Judicial BranchJudicial BranchStandard 12.4Standard 12.4

Students analyze the unique roles Students analyze the unique roles and responsibilities of the three and responsibilities of the three branches of government as branches of government as established by the U.S. established by the U.S. ConstitutionConstitution

Standard 12.4.5Standard 12.4.5 Article IIIArticle III

Standard 12.5Standard 12.5 Students summarize landmark Students summarize landmark

U.S. Supreme Court U.S. Supreme Court interpretations of the Constitution interpretations of the Constitution and its amendmentsand its amendments

  

SWBAT: Explain the make up of the Judicial Branch and the U.S. Supreme Court and analyze and interpret historical and current landmark supreme court cases.

 

Judicial BranchJudicial Branch

Warm-up Warm-up

1)1) REVIEW: What is the purpose of our REVIEW: What is the purpose of our court system in the United States of court system in the United States of

America?America?

2)2) Draw a Circle Map and write “Courts” as Draw a Circle Map and write “Courts” as your subject and brainstorm as many your subject and brainstorm as many things that you know about our court things that you know about our court

systemsystem

Main Job of the Judicial Branch:Main Job of the Judicial Branch:

““A constitution is, in fact, and must be regarded by the A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning them to ascertain its meaning, as well as the meaning

of any particular act of proceeding from the of any particular act of proceeding from the legislative body”legislative body”

~Alexander Hamilton – The Federalist ~Alexander Hamilton – The Federalist No. 78No. 78

TO INTERPRET THE U.S. TO INTERPRET THE U.S. CONSTITUTIONCONSTITUTION

How constitutional judges interpret How constitutional judges interpret the U.S. Constitutionthe U.S. Constitution

Strict v. Loose ConstructionistStrict v. Loose Constructionist Activist JudgesActivist Judges

Implied v. Expressed PowersImplied v. Expressed Powers Judicial ReviewJudicial Review FederalismFederalism Conservative v. Liberal v. Moderate Judges Conservative v. Liberal v. Moderate Judges

Swing Vote – O’ConnerSwing Vote – O’Conner

Tree Map!Tree Map!

Draw a tree map titled ‘Constitutional Judges’ Draw a tree map titled ‘Constitutional Judges’ organizing the following into two branches:organizing the following into two branches: Strict Strict Loose ConstructionistLoose Constructionist Implied Implied Expressed PowersExpressed Powers Conservative Conservative LiberalLiberal

How a court can hear a caseHow a court can hear a case

JurisdictionJurisdiction: The power of a court to hear or try : The power of a court to hear or try a case; based on three thingsa case; based on three things

1. Where the crime was committed1. Where the crime was committed

2. What type of crime was committed2. What type of crime was committed

3. Was this the first or subsequent (2+) 3. Was this the first or subsequent (2+) time the case was heardtime the case was heard

JurisdictionJurisdiction

Exclusive v. Concurrent JurisdictionExclusive v. Concurrent Jurisdiction Original v. Appellate Jurisdiction Original v. Appellate Jurisdiction

(Appeal/Appellate)(Appeal/Appellate)

The CourtsThe Courts

The Constitution established the existence of The Constitution established the existence of the Supreme Court, yet Congress is the Supreme Court, yet Congress is responsible for setting up the lower courtsresponsible for setting up the lower courts

There are higher and lower courtsThere are higher and lower courts Every case: Plaintiff v. Defendant Every case: Plaintiff v. Defendant

““complaintiff” v. the person defending him/herselfcomplaintiff” v. the person defending him/herself

Lower CourtsLower Courts

The Lowest Courts are city, county and state courtsThe Lowest Courts are city, county and state courts

Highest State CourtsHighest State Courts Each state creates their Each state creates their

own court systemsown court systems Each state has their own Each state has their own

Supreme CourtSupreme Court

Highest Lower Federal CourtsHighest Lower Federal Courts District CourtsDistrict Courts Circuit CourtsCircuit Courts

Lower Federal CourtsLower Federal Courts

District CourtsDistrict Courts These are the main Federal These are the main Federal

Courts – one per districtCourts – one per district From here can go to Court From here can go to Court

of Appeals or to Supreme of Appeals or to Supreme Court – have both Court – have both originaloriginal & & appellate jurisdictionappellate jurisdiction

91 in U.S. (89 Districts + 91 in U.S. (89 Districts + D.C. + Puerto Rico)D.C. + Puerto Rico)

Court of AppealsCourt of Appeals Created as “gatekeepers” to Created as “gatekeepers” to

relieve Supreme Court of relieve Supreme Court of hearing appeals from hearing appeals from District CourtsDistrict Courts

Only have Only have appellate appellate jurisdictionjurisdiction; hear cases ; hear cases from lower federal courtsfrom lower federal courts

12 in U.S. (11 Judicial 12 in U.S. (11 Judicial Circuits + D.C.)Circuits + D.C.)

