AP US Government
Judicial Branch
The creation of judicial review
 Election of 1800: the Federalists lost both the Presidency and control of the Congress.
 In their final months of Congressional control, The Federalists passed the Judiciary Act of
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1801,
 This Judiciary Act created 6 circuit courts and 16 new judgeships, along with a number of
other judicial appointments.
William Marbury was appointed to a judgeship as a justice of the peace for the District of
Columbia.
His papers of appointment, however, was never delivered. When Jefferson became
President, he instructed Secretary of State Madison not to deliver the these documents.
Marbury sued.
The Supreme Court faced a dilemma. I
 f it ruled in favor of Marbury, it would no doubt be defied by the administration.
 If it ruled against Marbury, however, it would be admitting that the Court had no power.
Marshall found the political middle. He ruled against Marbury on a technicality. On the
other hand, he ruled that the judiciary had the right and responsibility to decide what was
and what was not constitutional.
So what…
 Marbury v Madison set a precedent:
even though Marbury lost this battle,
the case gave the Supreme Court the
power to decide what is and is not
Constitutional.
The judicial branch and the Constitution
 Initially, the Bill of Rights was only to be applied to
Federal cases.
 Post civil war, however, the 13th, 14th and 15th
Amendments were written to protect the interests of
all citizens.
 All states must adhere to (follow), the 14th
Amendment, which requires due process and equal
protection to all citizens.
The judicial branch and the Constitution…cnt’d
 Throughout the history of the judicial branch, various
court cases have actually ruled that due to the 14th
amendment, states must also adhere to other
amendments.
 This is known as the Incorporation Doctrine.
 Example: A citizen is suing a state for forcing him to
stop printing his extreme left-wing internet magazine.
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The state must allow the citizen to continue publishing because,
according to the 14th Amendment, all citizens must receive equal
protection under the law.
This citizen’s 1st Amendment right (freedom of press) must
therefore be protected.
Rights in the Bill of Rights that have been
“Incorporated” through the 14th Amendment
Privacy
Free Speech
Free Press
Freedom of Religion
Assembly and petition rights
“Association”
Search and seizure
Exclusion of evidence
Self incrimination
Confront witnesses
Impartial jury
Speedy trial
Right to counsel
Public trial
Cruel and unusual punishment
Federal Judicial Terms: How long do they serve?
 Both Federal Judges and Supreme Court judges
serve life terms
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In other words, they hold their seat as Judge until they step
down, or pass away
 Therefore, their initial selection is very important,
and very political
Judicial Selection
 Ideally, the Supreme Court will consist of a balance of
conservative and liberal judges
 Liberal judges will aim for stronger use of laws, with the
goal of flexibility and equality
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They believe that the constitution can be interpreted broadly, and
adapted to meet the needs of modern times
 Conservative judges prefer limited court control, and prefer
liberty, and relinquishing most court issues to the state
courts
 Presidents rely on the recommendations of advisors and
members of congress to fill vacancies w/in the courts.
 Once nominees are submitted, the Senate Judiciary
Committee plays a large role in selection.
The Supreme Court’s Work
 99% of Supreme Court Cases are remanded
 This means that they original decision is upheld (supported)
 The chief justice acts as a guide/chairperson but his
vote holds no more weight than that of another
judge.
 Arguments/debates within the court are considered
private
 Lawyers are very limited in what they may present to
the judge.
Supreme Court Decisions
 Once the court has reached a majority of 5 to 9 justices,
they will share their decision with the legal community,
and explain what it means for future decisions:
 Majority Opinion: Discusses how the case at hand
influences the interpretation of the Constitution.
 Minority Opinion: Discusses the opinion of those who
do not agree with the ruling.
 Concurrent Opinion: Those who voted with the
Majority, but do not agree with the Majority Opinion,
may publish their opinion as to how the ruling should
affect the interpretation of the Constitution.
What types of cases does the supreme court hear?
Cases as laid out
by the Article 3 of
the Constitution
Cases granted an
appeal by the
Supreme Court
from lower federal
courts
Appeals granted by
state Supreme
Courts will be heard
by the federal
Supreme Court
If any 4 of the
judges wants to
hear the case, the
entire court will
hear it
Federal laws that
are declared
unconstitutional by
a state court will be
heard by the
Supreme Court
State laws that are
declared
unconstitutional by
a lower federal court
will be heard by the
Supreme Court
Why does the Supreme Court matter?
 The Supreme Court has been instrumental in the
development of Civil Rights and Civil Liberties in the
United States.
 Have guaranteed the rights of citizens independent
of their skin color, race, age, gender, political or
religious beliefs, sexual preference, weight, height,
disability…. And the list goes on.
 This list will never remain stagnant…the changes we
experience in our lifetime have the potential to be life
altering for many.