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THE JUDICIAL BRANCH

THE JUDICIAL BRANCH. CHECKS AND BALANCES, DUE PROCESS, & CIVIL LIBERTIES. QUICK! THINK!. What is Judicial Review? What are “checks and balances”. QUICK! ANSWER!. Do you think the power of Judicial Review is more or less important today than it was during John Marshall’s time?.

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THE JUDICIAL BRANCH

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  1. THE JUDICIAL BRANCH CHECKS AND BALANCES, DUE PROCESS, & CIVIL LIBERTIES

  2. QUICK! THINK! What is Judicial Review? What are “checks and balances”

  3. QUICK! ANSWER! Do you think the power of Judicial Review is more or less important today than it was during John Marshall’s time?

  4. CHECKS AND BALANCES Congress has the power to create the lower federal courts Congress has the power to limit the jurisdiction of the Supreme Court (rarely used) The Judicial Branch determines the constitutionality of a law and the actions taken to carry out the law (i.e., Judicial Review) The President appoints judges to the Supreme Court The Congress has the power of advise and consent (i.e., approval) for appointees made to the Supreme Court

  5. DUE PROCESS Due Process: No state may deprive any person of their life, liberty, or property without being treated to their day in court. Part of the 14thAmendment, a Reconstruction Amendment (amendments passed after the Civil War, numbers 13, 14, and 15) These amendments were to insure the due process of newly freed slaves

  6. REGULATORY POWER • Overtime, the Supreme Court has developed their regulatory power, or their power to regulate business. • For example, in the Granger cases (1870s), the Court held that a state had the power to regulate private property. • During the Progressive Era (1920s), the Court upheld several federal and state laws regulating and limiting big business. • Today, courts typically side with big business. Packing the court?

  7. CIVIL LIBERTIES CHIEF JUSTICE EARL WARREN (1953 – 1969) The Supreme Court became a major force in protecting civil liberties under Chief Justice Earl Warren’s court. Upheld voting rights, the fair apportionment of representation in Congress, and established separate but equal as inherently unequal. Applied due process rights Applied Bill of Rights protections Chief Justice Earl Warren, “Equal justice under law”

  8. REVIEW WHAT ARE FOUR JOBS / POWERS OF THE COURTS? Determine constitutionality Make sure everyone has their day in court (due process) Deal with business affairs (regulatory powers) Uphold civil rights Powers of the Judicial Branch come from Article III and where else?

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