Writ of CertiorariWrit of Certiorari

Currently means an order by a higher court Currently means an order by a higher court directing a lower court, tribunal, or public directing a lower court, tribunal, or public authority to send the record in a given case for authority to send the record in a given case for reviewreview

Supreme CourtSupreme Court

~~Original v. Appellate JurisdictionOriginal v. Appellate Jurisdiction~~

OriginalOriginal

Subject Matter:Subject Matter: Must Must interpretinterpret some some

aspect of the aspect of the ConstitutionConstitution

Matter of the high seas; Matter of the high seas; question of maritime question of maritime lawlaw

U.S. officer or agencyU.S. officer or agency Ambassador, Consul, etc.Ambassador, Consul, etc. State suing another state, citizen of State suing another state, citizen of

another state or foreign another state or foreign governmentgovernment

Citizen of one state sues a citizen Citizen of one state sues a citizen from another statefrom another state

American citizen sues a foreign American citizen sues a foreign governmentgovernment

Citizens of the same state claiming Citizens of the same state claiming same land in another statesame land in another state

Supreme CourtSupreme Court

~~Original v. Appellate JurisdictionOriginal v. Appellate Jurisdiction~~

AppellateAppellate 90% of cases that go to the Supreme Court go there 90% of cases that go to the Supreme Court go there

on appealon appeal Most cases deal with Most cases deal with civil libertiescivil liberties Any cases involving subject matter or parties that Any cases involving subject matter or parties that

were heard in the lower federal courts that were were heard in the lower federal courts that were deemed important enough to be tried in the Supreme deemed important enough to be tried in the Supreme CourtCourt

All cases at the Supreme Court level deal with All cases at the Supreme Court level deal with interpreting an important aspect of the Constitution.interpreting an important aspect of the Constitution.

Civil LibertiesCivil Liberties

are are freedomsfreedoms that protect the that protect the individualindividual from from the government. Civil liberties set limits for the government. Civil liberties set limits for government so that it cannot abuse its power government so that it cannot abuse its power and interfere with the lives of its citizens.and interfere with the lives of its citizens.

Common civil liberties include the rights of Common civil liberties include the rights of people freedom of religion, and freedom of people freedom of religion, and freedom of speech, and additionally, the right to due speech, and additionally, the right to due process, to a fair trial, to own property, and to process, to a fair trial, to own property, and to privacy.privacy.

U.S. Patriot ActU.S. Patriot Act

Just 45 days after the September 11 attacks, with Just 45 days after the September 11 attacks, with virtually no debate, Congress passed the USA virtually no debate, Congress passed the USA PATRIOT Act. There are significant flaws in the PATRIOT Act. There are significant flaws in the Patriot Act, flaws that threaten your fundamental Patriot Act, flaws that threaten your fundamental freedoms by giving the government the power to freedoms by giving the government the power to access to your medical records, tax records, access to your medical records, tax records, information about the books you buy or borrow information about the books you buy or borrow without probable cause, and the power to break into without probable cause, and the power to break into your home and conduct secret searches without your home and conduct secret searches without telling you for weeks, months, or indefinitely. telling you for weeks, months, or indefinitely.

OOPS! You’re Arrested!!OOPS! You’re Arrested!! Imagine that you are accused of saying something at Imagine that you are accused of saying something at

school that the administration felt was inappropriate. school that the administration felt was inappropriate. You feel as though it is within your 1 You feel as though it is within your 1stst Amendment Amendment rights to say what you did. You are found guilty in rights to say what you did. You are found guilty in the first court you go to. You strongly feel that your the first court you go to. You strongly feel that your constitutional rights were violated and you want to constitutional rights were violated and you want to appeal your case.appeal your case.

Create a Flow Map starting with the lowest (first) Create a Flow Map starting with the lowest (first) court you would be tried in and end with the highest court you would be tried in and end with the highest court you would appear in.court you would appear in.

Create your Frame of Reference: Are you the Create your Frame of Reference: Are you the Plaintiff or the Defendant?Plaintiff or the Defendant?

Circle Map!Circle Map!

Draw the circle map below and Draw the circle map below and write & drawwrite & draw as many things you can about the Supreme as many things you can about the Supreme Court in the next 3 minutes…GO!Court in the next 3 minutes…GO!

Supreme Court

Supreme CourtSupreme Court Equal with the President (Executive) & Congress (Legislative)Equal with the President (Executive) & Congress (Legislative) This is the court of last resort in all questions of This is the court of last resort in all questions of federalfederal (not state) (not state)

law law 5000-6000 cases appealed to the Supreme Court each year but only 5000-6000 cases appealed to the Supreme Court each year but only

deals with a few hundred a yeardeals with a few hundred a year ““Rule of Four”Rule of Four” Some cases are returned to lower courtsSome cases are returned to lower courts Only hears and tries about less than 100/yearOnly hears and tries about less than 100/year Lawyers write “briefs” for the Justices to read & Justices write their decision Lawyers write “briefs” for the Justices to read & Justices write their decision

in what is called an “opinion”in what is called an “opinion” Judicial ReviewJudicial Review was determined in 1803 in was determined in 1803 in Marbury v. MadisonMarbury v. Madison

= duty of Court to overturn unconstitutional legislation (laws); it is the = duty of Court to overturn unconstitutional legislation (laws); it is the right/responsibility of the Court to declare acts of government right/responsibility of the Court to declare acts of government unconstitutional – truly made the Judicial Branch equal in power to the unconstitutional – truly made the Judicial Branch equal in power to the Executive & LegislativeExecutive & Legislative

Prosecute GW Bush??Prosecute GW Bush??

