Unit V

The Judicial Branch

Essential Questions1. Why is the Federal Judiciary set up the

way that it is?2. How has/does the Judicial Branch

affect(ed) American society?3. What does it mean that we enjoy

“relative” rather than “absolute” rights?

Outline1) Judicial Review2) Structure3) The Supreme Court

A) ProcessB) Landmark CasesC) Freedom of Speech

4) Putting it all together

Found In:Article III in the ConstitutionChapters 18-21 in your textbook

Discussion Question“WE ARE A NATION OF LAWS”

What are the implications of this statement? What does this mean?

The Judicial Branch

Article IIISection 1.

The Judicial Power of the United States,shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

The Constitution creates only the Supreme Court of the United States. It gives the Congress the power to establish other lower, federal courts.

Article IIIThe Judges, both of the supreme and

inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Comprehension, which shall not be diminished during their Continuance in Office.

“…during good Behavior” a.k.a. life

Role of the courts in American Role of the courts in American governmentgovernmentMake policyCan undo work of representative

institutionsJudicial Activism or Judicial Restraint?Constitutional advocates?Bush v. GoreCitizens United v. FEC

Power on federal courtsPower on federal courtsU.S. Constitution

Articles I-VIIAmendments 1-10 aka Bill of RightsAmendments 11-27

Marbury v. MadisonJudicial reviewChecks and Balances

Defendant Arrested

Trial Court

Guilty Not Guilty

can appeal to

Court of Appeals

Reverse Conviction

UpholdConviction

Defendant Free

can appeal to

MinnesotaSupreme Court

Reverse ConvictionDefendant Free

UpholdConviction

DefendantFree

Dual Court SystemStatesFederal

Judicial review of state lawsJudicial review of state laws

Minnesota Court System

Federal system94 District Courts: Criminal and Civil cases13 Appeals Courts AppellateJustices – Life terms (“Good behavior”)1 Supreme Court

Judicial Review Marbury v. Madison

SCOTUS

U.S. Supreme CourtU.S. Supreme Court

Supreme Court of the United StatesUltimate court of appeals in the U.S.Does not deal with guilt or innocence

U.S. Supreme CourtCases appealed from federal and state

systemControl of docket (5k-7k hear 100-150)Session (October - June)Justices - 9 (life, appointed by president,

confirmed by senate)

Supreme Court (continued)Supreme Court (continued)Control over docket (rule of four)Solicitor generalAmicus curiae briefGrant reviewOral argumentsConferenceJudgmentChief Justice

SessionCases are heard with all the Justices sitting

together in open court.Majority, Concurring, and Dissenting

Opinions

U.S. Supreme Court 2012-13

John G. Roberts, Jr.Chief Justice

First among equalsGets to decide

who write the majority opinion

Nominated by George W Bush

Reagan’s Nominees

Antonin Scalia Anthony Kennedy

HW Bush’s Nominees

Clarence Thomas

Clinton’s Nominees

Ruth Bader Ginsberg Stephen Breyer

W Bush’s Nominees

Samuel Alito

Obama’s Nominees

Sonia Sotomayer Elena Kagan

Justices of the Supreme CourtJustices of the Supreme CourtNine Justices led by a Chief Justice of the

Supreme Court. His/her main duty is administrational and ceremonial. For example?

Nomination and confirmation can sometimes become very “political”

Conservative, Moderate, LiberalRepublican to Republican appointeesDemocrat to Democrat appointeesAlmost always…Why?

U.S. Supreme Court 2012

The Roberts Court, 2012Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

Unit V

The Judicial Branch