Laws

Executive—President, Vice President, Cabinet —Enforces Laws

Judicial—Court System, Supreme Court—Interpret Laws (Decides how laws will be applied in different situations)

Power Developed to keep any one of

the three branches from becoming too powerful

Each branch of government is able to check, or limit, the power of others.

Maintains a balance between the branches of government

Executive Branch

President Important Check on the Power of Congress:

Can veto or reject a bill Congress proposes and keep it from becoming a law

Legislative Branch

Congress Check on the President’s Power: Power to override or defeat the President’s veto

To do so requires a vote by two-thirds of the members of both houses of Congress

Judicial Branch Supreme Court

Overrules laws the President & Congress proposes: Supreme Court has the power to decide the meaning of laws and to declare that a law goes against the Constitution

Amending the

Constitution

John Marshall, 1819

“We must never forget that it is…a Constitution intended to endure for

ages to come, and consequently, to be

adapted to the various crises of human affairs.”

The Amendment

Process Amendments proposed at the national level

Ratified on a state-by-state basis

Amendment Process

Proposing Amendments2/3 vote of both houses of Congress

National Convention called by Congress at the request of 2/3 of statesPetition – appeal to

Amendment Process

Ratifying Amendments3/4 of State Legislatures ratify amendment

Each state holds a constitutional Convention and 3/4 ratify amendment

Informal Changes

Congress passes laws to clarify Constitution

Presidents using executive agreementsExecutive Agreement – between heads of state and does not require Senate approval

CustomPolitical Parties

Informal Changes Judicial Review

Judicial Restraint- philosophy that Court should avoid taking initiative on social and political questions

Judicial Activism – philosophy that Court should play role in shaping national policies

First Amendment

Freedom to worship as you prefer

Freedom of Speech and PressPrior Restraint – government censorship of information before it is published or broadcast

Freedom of citizens to demonstrate and criticize the government

Activity 16: Applying

Concepts of Checks and

Balances (GLE: 9)

Activity 17: Analyzing the Three

Branches of Government ( (GLEs: 10,

11)

Activity 18: Examining

the Legislative

Process (GLE: 15)

Activity 19: Amendment Situations (GLE: 17)—OPTIONAL

Closure

Review Daily Objectives

Lesson 10: The Federal

System GLEs: --Explain the distribution of powers, responsibilities, and the limits

of the U.S. federal government (C-1A-H3) (Blooms Level: Analysis) 7--Categorize governmental powers as delegated, reserved,

concurrent, or implied (C-1A-H3) (Blooms Level: Analysis) 8--Identify powers denied to federal or state governments by the

U.S. Constitution (C-1A-H3) (Blooms Level: Analysis) 9--Analyze or assess issues related to the distribution of powers at

the federal level (e.g., tensions among the three branches of government; roles and responsibilities of the three branches) (C-1A-H3) (Blooms Level: Analysis)

10--Explain the structure and functions of the three branches of the federal government, including regulatory and independent agencies and the court system (C-1A-H4) 12--Explain the structure and functions of state, parish, and local governments (C-1A-H4)

13--Discuss the advantages or disadvantages of various types of local government (C-1A-H4)

14--Examine constitutional provisions concerning the relationship between federal and state governments (C-1A-H4) (Blooms Level: Evaluation)

1. as the most important function a Congressional committee can perform

2. Answers will vary but may mention the use of government supplies and equipment and use of paid government time at government facilities.

3. to collect information about the alleged illegal fundraising activities of the DNC.