NPR.org: NPR.org: http://www.npr.org/templates/story/story.php?storyId=99253486http://www.npr.org/templates/story/story.php?storyId=99253486

Obama Unlikely :Obama Unlikely :http://www.google.com/hostednews/afp/article/ALeqM5ggjM9tsI5GBwSIIQw5TVRon0UoTghttp://www.google.com/hostednews/afp/article/ALeqM5ggjM9tsI5GBwSIIQw5TVRon0UoTg

Make-up of Supreme CourtMake-up of Supreme Court

Made up of 1 Chief Justice & 8 Associate Justices (9 total)Made up of 1 Chief Justice & 8 Associate Justices (9 total) Justices are appointed by the President but must be Justices are appointed by the President but must be

confirmed by a majority of the Senate (51)confirmed by a majority of the Senate (51) Conservative (generally Republican) presidents appoint Conservative (generally Republican) presidents appoint

conservative justices & Liberal (generally Democratic) conservative justices & Liberal (generally Democratic) presidents appoint liberal justicespresidents appoint liberal justices

A Supreme Court Justice appointment is one of the most A Supreme Court Justice appointment is one of the most important things a president can do during his term in important things a president can do during his term in office because once confirmed by the Senate they serve office because once confirmed by the Senate they serve for life & the decisions they make often strongly affect the for life & the decisions they make often strongly affect the daily lives of many citizens (i.e. Richard Nixon – would daily lives of many citizens (i.e. Richard Nixon – would he most likely appoint liberal or conservative justices?)he most likely appoint liberal or conservative justices?)

Circle Map!Circle Map!

Draw the circle map below and Draw the circle map below and write & drawwrite & draw as many things you can about the Supreme as many things you can about the Supreme Court in the next 3 minutes…GO!Court in the next 3 minutes…GO!

Supreme Court

Examples of Supreme Court Examples of Supreme Court RulingsRulings

Brown v. Board of Brown v. Board of EducationEducation of Topeka, of Topeka, KansasKansas (1954) – 14 (1954) – 14thth AmendmentAmendment Declared that ‘separate but Declared that ‘separate but

equal’ facilities were equal’ facilities were inherently unequal because inherently unequal because they were separate – forced they were separate – forced racial integration in racial integration in schools.schools.

Roe v. WadeRoe v. Wade (1976) – 4 (1976) – 4thth; ; 99thth Amendments Amendments Declared that a woman has Declared that a woman has

the right to the right to choosechoose what what she wants to do with her she wants to do with her body – legalized abortion.body – legalized abortion.

Miranda v. ArizonaMiranda v. Arizona (1966) – 5(1966) – 5thth AmendmentAmendment Declared that a person Declared that a person

must be read their rights must be read their rights when accused of a when accused of a crime, primarily that crime, primarily that they have the right to they have the right to remain silent until they remain silent until they have a lawyer present – have a lawyer present – forced police officers to forced police officers to read all suspects their read all suspects their “Miranda Rights” before “Miranda Rights” before they may detain them.they may detain them.

Supreme Court ProcessSupreme Court Process

1)1) Briefs are received by each side (~100’s pages)Briefs are received by each side (~100’s pages)2)2) Oral arguments from each side (~30min.) Oral arguments from each side (~30min.) 3)3) Justices Conference –in order of seniority, each Justices Conference –in order of seniority, each

states how they intend to vote) states how they intend to vote) ~1/3 decisions unanimous, the rest are split~1/3 decisions unanimous, the rest are split

5)5) OpinionsOpinions for each side (majority v. minority) are for each side (majority v. minority) are writtenwritten

=> “majority opinion” v. “dissenting opinion”=> “majority opinion” v. “dissenting opinion”

Wrap-upWrap-up

1.1. What is the main job of the U.S. Supreme Court?What is the main job of the U.S. Supreme Court?2.2. What are the highest state courts? The highest lower What are the highest state courts? The highest lower

courts?courts?3.3. What does jurisdiction mean and what are the three What does jurisdiction mean and what are the three

things it is based on?things it is based on?4.4. What percentage of cases that go to the Supreme What percentage of cases that go to the Supreme

Court go there on appeal?Court go there on appeal?5.5. How many justices make up the U.S. Supreme How many justices make up the U.S. Supreme

Court? What is the head justice called? What are Court? What is the head justice called? What are the remaining justices called?the remaining justices called?