THE JUDICIAL BRANCH Judicial Branch 3 rd Article
THE JUDICIAL BRANCH
Judicial Branch – 3 rd Article • Only six paragraphs in the Constitution • Only creates the Supreme Court • Congress can create the rest (“inferior” courts)
Judicial Branch • They’re called justices, not judges • They’re given life terms. Why? • It makes them impartial and fair • They don’t have to worry about offending anyone and losing reelection
Jurisdiction of Federal Courts • What does jurisdiction mean? • The area where someone holds power • They can only hear cases where they have jurisdiction (police) • Two systems of courts in US • Federal – addresses US Constitution and laws • State – addresses state constitutions and laws • Dual court system
Federal Courts • Address cases that involve… • US laws • Treaties • US Constitution • Laws of the seas • Bankruptcy – What is it?
Federal Courts: Then and Now • 1800 • When Washington, DC was created, they didn’t even build a place for the Supreme Court to meet • Stuck in the basement until the Civil War • Originally started with six members • Since 1869, there have been nine justices
Supreme Court • Originally, they didn’t have much to do. • Justices would work on lower courts until they received a case for the Supreme Court • Supreme Court rulings cannot be overturned except by Constitutional Amendment or by the Court itself
The Current Supreme Court • Nine members • Appointed for life, by the president • Can only be removed if they are impeached and convicted
Chief Justice • John Roberts • Appointed by George W. Bush • Votes last in rulings • Assigns opinions or dissents
Chief Justice and Associate Justices • John Roberts • Antonin Scalia • Anthony Kennedy • Clarence Thomas • Ruth Bader Ginsburg • Stephen Breyer • Samuel Alito • Sonia Sotomayor • Elena Kagan - GW Bush Reagan GHW Bush Clinton GW Bush Obama (conservative) (swing vote) (conservative) (liberal)
Judicial Activism • What does it mean? • When people claim that the courts are getting involved in political issues • Judicial activism is based on personal opinion
Privacy • The Supreme Court is very private • No video or cameras are allowed in the courtroom • Justices value their anonymity
Major Supreme Court Cases • Marbury v. Madison, 1803 “A law repugnant to the Constitution is void. ” • 1 st time law was called unconstitutional
Major Supreme Court Cases • Gibbons v. Ogden, 1824 • When a federal and state law are in conflict, the federal law is supreme • State and federal laws regulating the steamboat industry • Gibbons had a federal permit. Ogden had a state permit • Court voted in favor of Gibbons
Major Supreme Court Cases • Dred Scott v. Sanford, 1857 “The Constitution does not consider slaves to be US citizens. Rather, they are constitutionally protected property of their masters. ” • Dred Scott had moved to Illinois (free state), then Missouri (slave state) • Sued for freedom under Missouri’s “once free, always free” law
Major Supreme Court Cases • Plessy v. Ferguson, 1896 • Separate but equal is okay • Affected schools, public areas, etc. • The Constitution is colorblind, and neither knows nor tolerates classes among citizens. ” • Justice John Harlan – lone dissenter
Major Supreme Court Cases • Brown v. Board of Education, 1954 • “In the field of public education, the doctrine of ‘separate but equal’ has no place. ” • Unanimous decision • Reversed Plessy v. Ferguson • Eliminated “separate but equal” in public schools
Major Supreme Court Cases • Mapp v. Ohio, 1961 • Requires search warrants • “I know it when I see it. ” • Justice Potter Stewart’s definition of obscenity
Major Supreme Court Cases • Gideon v. Wainwright, 1963 • Defendants in criminal cases have an absolute right to counsel • Public defenders • Applies to any case where the penalty is six months or longer in prison
Major Supreme Court Cases • Miranda v. Arizona, 1966 • “You have the right to remain silent…” • Man confessed to kidnapping and raping a woman, but conviction was overturned since he was not informed of his 5 th Amendment right against self-incrimination
Major Supreme Court Cases • Roe v. Wade, 1973 • “Constitutionally implied right to privacy…” • Considered to be the court’s most controversial • Some hold the opinion that it is an example of judicial activism
Review • What is the name of the highest court in the US? • Supreme Court • How many members serve on it? • Nine • Why are they given life terms? • So they can remain fair and not have to worry about trying to get reelected
Review • What are the two ways that Supreme Court rulings can be reversed? • Constitutional Amendment • If the Court reversed itself What was the name of the first case where the Court declared an act of Congress unconstitutional? • • Marbury v. Madison
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