Marbury v. Madison

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Thursday 4/16
RAP
• Did you get enough sleep this week?
• Did you study for the test? Why or why not?
Today:
Test on Unit 4—The Presidency
Read Ch. 18– The Federal Court System and complete the Ch. Assessment on page 528 and 529;
#1-34…IN your notebook ….COMPLETE SENTENCES
DUE Monday!!!!
X.C.
1. What was Dave’s original job? Before he became President.
2. Where did they send the Vice President, in the movie Dave, when they
were trying to get rid of him?
3. How did the first lady figure out that Dave was not the President?
NOTE CHECK:
Unit 4: Executive Branch
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•
•
•
•
•
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1. West Wing: "Let Bartlet be Bartlet" 6 questions
2. Ch. 13 PPT notes 3/25 -- print and put in note check
3. Ch. 14 PPT notes
5. Notes on the President Power points 3/27-3/31
6. Ch. 15 PPT notes from Thursday 4/6
7. Ch. 16 PPT notes
8. Ch. 17 PPT notes
Monday 4/20
RAP
• What is a grand jury?
• Look at the Chart on page 518 and answer the question below it.
• You need to know Marbury v. Madison for final.
Today:
• Review Ch. 18– Federal Courts
U.S. Supreme Court Process
• Discuss List- The Chief Justice prepares a list of those petitions
he believes have sufficient merit to warrant discussion. Any other Justice may
also add a case to the "discuss list"; cases not designated for discussion by
any Justice are automatically denied review.
USSC Process
• Rule of Four- Four of the Justices must agree to hear a case
before a Writ of Certiorari is issued.
• Writ of Certiorari-an order by a higher court directing a
lower court, tribunal, or public authority to send the record in a given case
for review.
USSC Process
• Per Curiam decision-A decision of an appeals court
as a whole in which no judge is identified as the specific author.
• Opinions of the Court
• Rarely are decisions unanimous.
• About 1/3 of all the Court’s decisions are unanimous, most find the court
divided.
USSC Process
• Majority opinion- Officially called the opinion of the court.
Majority agree and submit a written reason why.
• Concurring opinion- Agree with the majority opinion,
but they want to add or emphasize a point that was not made in the majority
opinion.
USSC Process
• Dissenting opinion- Written by those justices who
do not agree with the court’s majority decision.
• On rare occasions the Supreme Court does
reverse itself. The minority opinion today could
become the Court’s majority position in the
future
USSC Process
• Stare Decisis- a legal principle by which judges are obliged to
respect the precedents established by prior decisions.
• Precedent- The MAJORITY opinions stand as
examples to be followed in similar cases in lower
cases and/or in the Supreme court.
Questions to Consider:
• In the United States, all courts have the power to review decisions
of other branches and determine their constitutionality, but the
"final" power of judicial review rests with nine appointed judges.
• In England, the decisions of the highest court are subject to review
by the legislature.
• Who is best suited to have this authority?
Questions to Consider:
• Does the fact that the Court currently has
the power to review actions, of the
legislative and executive branches, relieve
these two branches of the obligation to
review their own decisions to be certain
they are constitutional?
Marbury v. Madison
• Read Page 518 and take
notes on the case.
• Read Page 519 and take
notes on the effects
John Adams, outgoing President
• Made 42 last minute
appointments for Justices of
the Peace prior to leaving office
at the end of his term.
• He gave them to outgoing
Secretary of State John
Marshall to deliver.
Thomas Jefferson, in-coming President
was an anti-federalist and was
suspicious of Supreme Court
Jefferson ordered
Secretary of State
James Madison to
block Federalists
appointees from
taking office
Pres. John Adams had
appointed William
Marbury
as Justice of the Peace
– BLOCKED
John Marshall
(Federalist)
Supreme Court Justice in
favor of an independent
Supreme Court
Marbury v. Madison
• William Marbury brought his case directly to the Supreme Court
because the Court had original jurisdiction over the case. He
asked the Court to issue a writ of mandamus to order James
Madison to deliver his commission.
• Article III, Section 2 lays out the original jurisdiction of the
Supreme Court
• "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in
which a State shall be a Party, the supreme Court shall have original Jurisdiction."
Marbury v. Madison
The Supreme Court of the United States declared
that:
• Marbury is entitled to the commission, but:
• The Court cannot issue the writ because the
Judiciary Act of 1789, which granted the
Supreme Court original jurisdiction to issue writs
of mandamus, is unconstitutional.
Marbury v. Madison
The Supreme Court of the United States
declared that:
• The Supreme Court of the United States has
the power to review acts of other branches
and determine their constitutionality. This
power is called judicial review.
The Decision
• On February 24, 1803, the Court rendered a
unanimous (4–0) decision, that Marbury
had the right to his commission
• but the court did not have the power
to force Madison to deliver the
commission.
Closure
•Why is Marbury v.
Madison considered to
be such a significant or
landmark case?
RAP
Tuesday 4/21
• Why is Marbury v. Madison considered to be such a significant or landmark
case?
Today:
• Review Ch. 18—get it out.
• Notes on AZ state court system.
• Ch. 19– begin Ch. 19.1 and 19.2 DUE FRIDAY
The Arizona State
Court System
Jurisdiction
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State and Local Laws
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federal system allows
states to deal with crime
in a variety of ways
Civil cases: between two
parties
Criminal cases: between
an individual and the state
State Court Systems

