The Judicial Branch
Unit V
Essential Questions
1.
2.
3.
Why is the Federal Judiciary set up the way that it is?
How has/does the Judicial Branch affect(ed) American
society?
What does it mean that we enjoy “relative” rather than
“absolute” rights?
Outline
 1) Judicial Review
 2) Structure
 3) The Supreme Court
 A) Process
 B) Landmark Cases
 C) Freedom of Speech
 4) Putting it all together
 Found In:
 Article III in the Constitution
 Chapters 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 III
 Section 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 III
 The 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
government
 Make policy
 Can undo work of representative institutions
 Judicial Activism or Judicial Restraint?
 Constitutional advocates?
 Bush v. Gore
 Citizens United v. FEC
Power on federal courts
 U.S. Constitution
 Articles I-VII
 Amendments 1-10 aka Bill of Rights
 Amendments 11-27
 Marbury v. Madison
 Judicial review
 Checks and Balances
Defendant Arrested
Trial Court
Not Guilty
Guilty
can appeal to
Defendant
Free
Court of Appeals
Reverse
Conviction
Defendant
Free
Defendant Free
Uphold
Conviction
can appeal to
Minnesota
Supreme Court
Reverse
Conviction
Uphold
Conviction
Dual Court System
 States
 Federal
Judicial review of state laws
Minnesota Court System
Federal system
 94 District Courts: Criminal and Civil cases
 13 Appeals Courts  Appellate
 Justices – Life terms (“Good behavior”)
 1 Supreme Court
 Judicial Review  Marbury v. Madison
SCOTUS
U.S. Supreme Court
Supreme Court of the United States
 Ultimate court of appeals in the U.S.
 Does not deal with guilt or innocence
U.S. Supreme
Court
 Cases appealed from federal and state system
 Control of docket (5k-7k  hear 100-150)
 Session (October - June)
 Justices - 9 (life, appointed by president, confirmed by
senate)
Supreme Court (continued)
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Control over docket (rule of four)
Solicitor general
Amicus curiae brief
Grant review
Oral arguments
Conference
Judgment
Chief Justice
Session
 Cases 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 equals
 Gets 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 Court
 Nine Justices led by a Chief Justice of the Supreme Court.
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His/her main duty is administrational and ceremonial. For
example?
Nomination and confirmation can sometimes become very
“political”
Conservative, Moderate, Liberal
Republican to Republican appointees
Democrat to Democrat appointees
Almost always…Why?
U.S. Supreme Court 2012
The Roberts Court, 2012
Back 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
The Judicial Branch
Unit V