The JUDICIAL BRANCH The Court System in the
The JUDICIAL BRANCH The Court System in the United States
Creation of a National Judiciary Article III, § 1, of the Constitution provides that "[t]he 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 Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790. Source: http: //www. supremecourt. gov/about/briefoverview. aspx
Federalist No. 78 was written by Alexander Hamilton under the pseudonym Publius. He argued that it would be the weakest branch since it did not have the power of “the sword or the purse. ” “The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity out, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute…”
The Federal Court System
Florida Court System
Judicial Review is the power to interpret laws, to determine their meaning, and to settle disputes within the society. The power of Judicial Review was established by the Supreme Court with Marbury v. Madison. It makes the Supreme Court the final authority on the meaning of the Constitution.
The Supreme Court http: //www. supremecourt. gov/about/briefoverview. aspx
Selection of Federal Judges Senatorial Courtesy and Judicial Appointments: A. Senate Judiciary Committee B. race, party, sex C. ideology D. judicial activism/judicial restraint E. longevity, tenure F. “Litmus” test G. Judicial experience
Courts as Policymakers New Deal Era The Warren Court (1953 – 1969) The Burger Court (1969 – 1986) The Rehnquist and Roberts Courts (1986 – present)
Appeal Procedure Petition of certiorari, request for Supreme Court review (approximately 10, 000 requests) Discuss the list in conference, review denied in 98% of all requests Rule of four puts a case on the docket (approximately 100 cases per year) Preparation of briefs Oral argument Conference Opinion – majority, minority, dissenting, concurring Assignments of opinion – seniority/role of Chief Justice
Landmark Supreme Court Cases Marbury v. Madison* (1803) Mc. Culloch v. Maryland* (1819) Brown v. Topeka Board of Education* (1954) Engle v. Vitale* (1962) Wisconsin v. Yoder* (1972) Gideon v. Wainwright* (1963) Mapp v. Ohio (1961) Miranda v. Arizona (1966) Regents of the University of California v. Bakke (1978) Roe v. Wade* (1973) Tinker v. Des. Moines Independent community School District* (1969) Miller v. California (1973) Obergefell v. Hodges (2015) * Essential Cases for AP Exam
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