Unit 2: The Workings of American Government

Part 2: The Judicial Branch

The National Judiciary Structure

District Courts Most local level of federal courts 94 District Courts First time cases only – NO APPEALS Hears the most cases of any level

The National Judiciary Structure

Appellate Courts Courts of appeals And ONLY appeals 12 Circuit Courts PLUS Federal Circuit Court

Nationwide reach Located in DC

The National Judiciary Structure

The Supreme Court 9 Justices Takes appeals by

selection Sometimes takes

original cases

The National Judiciary Structure

Nominated by the President (Executive Branch)

Confirmed (or rejected) by the Senate (Legislative Branch)

Serve until they decide to resign, retire or when they die

Can only be removed for high crimes, treason and misdemeanors Must go through the impeachment process to

be removed

The Supreme Court Justices

William Marbury Was appointed Justice of the Peace of

Washington D.C. by President John Adams Got the position because he was loyal to the

Federalist Party President Adams appointed him late in the

night of his last night in office Adams had lost the presidency to Thomas

Jefferson

Judicial Review

James Madison Was Secretary of State for new president,

Thomas Jefferson Madison and Jefferson belonged to the

Democratic-Republican Party Madison found Marbury’s appointment signed

by the past president, Adams, on his desk – undelivered!

Jefferson told Madison NOT to deliver it

Judicial Review

Marbury sues Madison in the Supreme Court Wants to FORCE Madison to deliver his

appointment Becomes known as Marbury v. Madison The Supreme Court

Led by Chief Justice John Marshall Unanimously found AGAINST Marbury Said the law Marbury was using to sue Madison

was unconstitutional A NEW POWER IS BORN!

Judicial Review

Decisions are called “Opinions” Majority Opinion

The “winning” opinion “The Opinion of the Court” The finding of most of the

justices Concurrent Opinion

Those who agree with the outcome But for different reasons

Dissenting Opinion Those who oppose the

outcome The “losing” opinion

Supreme Court Decisions

Judicial Restraint Judges need to show self-control Judges should only look at the letter of the law Judges should only look at precedent

Judicial Activism Judges should look at the letter of the law

AND the intent of the law Judges should look at precedents AND the

time period it began Judges need to revise laws and precedents

with changing times

Judicial Restraint vs. Judicial Activism

Pages 520 – 524 (5 pages)

Page 527 (1 page)

Page 528 – 531 (4 pages)

Pages 532 – 534 (3 pages)

Page 537 (1 page)

Total of 14 pages

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