Minor Courts
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Superior Court
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civil cases dealing with less than $2,500
criminal cases with jail sentence less than 1
year
justice of the peace
Civil suits over $2,500
Felony cases
Juvenile Courts

In Re Gault
In Re Gault
Do juveniles facing criminal charges have the
same CONSTITUTIONAL protections as
adults?
Criminal Justice System
State Police Forces
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Appellate Courts
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highway patrol units
provide special services for local police
departments
new evidence has been found
the original trial was unfair
state law is unconstitutional
State Supreme Court
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Chooses whether or not to hear a case
interprets state’s constitution and laws
highest appellate court in the state
Tuesday 12/2
RAP
 How did the case Marbury v. Madison affect our system
of government today?
Today:
 Finish reviewing AZ state courts
 12 Angry Men
Procedures in Criminal Cases
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Arrest
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Misdemeanor: minor offence
Felony: serious crime
Lawyers
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Prosecution (district attorney)
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Defense Attorney
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brings charges against the defendant
public defenders- government paid lawyer
Preliminary Hearing
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the state files charges against the suspect
judge decides on bail
Procedures in Criminal Cases

Indictment by Grand
Jury
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determines if there is
sufficient evidence to
hold the person
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Arraignment
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defendant comes
before a judge who
reads the charges
defendant pleads
guilt or not guilty
•Trial
bench trial- judge hears case and renders a
decision
plea bargaining- plead guilty for a lesser
charges (no trial)
Procedures in Criminal Cases

Sentencing
Fine
 Jail
 Restitution: pay back the victim
 Probation
 Combination of above
 mandatory sentencing: required terms of imprisonment for
certain types of crimes
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Jury Duty
12 Angry Men
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As a juror what is your responsibility?
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As you watch 12 Angry Men please think about the
responsibility each juror has in this case.
Twelve Angry Men 1957 -Plot, Character Descriptions and Guide
"12 Angry Men" is a tale of a jury struggling to determine if a young man is guilty of murdering his
father. His life depends on their unanimous decision-either guilty or not guilty. In the beginning of the
movie, we see the a bored-sounding, non-committal judge wearily instructing the twelve-man jury to
begin their deliberations after listening to six days of a "long and complex case of murder in the first
degree." He explains to them that it is a case involving the serious charge of pre-meditated murder
with a mandatory death sentence upon a guilty verdict, and now it is the jury's duty to "separate the
facts from the fancy" because "one man is dead" and "another man's life is at stake." The jury then
leaves the box and goes to the jury room to deliberate. The room itself is very claustrophobic, the
weather is very hot outside, and the only fan they’ve got is not working.
As they settle down at the table, the foreman presents two alternatives: should they discuss things first
and then vote, or "take a preliminary vote" immediately to "see who's where"? The latter alternative is
chosen, and the vote is accomplished by the simple raising of hands. Six of the jurors (# 1, 3, 4, 7, 10,
and 12) quickly put their hands up. After a slight pause - and because of peer pressure, jurors # 2, 5,
6, 11 and 9 hesitantly join them - with only one exception, Juror # 8 (Henry Fonda). # 8 votes not
guilty. Not because he is sure of the boy's innocence, but because he wishes to talk about the serious
case without emotionally pre-judging the eighteen-year old boy.
SEATING CHART
The Foreman (Juror #1)
(Assistant coach)
Ad man w/glasses
(Juror #12)
Bank teller
(Juror #2)
Watchmaker
(Juror #11)
Owner of msngr service
(Juror #3)
Garage owner
(Juror #10)
Stockbroker
(Juror #4)
The old man
(Juror #9)
Man from Slums
(Juror #5)
Architect
(Juror #8)
Working man
(Juror #6)
Salesman, baseball fan
(Juror #7)
Couple of points to be considered during the movie:
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Fan not working-Environmental Conditions
Different points of view: Wasting time vs. Going over and discussing facts
“I’ll pass,” says Juror #5 when asked to explain his reasons of his decision-Every
individual must state opinion. Its members and their behaviors define the team.
Semantics- Two people may talk about the same thing but use different expressions;
creates confusion. Ideas must be defined clearly.
Everyone is more confident when voting secretly- the same level of confidence must be
achieved in open discussions as well.
Juror #8 buys a knife that look very similar to the murder weapon and shakes the factsscan the environment, thorough search on topic.
Motivation and leadership:
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Definition of motivation in terms of three measures of the resulting behavior:
The direction of an individual’s behavior (measured by the choice made when several
alternatives are available).
The strength of that behavior once a choice is made
The persistence of that behavior
A leader must possess:
-Physical qualities, health, vitality and endurance
-Personal attributes of personal magnetism, enthusiasm, ability to inspire,
persuasiveness and tact.
-Character attributes of integrity, humanism, stability.
-Intellectual qualities of mental capacity, ability to teach others.
Answer questions as you watch 
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Enjoy the movie

Think about
Role of jurors
 Different characters
 Which juror do you relate to most?
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Wednesday 12/3
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