Unit ThreeThe Judicial Branch

Articles of Confederation 1781-1789

This had no national courts. The states all interpreted laws. US realized they needed a

national ct. Alexander Hamilton said,

– “Laws are dead letters without courts to expound and define their true meaning and operation.”

Branches of Government

Judicial Branch: Article III in the U.S. Constitution

Interprets the laws (through the courts)

What court case establishes Judicial Review?

Types of Cases SC Hear

Cases that deal with the interpretation & application of a part of the Constitution or of any federal statute or treaty.

Cases that arise on the high seas or in navigable waters of the United States.

Appointment of Judges Nominated by the President Confirmed by Senate.

Who do they nominate?– Someone from their political party– Someone who shares their legal and political

ideology

Where do they come from? Leading attorneys, legal scholars, law school

profs., congressional members, & state justices.

Terms & Pay of Judges

Term: appointed for life may be removed only

through the impeachment process.

– Only 13 ever impeached & 7 removed.

Salaries & benefits.– Associate Justices of

Supreme Ct - $173,600.

Chief Justice: $181,400.

– They can retire at 70, if they served 10 years, and receive full salary for ever!

Or at 65, with 15 years of service.

The Supreme Court

Judicial Review The power to decide on the

constitutionality of an act of government. The case of Marbury vs. Madison, (1803)

established this concept.

The Supreme Court has great powers… – As the ultimate authority on constitutionality – As the arbiter of disputes between States and

between States and the Federal Gov’t.

Jurisdiction Jurisdiction is the authority of a ct. to

hear & decide a case; the power “to say the law.”

Original Jurisdiction– A court hears a case for the 1st time at trial

level. Appellate Jurisdiction

– A court that hears a case on appeal from a lower court has this, and can overrule an original.

Supreme Court’s Jurisdiction

Both original & appellate jurisdiction, but most of its cases are appeals.– Can’t initiate action, must wait for

Litigants: People engaged in a lawsuit to come

before them.

Today, the Supreme Court has almost complete control over its own caseload.

Main duties: Making Decisions:

– Decide which case to hear – Decide the case itself– Determine an explanation for the

decision, called the opinion– Protecting civil liberties.

Protector of Civil Liberties

What are civil liberties? Where do they come from?

When learning about various Supreme Court Cases, please think back to what civil liberties are involved?

How do you become a member of the Supreme

Court?

– A. Appointed by the Senate and approved by the House of Representatives

– B. Appointed by the President and approved by the Supreme Court

– C. Appointed by the Senate and approved by the Supreme Court

– D. Appointed by the President and approved by the Senate

ASSIGNMENT Create a organizational chart, hanging diagram,

foldable, etc. that represents the different branches of government.

This must include: • Branches of Government• Article• What branch handles what?• Details about each branch• Must be in the correct order

• Be CREATIVE and try to include as much detail as possible. You can use your book, notes etc. to find more information that pertains to what you need.

• How could you make it more interesting than what is already in books and on display? What would grab your attention? What information would spark more interest?

John Roberts ReplacedNew Chief Justice William Rehnquist

                   

                        

Samuel Alito Replaced

New Justice Sandra Day O’Connor