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AP GOVERNMENT Chapter 10 The Judicial Branch

AP GOVERNMENT Chapter 10 The Judicial Branch. THE JUDICIARY. ARTICLE III. Weakest Branch in Constitution originally Hamilton’s Federalist Essay #78 Judiciary Act of 1789 established the court system we know today Three Tier System At least One District Court in every state

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AP GOVERNMENT Chapter 10 The Judicial Branch

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  1. AP GOVERNMENT Chapter 10The Judicial Branch THE JUDICIARY

  2. ARTICLE III Weakest Branch in Constitution originally Hamilton’s Federalist Essay #78 Judiciary Act of 1789 established the court system we know today Three Tier System At least One District Court in every state “Constitutional Courts”

  3. Boundaries of federal district courts and courts of appeals

  4. JURISDICTION Three Tier System Original Jurisdiction (District Court) Appellate Jurisdiction (11 circuits) State Court Systems

  5. To Learning Objectives How the American judicial system is structured Back

  6. KEY JUSTICES • John Jay was the first • Chisholm v. Georgia lawsuit (his decision leads to the 11th amendment prohibiting suits against states in Federal Court) • Felt job so weak he leaves to be Gov. of NY Originally 6 Sup. Ct. Justices, the number would fluctuate, but in 1869 it is set at 9 and has remained so since then but can be changed

  7. The Marshall Court: Marbury v. Madison (1803) and Judicial Review • Federalist No. 78 • Marbury v. Madison • Necessary and proper clause • National supremacy • McCulloch v. Maryland • National supremacy • Broad interpretation of the commerce clause

  8. John Marshall (1801-1835) has the greatest impact: (Federalist long after all others gone) • Marbury v. Madison (1803) • McCulloch v. Maryland (1819) • Gibbons v. Ogden (1824)

  9. Other Justices of some fame: • Justice Taney (Dred Scott) • Justice Holmes (1st amendment) • Justice O’Connor (1st woman) • Justice Marshall (1st African-American) • Justice Rehnquist ( limiting executive privilege) • Justice Warren (rights of the accused and Brown) • Justice Roberts (present Chief Justice)

  10. Can Americans name the justices of the Supreme Court?

  11. The justices of the Supreme Court in 2010

  12. Key Terms • Precedent • Stare Decisis • Senatorial Courtesy • Writ of Certiorari • And the rule of 4 • Amicus Curiae • Solicitor General • First Monday in October

  13. Key Terms Continued Majority Opinion Per Curaium Concurring Opinion Dissenting Opinion Doctrine of Judicial Restraint Doctrine of Judicial Activism Doctrine of Judicial Implementation Strict Constructionist

  14. In criminal trials ___________ is/are the plaintiff(s), while in civil trials ___________ is/are the plaintiff. the government, bureaucratic agencies the states, the federal government private individuals or groups, the government the government, private individuals or groups private individuals or groups, bureaucratic agencies

  15. In criminal trials ___________ is/are the plaintiff(s), while in civil trials ___________ is/are the plaintiff. the government, bureaucratic agencies the states, the federal government private individuals or groups, the government the government, private individuals or groups private individuals or groups, bureaucratic agencies

  16. Stare decisis literally means what? The right of the court to decide The wise will decide Staring at decisions The stars make decisions Let the decision stand

  17. Stare decisis literally means what? The right of the court to decide The wise will decide Staring at decisions The stars make decisions Let the decision stand

  18. How Federal Court Judges Are Selected • Confirmation Process • Investigation • American Bar Association • Lobbying by interest groups • Bork • Christian organizations • Senate committee hearings and vote • More intensive since 1980s • Appointments to Supreme Court • Importance • Unpredictability

  19. To Learning Objectives The Supreme Court Today • Deciding to Hear a Case • Supreme Court hears approximately one percent of cases filed • Supreme Court issues writ of certiorari to hear case • Rule of Four • At least four Justices must sign on to a writ of certiorari • Role of clerks • Initial filtration process

  20. What does amicus curiae literally mean? Friend of the court The people have spoken The court has spoken A friendly decision A little curious

  21. What does amicus curiae literally mean? Friend of the court The people have spoken The court has spoken A friendly decision A little curious

  22. A strict constructionist believes in a(n) ____________ constitution. living inherently evil inherently good Christian dead

  23. A strict constructionist believes in a(n) ____________ constitution. living inherently evil inherently good Christian dead

  24. To Learning Objectives Back

  25. To Learning Objectives How many cases does the Supreme Court handle? Back

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