Sections 1 & 2 of the Judicial Branch
Transcript of Sections 1 & 2 of the Judicial Branch
![Page 1: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/1.jpg)
The Federal JudiciaryThe Federal Judiciary
![Page 2: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/2.jpg)
“A more imposing judicial power was never constituted by any people” -de Tocqueville
“The Supreme Court serves as the ultimate interpreter and protector of our most fundamental right - the rights set forth in the Constitution.” - Trachtman
![Page 3: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/3.jpg)
Section 1: Background of the Judicial Branch
Article III
Dual System:
Federal Courts and State courts work concurrently
![Page 4: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/4.jpg)
The Justices
Chief Justice John Roberts (W. Bush, conservative)
Alito (W.Bush, conservative)
Scalia (Reagan, conservative)
Breyer (Clinton, liberal)
![Page 5: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/5.jpg)
Kennedy (Regan, swing)
Souter (H.W.Bush, liberal)
Thomas (H.W.Bush, conservative)
Ginsburg (Clinton, liberal)
Stevens (Ford, Liberal)
![Page 6: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/6.jpg)
Justices are appointed for LIFE.
Why?
To keep them out outside the political process
They must go through a confirmation process by the Senate
![Page 7: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/7.jpg)
The only way to remove them is to
Impeach
Retire
Die
![Page 8: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/8.jpg)
Marbury v Madison
Marbury and others were appointed to posts created in the last days of Adams presidency.
As Secretary of State Madison did not fill them on Jefferson’s orders
Question: Are they entitled to their commission?
![Page 9: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/9.jpg)
Normally this case wouldn’t reach the Supreme Court, but the Judiciary Act of 1789 allowed suits like this to bypass the lower courts
Marshall felt that the Judiciary Act violated the Constitution, felt that Congress had overstepped its authority. Marbury was not entitled to the commission because it was an unconstitutional law
![Page 10: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/10.jpg)
Supreme Court can review acts of Congress and can invalidate those that conflict with the Constitution
Judicial Review and the Constitution became the SUpreme Law of the Land
![Page 11: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/11.jpg)
Judicial branch became and equal partner in the 3 branched government
![Page 12: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/12.jpg)
TO WRITE:
If Marshall had sided with Marbury it would be ignored by Jefferson, if he denied Marbury it would look like the court was a pawn of the President. The way he figured it out he had dodged the confrontation and established the rights of the Court to void a law
Its GENIUS!!!
![Page 13: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/13.jpg)
Judicial Review
The right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the constitution
![Page 14: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/14.jpg)
Fletcher v Peck (1810) -
The first case in which the Court overturned a state law on constitutional grounds
This established the Court’s right to use judicial review on state laws
![Page 15: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/15.jpg)
McCulloch v Maryland 1819
Said that judges in each state are bound by the Supreme Law of the Land
![Page 16: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/16.jpg)
2 approaches to judicial interpretation
Strict Constructionists -
the view that judges should decide cases strictly on the basis of the language of the laws of the Constitution
![Page 17: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/17.jpg)
Activist Approach -
Judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances
![Page 18: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/18.jpg)
Judges can be political and still believe the language of the COnstitution binds them, it does not work in a liberal-conservative sense like you might imagine.
Seventy years ago judicial activists tended to be conservative and strict constructionists tended to be liberal, today the opposite is true
![Page 19: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/19.jpg)
Party background - makes a difference on how they will behave
a. judges who are Democrats are more likely to make liberal decisions and Republican judges are more likely to make conservative ones
why?
Section 2: How do we select judges?
![Page 20: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/20.jpg)
b. Presidents often make the mistake that they will know how their appointment will behave
c. example: Souter-Liberal by Bush, Kennedy - swing vote but Reagan
![Page 21: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/21.jpg)
Senatorial Courtesy
gives heavy weight to the preferences of the Senators from the state where a federal district judge is to serve
a. Usually Senate will not confirm a district judge if the senior senator from that state where the district tis located objects (if in the Pres’ party)
![Page 22: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/22.jpg)
Litmus Test
Presidents getting the DOJ to find candidates that are not only supported by their party’s senators but also reflect the judicial and political philosophy of the President
![Page 23: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/23.jpg)
Senate Hearings
Try to pin down their views on things
Rehnquist - a ok
Bork - defeated by liberals because of pro-life policy
![Page 24: Sections 1 & 2 of the Judicial Branch](https://reader031.fdocuments.us/reader031/viewer/2022020217/554d6badb4c90578428b5393/html5/thumbnails/24.jpg)
Senate has rejected only 29 out of 145 Supreme Court nominees presented to it