Agenda 4/21. notes: judicial branch2. SC justice research activity

AP review THIS SATURDAY 12:30-3:30

Period 1Supreme CourtJudicial review– Marbury v. Madison

Constitutional or nah?Judges for life (unless impeached or

resigned)Interpret the laws

Unit V

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

Dual Court SystemStatesFederal

Judicial review of state lawsJudicial review of state laws

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

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